Free Rights Guides

Being made redundant is one of the most stressful things that can happen at work. Understanding your rights can make a real difference to the outcome and to what you receive.

Who qualifies for statutory redundancy pay? You must be an employee with at least 2 continuous years of service who has been genuinely made redundant.

How is redundancy pay calculated?

• 1.5 weeks pay per year of service aged 41 and over
• 1 week pay per year of service aged 22 to 40
• Half a week pay per year of service under 22

Your employer must consult you before making you redundant and give you a minimum notice period of 1 week per year of service, up to 12 weeks maximum.

Unfair dismissal occurs when your employer dismisses you without a fair reason or without following a fair procedure. You currently need 2 years of continuous service to claim — this reduces to 6 months from January 2027.

Fair reasons for dismissal include capability, conduct, redundancy or some other substantial reason. Even with a fair reason the procedure must be fair — including investigation, written notice, a disciplinary hearing, right to be accompanied and right of appeal.

Since April 2026, Statutory Sick Pay has been payable from Day 1 of illness — the previous 3-day waiting period has been abolished. SSP is currently £123.25 per week for up to 28 weeks.

If your contract offers enhanced sick pay your employer must honour it. If you have a disability your employer has a duty to make reasonable adjustments under the Equality Act 2010.

The Employment Rights Act 2025 is the biggest overhaul of UK employment law in a generation. Key changes already in force from April 2026 include SSP from Day 1, right to request flexible working from Day 1, and the establishment of the Fair Work Agency.

From January 2027, the unfair dismissal qualifying period reduces to 6 months and the compensation cap is abolished entirely.

All workers are entitled to 5.6 weeks of paid annual leave under the Working Time Regulations 1998. For a full-time worker working 5 days a week this equals 28 days. Part-time workers are entitled to 5.6 weeks pro-rated to their working pattern.

A common employer mistake is paying holiday pay at basic salary only. Following a series of Employment Tribunal and Supreme Court decisions, holiday pay must reflect your normal remuneration — including regular overtime, commission, and other regular allowances. If you regularly work overtime that is genuinely required and not truly voluntary, it must be included in your holiday pay calculation.

If you believe your holiday pay has been underpaid you can bring a claim to the Employment Tribunal for unlawful deductions from wages within 3 months of the underpayment. You can claim for underpayments going back up to 2 years.

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Dismissing an employee incorrectly is one of the most expensive mistakes a small business can make. Even where you have a fair reason you must follow a fair procedure.

The fair dismissal procedure requires:

• A reasonable investigation before taking action
• Written notification of the allegations
• A disciplinary hearing where the employee can respond
• The right to be accompanied by a colleague or trade union representative
• A written decision with the right to appeal

Making someone redundant without following the correct process exposes you to significant tribunal risk. The process must be genuine, fair and properly documented.

• Consult with affected employees before any decision is made
• Use fair and objective selection criteria if choosing between employees
• Consider suitable alternative roles before dismissing
• Pay the correct statutory redundancy pay and notice
• For 20 or more redundancies follow collective consultation rules

You cannot simply change an employee's contract without their agreement. The correct approach is to consult with affected employees, explain the business reasons, seek agreement, and give proper notice of any changes.

If agreement cannot be reached you may need to terminate and offer re-engagement on new terms — which itself carries dismissal risks if not handled correctly.

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Employment status is one of the most important and most misunderstood areas of UK employment law. Your status determines your rights, your tax obligations and what your client owes you.

The three employment statuses:

• Employee — works under a contract of employment, has full rights including unfair dismissal protection, statutory redundancy pay and sick pay.
• Worker — broader category including many gig economy workers. Entitled to National Minimum Wage, holiday pay and protection from unlawful deductions.
• Self employed — fewest statutory rights. Responsible for own tax. No entitlement to holiday pay or sick pay from the client.

IR35 determines whether a contractor working through a limited company should be taxed as an employee. If your contract falls inside IR35 you pay broadly the same tax as an employee but without the employment rights.

