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Employment Rights Act

The Employment Rights Act introduces major reforms to UK employment law, with changes being implemented in stages from December 2025 through to 2027.

Employment Rights Act

'161' guidance listed

I'd like to take paternity leave. What notice do I need to give my employer?

If you intend to take paternity leave you have to give your employer notice that specifies the week when your child is due to be born, the length of leave that you intend to take (up to two weeks) and the date that you have chosen your leave to begin on.

Family

Who is entitled to paternity leave?

You are entitled to paternity leave if you are the father of the child or partner of the primary adopter and expect to have responsibility for the child; or   you are married to, or are the partner of, the person giving birth, but are not the child’s father, and you expect to have the main responsibility along with that person for the upbringing of the child.

Paternity leave

What is parental leave?

The law allows working parents, or others with a formal parental responsibility, who are employees, up to 18 weeks’ leave for each child up to the age of 18. 

Family

What are the main health and safety regulations?

The main health and safety regulations include those for Display Screen Equipment, Personal Protective Equipment, Manual Handling Operations, Reporting of Injuries Diseases and Dangerous Occurrences and more...

Worker

What are the five steps to risk assessment?

According to the Health and Safety Executive (HSE) there are five steps to risk assessments. Identify the hazards, decide who may be harmed and how, access the risks, make a record of the findings and continue to review.

Worker

Is there a maximum temperature in workplaces?

There is a minimum temperature of 16°C, or 13°C if your work involves considerable physical activity. However, your employer is also expected to prevent your workplace being uncomfortably hot. There should also be enough thermometers around the workplace so that you can check the temperature.

Hot at work

Can I stop wearing a suit to work when the temperature gets too high?

You should first of all check your employee handbook or contract to see what (if anything) these say about acceptable standards of dress. Most employers will be prepared to be flexible during hot weather and a smart (but cooler!) alternative to a suit should not be considered a problem. Obviously, standards of dress will very much depend on the job that you do. For example, smarter clothing may be expected where you work in a frontline post, representing your company and meeting clients.

Men in suit

Our office windows don't open. What should our employer do about temperature?

Your employer is expected to prevent your workplace being uncomfortably hot. There are many steps which employers may take to assess risk and provide more comfortable working during hot weather.

Aircon display screen

How often should a risk assessment take place?

The Health and Safety Executive (HSE) says that risk should be assessed "every time there are new machines, substances and procedures, which could lead to new hazards."  

Worker

Should our employer provide drinking water when it's hot?

Workplace (Health, Safety and Welfare) Regulations 1992 say that an adequate supply of wholesome drinking water should be provided for everyone in the workplace, regardless of whether the weather is hot or not. It also says the employer has to provide cups, unless it is a drinking jet. In the case of non-disposable cups, a facility for washing them should be provided nearby.

Worker drinking water

I work outdoors all day in the sunshine. Is this safe?

Outdoor workers exposed to high temperatures and the sun for long periods are at risk of sunstroke, sunburn and heat exhaustion. Sunstroke or heatstroke is more likely when heavy physical work is being done.

Worker outside drinking water

What is bullying at work?

There is no legal definition of bullying, but the independent Acas says it can be described as unwanted behaviour from a person or group that is either offensive, intimidating, malicious or insulting or an abuse or misuse of power that undermines, humiliates, or causes physical or emotional harm to someone. You don't have to put up with being bullied. Talking to someone you trust is a good first step. This could be a union rep, a line manager or someone in HR. You can call the Acas helpline on 0300 123 1100.

Worker

What should my employer do to protect me?

Employers have clear legal obligations to prevent threats and violence towards you at work. These hazards should be tackled in the same way as any other risk you face at work.  The Health and Safety Executive (HSE) defines violence at work as "any incident in which an employee is abused, threatened or assaulted by a member of the public in the course of their employment." 

Worker

What are the warning signs of stress?