Key factors HMRC considers:

• Substitution — can you send someone else to do the work in your place?
• Control — does the client control how, when and where you work?
• Mutuality of obligation — is the client obliged to offer work and are you obliged to accept it?

If you are self employed you are responsible for reporting your income and paying your own tax and National Insurance through Self Assessment.

• Register with HMRC as self employed by 5 October in your second year of trading
• Complete a Self Assessment tax return each year by 31 January
• Pay Income Tax on profits above the Personal Allowance of £12,570 in 2026
• Pay Class 2 and Class 4 National Insurance contributions
• Register for VAT if your turnover exceeds £90,000

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Every worker in the UK has the right to join a trade union of their choice. This right is protected by the Trade Union and Labour Relations (Consolidation) Act 1992 (TULRCA). Your employer cannot prevent you from joining, penalise you for joining, or offer you inducements not to join.

If your employer subjects you to any detriment — such as worse shifts, exclusion from meetings, or blocking promotion — because of your union membership or activities, this is unlawful under section 146 of TULRCA. You can bring a claim in the Employment Tribunal with no qualifying period.

Dismissal for joining a union or taking part in union activities is automatically unfair under section 152 of TULRCA, regardless of how long you have worked for the employer.

Recognition means your employer formally acknowledges the union for collective bargaining on pay, hours and holidays. Recognition can be voluntary (by agreement) or statutory (ordered by the Central Arbitration Committee).

For statutory recognition, at least 10% of the workers in the bargaining unit must be union members and a majority must be likely to support recognition. If your employer refuses voluntary recognition, you can apply to the CAC.

Once recognised, the union has the right to be consulted on collective redundancies, TUPE transfers and other major changes. Members also have the right to paid time off for union activities and union representatives have the right to paid facility time.

Under section 10 of the Employment Relations Act 1999, all workers have the statutory right to be accompanied at a disciplinary or grievance hearing by a trade union official or a fellow worker. This right applies even if your employer does not recognise a union.

You must make a reasonable request to be accompanied. If your chosen companion cannot attend on the proposed date, you have the right to postpone the hearing by up to 5 working days. Your employer cannot refuse a reasonable request to be accompanied — doing so is unlawful and you can bring a tribunal claim.

Your companion can address the hearing, sum up your case, respond on your behalf and confer with you, but they cannot answer questions on your behalf unless the employer agrees.

All pregnant employees are entitled to up to 52 weeks of statutory maternity leave (26 weeks ordinary and 26 weeks additional), regardless of how long they have worked for their employer. You must tell your employer you are pregnant at least 15 weeks before your due date.

Statutory Maternity Pay (SMP) is paid for up to 39 weeks if you have been employed for at least 26 weeks by the end of the 15th week before your due date and earn at least the Lower Earnings Limit. SMP is paid at 90% of average weekly earnings for the first 6 weeks, then £194.32 per week (or 90% of earnings if lower) for the remaining 33 weeks.

You have enhanced protection from dismissal and redundancy during pregnancy and maternity leave. If your role is made redundant during maternity leave, you must be offered any suitable alternative vacancy before other employees. Dismissal connected to pregnancy or maternity is automatically unfair and is also unlawful discrimination under the Equality Act 2010.

Eligible employees can take 1 or 2 weeks of statutory paternity leave following the birth or adoption of a child. To qualify you must have worked for your employer for at least 26 weeks by the end of the 15th week before the due date.

Statutory Paternity Pay is paid at £194.32 per week or 90% of average weekly earnings, whichever is lower. Leave can be taken as one or two separate weeks, at any point within the first 52 weeks after the birth or placement (this was previously a stricter 56-day, single-block rule, which changed in 2024).

You must give your employer at least 15 weeks notice before the due date. You are protected from detriment or dismissal for taking paternity leave.

Shared Parental Leave (SPL) allows eligible parents to share up to 50 weeks of leave and up to 37 weeks of Shared Parental Pay following the birth or adoption of a child. The mother or primary adopter must first curtail their maternity or adoption leave.

Both parents must meet qualifying conditions (26 weeks employment and earning above the Lower Earnings Limit). SPL can be taken in up to 3 separate blocks and both parents can be on leave at the same time.

Shared Parental Pay is paid at £194.32 per week or 90% of average earnings, whichever is lower, for eligible weeks. You must give your employer 8 weeks notice of your intention to take SPL.

The Carers Leave Act 2023 introduced a statutory right to up to 5 days of unpaid carers leave per year. This right applies from your first day of employment — there is no qualifying period.

You can take carers leave if you are providing or arranging care for a dependant with a long-term care need — this includes a disability, illness, mental health condition, addiction, or old age. A dependant can be a spouse, civil partner, child, parent, or someone who lives in the same household.

You must give your employer notice of at least twice the number of days you want to take (or 3 days, whichever is greater). Your employer cannot refuse carers leave, though they may postpone it for up to one month if it would unduly disrupt the business.

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Universal Credit is the main benefit for people of working age who are on a low income or out of work. It replaces six older benefits including Jobseeker's Allowance, Housing Benefit and Tax Credits.

Who can claim? You must be aged 18 or over, under State Pension age, living in the UK, and have less than £16,000 in savings.

New Style JSA is a separate benefit from Universal Credit. You may be able to claim it if you have paid enough National Insurance contributions in the last 2 to 3 tax years. It is paid for up to 182 days and can be claimed alongside Universal Credit.

Losing your job can cause immediate financial pressure. Several sources of help are available beyond benefits.

• Contact your lender immediately — most mortgage lenders offer payment holidays if you lose your job. Contact them before missing payments.
• StepChange — free debt advice charity. Call 0800 138 1111 or visit stepchange.org
• Citizens Advice — free advice on benefits, debt and housing. Visit citizensadvice.org.uk or call 0808 223 1133
• Council Tax Reduction — if your income has fallen you may qualify. Contact your local council.
• The Trussell Trust — food banks across the UK. Visit trusselltrust.org to find your nearest one.

Child Benefit is a tax-free payment for people responsible for bringing up a child under 16, or under 20 if they stay in approved education or training.

Pension Credit is one of the most unclaimed benefits in the UK — around 1 in 3 eligible pensioners do not claim it. It tops up your weekly income if you are over State Pension age and on a low income.

Attendance Allowance is a tax-free benefit for people aged 67 or over who have a physical or mental disability and need someone to help look after them.

If you spend at least 35 hours a week caring for someone who receives certain disability benefits, you may be entitled to Carer's Allowance and other support.

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PIP helps with extra costs if you have a long-term physical or mental health condition or disability. It is not means tested — your income and savings do not affect your entitlement.

If you cannot work due to illness or disability you may be entitled to Employment Support Allowance or the Limited Capability for Work element of Universal Credit.

Both require a Work Capability Assessment. The assessment considers your ability to carry out work-related activities. Always describe your worst days — not your best.

Under the Equality Act 2010, your employer has a legal duty to make reasonable adjustments to remove disadvantages caused by your disability.

Examples of reasonable adjustments include: working from home, flexible hours, specialist equipment, amended targets, or a change of role or location. Your employer can only refuse if the adjustment is genuinely not reasonable for the business.

The Armed Forces Compensation Scheme (AFCS) provides compensation for injuries, illnesses or death caused by service in the UK armed forces on or after 6 April 2005.

There is no time limit for making a claim while you are still serving. After leaving service you have 7 years to claim, though late claims may be accepted in exceptional circumstances.

Armed Forces pension entitlements depend on which scheme you were a member of — AFPS 75, AFPS 05, or AFPS 15. Most serving personnel are now in AFPS 15, a career average scheme.

War pensions are also available for those who were injured or became ill due to service before 6 April 2005, and for dependants of those who died in service.

Veterans have a range of support available when returning to civilian employment. The Career Transition Partnership (CTP) provides free employment support for service leavers.

Local councils also have a statutory duty to give additional preference to veterans with urgent housing need. If you are struggling with housing as a veteran, contact your local council and state your veteran status.

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