Excess pressure at work can affect your mental and physical health in many ways. Warning signs include high blood pressure, indigestion, feelings of anxiety and disturbed sleep.

Worker

How can I claim compensation for ill health resulting from asbestos exposure?

If you are suffering from ill health as a result of exposure to asbestos dust, you may be able to make a personal injury claim. You will need specialist legal advice to make your claim, whether it is settled in or out of court. If you are a union member, your union should be your first port of call. Most unions have a great deal of expertise in settling personal injury claims and the solicitors they use are recognised as experts in this field.

Worker

What should my employer do about stress at work?

The Health and Safety Executive (HSE) approach to dealing with work-related stress is set out in its Management Standards. This involves systematically addressing the six major work stressors: demand; control; support; relationship; role; and change. The HSE claims that if these six work areas are properly managed, work-related stress can be reduced. 

Worker

I don't feel safe at work. What can I do about it?

Your employer is responsible for your safety at work. This includes taking action to prevent violent, abusive and threatening behaviour from customers, clients, fellow workers and the general public. If you are attacked, you can expect support from your employer.   If you don't feel safe at work you should raise this with your safety rep, if there is one, or your line manager. 

Worker

What are my employer's duties under the Health and Safety at Work Act?

It is your employers duty to provide you with a safe and healthy workplace, including offering a safe system of work, safe equipment, carrying out a risk assessment and keeping staff informed about all potential hazards.

Worker

What should I do to avoid exposure to asbestos dust?

Although the use of asbestos is now banned, much of the asbestos used in the past is still around. Before you start any job, your employer has a duty to carry out an asbestos risk assessment. Do not start work until this assessment has been carried out. Stop any job immediately if you suspect asbestos is present in any material. 

Worker

I've just discovered I'm pregnant. Do I have any special health and safety protection at work?

Yes. Several health and safety laws require your employer to pay special attention to any workplace hazards that might affect you or your baby. You are also protected against sex, pregnancy and maternity discrimination by the Equality Act 2010. There is guidance from the Health and Safety Executive (HSE) for new and expectant mothers available online. 

Worker

What should I do if I think I have a good claim?

You'll need specialist legal advice to make your claim, whether or not it is settled out of court, or goes to court. If you are a union member, your union should be your first port of call. If you are not a union member and are thinking of becoming one, you can ask whether your prospective union will help even though you suffered the injury before becoming a member.

Worker

Which court do I go to for workplace injury cases?

Most personal injury claims are decided in the civil courts – either the County Court if it is worth up to £50,000, or in the High Court if it is above £50,000. However, employment tribunals can give compensation for personal injury in some limited cases, for example claims for discrimination or harassment under the Equality Act 2010. In this kind of case, the claim would normally be for psychiatric injury resulting from an act of discrimination or harassment.  

Worker

What rights do safety reps have?

Trade unions have the right under the Safety Representatives and Safety Committees Regulations 1977 to appoint workplace safety reps. The Regulations give various rights to safety reps and require employers to set up a safety committee and to inform and consult safety reps in good time on matters relating to health and safety. 

Worker

What is the Health and Safety at Work Act?

The Health and Safety at Work Act 1974 (HASWA) lays down wide-ranging duties on employers. Employers must protect the 'health, safety and welfare' at work of all their employees, as well as others on their premises, including temps, casual workers, the self-employed, clients, visitors and the general public. However, these duties are qualified with the words 'so far as is reasonably practicable'.

Worker

There is no safety representative in our workplace. What can I do?

The Safety Representatives and Safety Committees Regulations 1977 provide for the appointment of safety representatives where there is a recognised trade union. Also, where safety representatives request it, the Regulations provide for the setting up of a safety committee. Where there is no recognised union, the Health and Safety (Consultation with Employees) Regulations 1996 will apply.  

What kind of precautions could my employer take if I am pregnant?

If there is a significant risk identified they could temporarily adjust your working conditions or hours; offer suitable alternative work; or suspend you from work on paid leave.

Worker

What kind of workplace hazards should my employer be paying particular attention to if I am pregnant?

This depends on the kind of work you do, but things to look out for include exposure to lead, and certain other chemicals such as drugs and pesticides; working with ionising radiation; lifting and other physical work; exposure to infections and exposure to cigarette smoke.

Worker

What do I have to prove in a work-related injury claim?

You have to prove that you suffered an injury and that it was, more likely than not, caused by a failure on your employer's part.

Worker

Who counts as a 'parent' in order to be able to take parental leave?

Only parents, carers with 'parental responsibility' or who expect to get 'parental responsibility', and fathers who are registered on a child’s birth certificate are entitled to take parental leave for a child. Only the person giving birth and the father, if married to them, automatically have parental responsibility. Unmarried fathers will have parental responsibility if they have been granted it by the person who gives birth or have a court order granting it. 

Family

What happens to my conditions of service when I'm on parental leave?

During parental leave, you will still be an employee but your employer is not obliged to pay your wages during that time. All other terms of your contract of employment, and all the rights and obligations under it, remain in place. You continue to accrue statutory holiday, which can be taken after the end of your leave (although not necessarily immediately after it – you will need to agree it with your employer). 

Family

Can I share my partner’s maternity leave?

Yes, so long as both of you qualify for Shared Parental Leave, and so long as your partner agrees. 

Father

I am the parent of a disabled child. What are my rights to parental leave?

All parents are entitled to take up to 18 weeks’ unpaid parental leave (maximum four weeks per year) to be used at any time up to the child’s 18th  birthday.

Family

Am I entitled to take statutory adoption leave?

You have a right to 52 weeks of adoption leave if you are an employee, are the primary person adopting the child, and have notified the adoption agency agreeing the placement of the child with you.

Family

Do interns have any rights at work?

'Intern' is a label that has been applied to individuals doing work experience. It is not a legal concept and has no legal definition. What rights you have when you work as an intern will depend on your particular situation, described in law as your ‘employment status’. 

Worker

What should I expect from a good internship?

Internships vary a lot. But you should at least expect pay, a contract of employment, sensible hours, the change to gain skills and experience and respect from other workers.

Worker

What can I do if I have a problem with my internship?

Dealing with problems at work can feel intimidating. One of the most effective forms of protection in the workplace is to join a trade union as soon as you start. Union officials will offer you support and advice, and workplace-based union reps can accompany members to formal grievance and disciplinary meetings with your employer. 

Worker

What am I entitled to as an apprentice?

As an apprentice you are an employee. Your basic rights include the right to a written contract of employment, statutory holiday pay, unpaid rest breaks, statutory sick pay and many more.

Worker

I don't have many qualifications. Can I get more through work?

Previous government schemes, such as Kickstart, have now ended and the right to time off work for study and training is limited to rights contained in the Employment Rights Act 1996. However, it is worth checking with your local further education college to see if there are any schemes available locally. In Wales and Scotland, workers aged 16-17 who are not in education and have fewer than five GCSEs at grade C or above can get paid time off to train.

Worker

What kind of personal protective equipment should my employer give me?

If your employer cannot control your exposure to health and safety risks by other means, they should provide, free of charge, personal protective equipment (PPE). This can include boots, goggles, masks, overalls and other equipment according to the type of risk. If you are exposed to chemicals, the type of PPE you need is set out in the Control of Substances Hazardous to Health Regulations 1999 (COSHH) and includes gloves, masks and overalls. 

Worker

If we go on strike, are we protected from dismissal?

It depends on whether the strike was a form of 'protected industrial action'. Although a strike, or other form of industrial action, is a breach of the contract of employment, which would normally give the employer the right to dismiss, the dismissal would be unfair if the action was 'protected'. 

Worker

I feel stressed. what can I do about it?

Talk to someone you trust, at work or outside work. Speak to your union rep if you have one. Talking is the first step towards regaining control over your working life.  Think about where and when you experience the most stress. Is it at home or at work? Are you trying to meet impossible demands? Where do they come from? Listen to your feelings. 

Worker

How do we go about claiming union recognition?

Many employers are prepared to recognise a union voluntarily where there is significant support among the workforce.  It is best to invite the union's full-time official to approach the employer.

Worker

Do I have to wear the protective clothing my employer gives me?

Yes. Your employer can tell you to wear safety equipment (such as gloves, a visor or boots) and if you don't, they are entitled to take disciplinary action, including excluding you from the workplace. 

Worker

What is industrial action?

Industrial action is an act, done by either an employee or an employer, which prevents the operation of the contract of employment. For a strike to be lawful under UK legislation it must have been called by a certified trade union.

Worker

My employer provides protective clothing. Do I have to wash it myself, or should this be my employer's responsibility?

The responsibility for maintenance of protective clothing lies with the employer.

Worker

How can a union help?

If you are a union member and your employer recognises your union, it is very likely that there are both formal and informal routes for resolving disputes open to your union workplace representative. As soon as you think you may have a problem, you should raise it with your union rep and seek their advice.

What rights does a union have when it is recognised?

If the union is an independent union (meaning that it has a certificate of independence issued by the Certification Officer) a number of legal rights follow.

I am currently subject to collective bargaining, but have been offered an individual contract of employment. What should I do?

In many sectors and occupations, negotiating through collective bargaining with a recognised union is well recognised as the best way to ensure decent wages and other terms and conditions such as pensions.

Worker

What is a union safety representative?

A safety rep is a fellow worker elected by other union members to look after the health and safety at work of people they work with. The work that they do benefits everyone in their section, both union and non-union workers.  If your employer recognises a trade union, union members in your workplace have the right to elect safety representatives. The number of reps and the areas they cover are usually agreed with your employer. 

Worker

What does 'flexible working' mean?

Flexible working is any type of work arrangement that gives employees flexibility over where and when they work. It includes flexi-time, remote and home working, part-time working, predictable hours and compressed hours.

Have I got the right to choose who comes with me to meetings with management?

Yes, so long as the meeting is a grievance or disciplinary meeting, you have the right to choose who accompanies you to meetings with management.  Under the Employment Relations Act 1999, all workers have the right to be accompanied at a disciplinary or grievance hearing by a trade union representative or a fellow worker. 

Worker

Can I take time off for urgent family reasons?

The Employment Rights Act gives all employees the right to dependants' leave. This is a right to reasonable time off work to help a dependant in certain circumstances. Your employer does not have to pay you if you take dependants' leave unless there is a workplace agreement that you will be paid. Employees' jobs are protected during their absence on dependants' leave. 

Parent with child

Can our employer refuse to pay us for when we were on strike?

Although refusal to pay wages would normally be an unlawful deduction of wages, a failure to pay wages for days that a worker was on strike is specifically exempted. It is lawful for your employer to deduct pay for the days you were on strike. 

Worker

I am expecting a child. What are my employment rights as an employee?

You are entitled to 52 weeks' maternity leave, regardless of how long you have been with your employer and the right to choose to cut short your maternity leave (after taking the first two weeks of leave, or four if you are a factory worker) and to share the remaining leave with your partner, so long as you both qualify under the Shared Parental Leave regime.

Pregnant woman

What should my employer do when they get my flexible working request?

The Employment Rights Act 1996 and regulations made under it set out your employer’s duties when dealing with a flexible working request. They are explained in the Acas Code of Practice on requests for flexible working.  First, your employer must deal with your flexible working request in a reasonable manner. When the Employment Rights Bill comes into force, their decision on whether to agree the request must also itself be reasonable.

Flex working

My child is sick and I need time to look after them, but my employer is refusing. Do I have any rights?

You have the right to take reasonable time off as dependants’ leave to deal with an emergency involving your child if he or she is ill and you need time to make arrangements for their care. If your employer is refusing you time off for this purpose, you should seek advice from your trade union rep or (if there is no recognised union in your workplace), your local Citizens Advice or Law Centre. 

Parent and child

What time off work am I entitled to in relation to maternity?

All pregnant employees are entitled to reasonable paid time off for antenatal care. Fathers-to-be and partners of a pregnant employee are also entitled to unpaid time off to attend two antenatal appointments.  

Mothers

Am I entitled to Statutory Maternity Pay (SMP)?

You are entitled to SMP provided you have worked for your employer for at least 26 weeks and have been paid at least the Lower Earning Limit on average in the eight weeks up to the last qualifying week.

Newborn

What are the circumstances under which I can ask for dependants' leave?

You have a legal right to take dependant's leave for a number of reasons, for example if you need to help a dependant who falls ill, or where normal care arrangements have been suddenly disrupted.

Childcare

I want to attend a language course but my employer says this is not essential for my job. What can I do?

If you are 18 or over and have been employed by an organisation with 250 or more employees for at least six months, you have a legal right to time off for study or training if this would improve the effectiveness or performance of your employer’s business. It does not have to be essential to the business so long as you can show that improving your language skills would benefit it in some way.  

Worker

To progress in my grade I need competency-based training. Why isn't my employer providing me with it?

Some employers require employees to be able to meet certain minimum requirements in terms of skills or competencies before they can be considered for promotion. Such employers will normally have developed a competency framework that will outline the skills, knowledge and behaviours applicable to each level or grade in the organisation.  

Workers

What kind of training is available at work?

We should never stop learning, and there should be few excuses for employers to prevent us from accessing appropriate training. All jobs require a certain degree of training, but good employers will go beyond the basics and offer ample development opportunities for their staff. 

Workers

Do apprentices have the same work rights as ordinary employees?

Most apprentices are categorised as employees, which entitles them to a wide range of statutory work rights including: at least 5.6 weeks paid holiday a year (including bank holidays); rest breaks; health and safety protection; and a contract of employment or training agreement.  

Worker

What time limits do I need to consider in taking adoption leave?

You must give your employer notice of your intention to take adoption leave within seven days of being notified by the adoption agency that a child will be placed in your care for adoption.

Family

What is an apprenticeship?

An apprenticeship is a three-way arrangement between an employer, an apprentice and a training provider that combines on-the-job training and formal study to develop skills, experience and qualifications. It provides the chance to 'earn while you learn' in jobs and sectors as diverse as accounting, construction, engineering and floristry.

Worker

Can I return to the same job from adoption leave?

After returning from Ordinary Adoption Leave (the first six months of leave), you have the right to go back to the job you were doing before you went on leave. After returning from Additional Adoption Leave (the second six months of leave), you have the right to return to the same job unless your employer can demonstrate that it is not reasonably practicable to have kept that job open for you.

Family

What are foundation degrees?

Foundation degrees are designed by universities in association with employers and combine academic and workplace skills. They allow you to study while you work and can suit those who are looking for work or wanting to change careers as well as those who do not want to embark on a full degree course. 

Worker

How do I find out about training options within my organisation?

For any good employer, developing the skills of their staff should be a key strategic goal. Besides raising the skill levels of the workforce (and thus the effectiveness of the organisation), training provides motivation and increases staff loyalty. 

Worker

I've got a young family and would like to change my work patterns. What are my rights?

So long as you are an employee, you have the right to make a request for flexible working, and your employer must consider that request.  Your employer can only refuse your request for flexible working on specified grounds, such as impact on performance, burden of extra costs and insufficient work for the periods the employee wants to work. You can make up to two requests in any twelve-month period.

Young family

What are the Agency Workers Regulations and what new rights do they give me?

The Agency Workers Regulations 2010 (AWR) are designed to tackle discrimination against agency workers in the workplace and their often poor terms and conditions. From day one, temporary agency workers have a right to equal access to collective facilities, the opportunity to apply for vacancies and after 12 weeks, equal treatment on pay, holidays and  improved pregnancy rights.  

Worker

I work through an agency. Am I an employee or a worker?

Some agency workers are 'temporary agency workers', engaged by an employment agency or business and sent to perform fixed term assignments at the premises of a different business (the 'hirer').  Other agency workers are permanent employees of the employment agency, directly employed by the agency and sent to work for different businesses. 

Worker

How should my employer approach monitoring at work?

Employers may want to monitor their workplaces for a variety of legitimate reasons, such as to discourage theft or violence by members of the public. Workers will generally expect and accept some degree of monitoring as necessary - for example, monitoring can help ensure that workers in hazardous jobs are not at risk from unsafe working practices.  

Worker

What is monitoring at work?

Monitoring is to some extent a routine part of the employer/employee relationship. Most employers make some checks on the quantity and quality of work produced by their staff, and employees will generally expect this. 

Worker

I'm concerned about email and web usage monitoring at my workplace. What should I do?

Because the Human Rights Act 1998 extends to the workplace, you have the right to a reasonable amount of personal correspondence and phone calls during work time. This does not mean that you have the legal right to use the work phone, email or internet for personal reasons, but you should be able to access some private communication system. Good employers will trust their staff to make reasonable private use of these facilities, so long as that use does not interfere with work or bring the business into disrepute. 

Worker

Who is responsible for my safety as an agency worker?

As an agency worker, your agency has a responsibility not to place you in a job for which you are not appropriately qualified. Your agency also has a legal duty to find out about any health and safety risks that may exist at the placement company, and what the placement company is doing to prevent and control those risks. They should check that the hirer has carried out a thorough health and safety risk assessment and ensure that you are made aware of the situation before placing you with the organisation.  

Worker

I have failed a drug or alcohol test administered by my employer. What will happen now?

It is very likely that your employer will view this failure very seriously and it is likely to have disciplinary consequences, including even dismissal.  For safety-critical roles, you should expect your employer to enforce a policy of 'zero tolerance' of drug or alcohol misuse. Network Rail’s policy is a good example of this: it is a criminal offence for a train driver to be unfit for work due to drink or drugs.  

Worker

Should employers test workers for alcohol and drug use?

Drug and alcohol testing is highly controversial and raises issues of human rights and data protection. It is, however, becoming more commonplace. 

Worker

Do I have a right to know what information my employer has collected through monitoring me at work?

Yes. Data protection law gives you the right to know the type of personal information your employer holds about you, why that information is being held, how the information is being used or will be used, and who will be able to access that information. This is known as a data subject access request.

Worker

Is it illegal to take drugs or drink alcohol at work?

It is a criminal offence under the Misuse of Drugs Act 1971 for any person knowingly to permit the production, supply, possession, or use of controlled drugs on their premises except in specified circumstances such as where they have been prescribed by a doctor. 

Worker

What is the difference between implied and express terms in an employment contract?

The rights and duties of both employers and employees are found in the contract of employment. They are called 'terms' of the contract. 

Worker

What is meant by ‘custom and practice’ in employment terms?

Some terms may be implied through custom and practice in a particular trade or with a particular employer. Terms can also be implied by the conduct of the parties, meaning that they act in such a way that suggests a term has been agreed. 

Worker

How will a business transfer affect my pay and other terms and conditions of employment?

When a business is transferred from one owner to another, your terms and conditions of employment (except for pensions) are automatically transferred as well. Your rights derive from the Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE). 

Worker

Can my employer change my contract of employment?

A contract of employment is a legal agreement between the employer and the employee. Its terms cannot lawfully be changed by the employer without agreement from the employee (either individually or collectively through a recognised trade union). 

Worker

What are our rights when our company is taken over?

If a business is transferred from one owner to another, your terms and conditions of employment are automatically transferred as well. The position with regards to occupational pensions is more complex.  

Worker

What happens to my pension rights in the event of my employment being transferred to a new owner?

Occupational pension rights are excluded from TUPE protection and do not transfer.  

Worker

My contract terms say my employer can make changes without my agreement. Does this mean they can make any changes they want?

No, although this kind of contract term – which is increasingly common, especially in non-unionised workplaces – is designed to make it much easier for the employer to force through unpopular changes. 

Worker

I quit my job without notice. Am I entitled to be paid for the period I've worked this month?

Yes. You are entitled to be paid your wages for the hours you worked up to the date you quit your job.

Worker

How much annual leave am I entitled to by law, and when can I take it?

All  workers , from the first day of employment, have the right to 5.6 weeks' paid holiday per year.

Worker

Employee, worker or self-employed: what difference does it make?

Employees, workers and self-employed  people may do identical work yet their employment rights and pay prospects could be very different.  

Worker

I work a lot of overtime. Should my holiday pay reflect this overtime?

Yes. Following a series of important legal cases brought by unions, it is now established that holiday pay must be your 'normal' wages. This means it must include all the pay components you would normally have earned had you not been on holiday.  

Worker

Am I entitled to sick pay from the state when I am absent due to sickness?

To qualify for Statutory Sick Pay (SSP) you must have an employment contract and have done some work under that contract, and this includes agency workers and zero-hours workers.

Worker

What are the maximum hours I can be expected to work over an average working day?

Workers covered by the Working Time Regulations 1998 must not be required to work more than 13 hours per day and must not be required, against their wishes, to work an average of more than 48 hours a week. Workers may agree in writing to work more than an average of 48 hours per week (an “opt out agreement”) but can withdraw their agreement at any time.  

Worker

Do I have to attend a medical examination to get sick pay?

If you get occupational sick pay, any specific requirements for receiving sick pay, such as attending a medical exam, will be set out in your terms and conditions of employment. 

Worker

Am I entitled to pay from my employer when I am absent on sick leave?

Workers are only entitled to Statutory Sick Pay (SSP), which are subject to qualifying rules, unless your employer pays contractual sick pay in excess of this, which many employers do.  

Worker

Can I be dismissed without proper notice?

Yes, but only in exceptional circumstances, such as gross misconduct. Your employer can dismiss without notice if it genuinely and reasonably believes, following a fair investigation, that you are guilty of gross misconduct.

In what circumstances am I entitled to claim equal pay?

The equal pay laws in the Equality Act 2010 apply to all workers, including those working on a part-time, casual or temporary basis. For these purposes, pay includes all contractual elements of wages and salaries (including pensions).

Worker

I work on 'piece rate'. Am I entitled to the National Minimum Wage?

Yes. If you are paid according to the amount of your output (known as ‘piece work’), as opposed to the hours you work, you are still entitled to the National Minimum Wage (NMW).

Worker

How much should I be paid?

Your contract of employment should contain a clear written term specifying your rate of pay and other pay elements, which are a matter of agreement between you and your employer.

worker serving coffee

Our employer has not paid us any money this week. What can we do?

Failure to pay wages for work done is an unauthorised deduction from wages. If the matter cannot be resolved, you are entitled to make a claim to an employment tribunal.  

Worker

What expenses should I be paid as a contractual right?

The law requires your employer to reimburse reasonable expenses necessarily incurred in the course of your employment.

Worker

What is meant by 'equal pay'?

The Equality Act 2010 states that men and women are entitled to equal pay for equal work.

Worker

What does flexible working mean, and do I qualify for it?

Flexible working refers to different patterns of working arrangements, including working part time, working from home; job-sharing and compressed hours.

Worker

I suspect male colleagues doing the same job as me are being paid more. How do I go about finding out?

Acas encourages potential claimants to ask questions of their employer before deciding whether to issue tribunal proceedings in an equal pay claim.

Worker

How is holiday pay worked out?

Pay during holidays is calculated in the same way as a normal week’s pay. This simple but important principle was established after many years of litigating by trade unions, up to the level of the European Court of Justice. These cases have established that when on holiday, you should be paid the same pay as when you are working.

Am I allowed time off work to see my doctor?

There is no general legal requirement for your employer to give you time off for medical appointments. Whatever entitlement you have to time off to visit the doctor will depend on your individual employment contract. 

Worker

My employer has offered me a different job, as an alternative to redundancy. Where do I stand?

If your employer offers you an alternative job, you will need to think carefully. 

Worker

Who is entitled to minimum pay?

Nearly all workers aged 16 and over, including part-time workers, fixed-term workers, agency workers, casuals, those working on 'zero hours' contracts and homeworkers, are entitled to the National Minimum Wage (NMW).

Worker

I have been made redundant. What payment am I entitled to?

If you are an employee with at least two years' service in your job, you are entitled to a statutory redundancy payment. This is normally paid by your employer, but the state will pay if your employer has gone bust. 

Worker

How should I go about making a request for flexible working?

Acas has put together a  Code of Practice for employers on handling requests to work flexibly in a reasonable manner, plus guidance that includes some worked examples. You can find these documents on the Acas website and they may be helpful when considering how to make your request. 

Worker

Under what circumstances can my employer refuse my request for flexible working?

Your employer may only turn down a request for flexible working for reasons directly affecting the business.

Worker

I want my grievance heard by an independent manager. Can this be arranged?

To avoid any suggestion of bias or suspicion that your manager has already made up his or her mind about the outcome, your grievance should be heard by a manager who has not been involved in the subject matter of the grievance. Where the grievance is against your line manager, it should ideally be heard by a manager who is both independent and more senior. 

Worker

I have been told I will be made redundant. What are my rights?

Redundancy occurs when your employer no longer needs the same number of employees to do the same job at the same workplace. This may be because of a reduction in work, the closure of a workplace, relocation or a reorganisation. As a result of the need for fewer people the employer dismisses one or more employees. 

Worker

Am I a worker, an employee or self-employed?

This depends on the contractual relationship you have with your employer. The distinction is important because many important rights – such as the right to claim unfair dismissal or to take maternity leave – depend on being an employee. For other rights, such as the right to be paid the National Minimum Wage, you must be a worker. 

Worker

What is an unfair dismissal?

Unfair dismissals are terminations of employment by the employer where the reason for dismissal is not one of the statutory fair reasons or the reason for dismissal was for one of the statutory fair reasons, but the employer acted unreasonably in deciding to dismiss for that reason.

Worker

How can I claim against my employer if I feel that I have been dismissed unfairly?

You should get advice quickly, as tribunal deadlines are short. The first step is to contact Acas.

Worker

I am fed up with how I’m being treated by my employer and am thinking of resigning. What should I do?

If you feel you are being treated unfairly at work you can take out a formal grievance, setting out why you are unhappy with your employer or your working conditions.

What is a constructive dismissal?

A constructive dismissal is where an employee resigns because of some very serious action or failure to act by their employer which causes the employee to reasonably believe that continuation of employment is impossible. 

Worker

What is meant by the term “a fair dismissal”?

In a claim to an employment tribunal, the employer has to show that the reason for the dismissal, or the principal reason if there is more than one, was one of the statutory fair reasons under the Employment Rights Act 1996. 

Worker

I have left my job anyway, but do I have a claim for constructive dismissal?

You would only have grounds to claim constructive dismissal if you resigned because of your employer's behaviour. You have to show that your employer's conduct was so serious that it amounted to a fundamental breach that went to the heart of the employment contract. This can be a one-off act or a series of acts that cumulatively amount to a fundamental breach of contract.

Worker

I have already raised a grievance with my employer. Who can accompany me to the meeting?

You have a legal right to be accompanied to a grievance meeting about your employer's failure to meet its obligations to you, either by a fellow worker or by a trade union official. 

Worker

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