In the UK, employment laws regulate the employer-employee relationship to promote fair treatment, safe working conditions, and prohibit discrimination. These laws originate from several sources, including Acts of Parliament, case law and European Union (EU) regulations (initially in the UK and still affecting UK law post Brexit).

This guide explores the key aspects of employment laws in the UK, employees’ rights, employers responsibility and legal obligations of the businesses.

Employment Contracts and Agreements

Types of Employment Contracts

There are various types of contracts that are recognized in UK employment law:

• Permanent contracts – Full- or part-time work permanently.
• Fixed-term contracts – Work with an ending period, up until a certain date.
• Zero-hour contracts – No assured hours; employees work when needed.
• Work agency or casual — Work in an agency or on a casual basis.

Key Characteristics of an Employment Contract

• Job title and description — Describes the employees role and responsibilities.
• Salary and pay schedule – Details on wages, bonuses, and how often employees are paid.
• Hours of work – outline normal hours of work and any overtime arrangements.
• Notice period – Tells what time needed for either party to terminate the contract.
• Probationary period – If relevant, the time when new hires are evaluated.

Statement of Employment Particulars: Employers are required to provide a written statement of certain terms and conditions of employment to employee within two months of starting work.

Working Hours and Rest Breaks

The Working Time (Amendment) Regulations 1998

British law restricts the number of hours an employee can work each week, and requires rest breaks, in order to shield workers from overexertion.

• 36AUD maximum working hours — Employers are not permitted to work more than 48 hours per week (if the employees voluntarily opt out).
• Rest Breaks – Workers working longer than 6 hours must have a 20-minute break.
• Daily Rest — At least 11 hours’ rest between working days.
• Weekly Rest — At least one full day off per week
• Night Workers – May not work more than 8 hours in any 24 hour period.

Applicable exemptions are dependent on sectoral regulations (e.g., healthcare, transport, and emergency services).

Minimum Wage and Salary Law

Employers are required to pay no less than the statutory minimum wage, which differs according to age and type of employment.

2024 Rates (other years subject to change annually.)

• Apprentices: £5.28 per hour
• Under 18s: £5.28 per hour
• 18-20: £7.49 per hour
• 21-22 years old: £10.18 an hour
• 23 and over (National Living Wage): £11.44 per hour

Employers who fail to pay the minimum wage may face fines and legal action.

Holiday Entitlement and Leave

Statutory Annual Leave

• Employees earn 5.6 weeks (28 days) per annum of paid holiday (including bank holidays).
• Part-time employees have a pro-rata entitlement to the leave based on their hours worked.

Maternity Leave Paternity and Parental Leave

• Maternity leave: Up to 52 weeks (39 weeks paid)
• Paternity Leave: Paid Leave Up to 2 Weeks
• Shared Parental Leave (SPL): Parents can share a total of up to 50 weeks of leave.
• Adoption Leave: The equivalent of maternity leave for those with adoptive parents.

Statutory Sick Pay (SSP) and Sick Leave

Those who are too ill to work can claim SSP (£109.40 a week for up to 28 weeks).

Some employers provide sick pay policies above and beyond the statutory minimum.

Other Leave Entitlements

• Compassionate leave — Leave for mourning or personal emergencies.
• Unpaid leave – Employees can take leave without pay for a personal reason.

Workplace Health and Safety

Section 2 of the Health and Safety at Work Act 1974

• Employers are legally required to provide a safe work environment.
• The primary obligations of the employer:
• Conducting risk assessments.
• Issuing personal protective equipment (PPE) as appropriate.
• Making certain that employees have health and safety training.
• Notifying the Health and Safety Executive (HSE) of serious injuries and hazards.
• Employees have responsibilities as well, they include following safety procedures and reporting hazards.

Discrimination and Equal Opportunities

The Equality Act 2010

This law protects against discrimination based on protected characteristics, such as:

• Age
• Disability
• Gender reassignment
• Civil partnership and marriage
• Pregnancy and maternity
• Race
• Religion or belief
• Sex
• Sexual orientation

Types of Discrimination

• Direct discrimination – Treating someone less favourably than another person because of a protected characteristic.
• Indirect discrimination – Policies or practices that disproportionately disadvantage certain groups.
• Harassment – Unsolicited behaviour that is pervasive and creates a hostile work environment.
• Victimization – Punishing an employee for making a complaint about discrimination.

Anti-discrimination policies and equal treatment for all employees must be enacted by the employers.

The Right To Redundancy And Dismissal

Redundancy Rights

• Employees with above two years of service are entitled to statutory redundancy pay.
• Any redundancy process an employer follows should be fair and include notice periods and consultation.
• If possible, alternative employment alternatives should be provided.

Unfair Dismissal

• After two years of service, employees can sue for unfair dismissal if dismissed without a good reason.
• It is unlawful to dismiss for reasons of discrimination, whistleblowing or for asserting statutory rights regardless of length of service.

Grievance and Disciplinary Procedures

Handling Workplace Disputes

Employers are required to adhere to the ACAS Code of Practice with regard to grievances and disciplinary issues.

Key Steps:

• Grievance Procedure — Employees should bring issues forward formerly with management.
• Businesses are required to have a fair investigation before taking any action.
• Appeal Procedure – Employees are entitled to appeal disciplinary actions.

These procedures need to be followed or there may be claims to employment tribunals.

Whistleblowing Protection

The Act protects employees who have reported workplace wrongdoing, for example:

• Fraud
• Health and safety violations
• Discrimination
• Illegal activities

The law protects whistleblowers from retaliation by their employers and grants those who are being subjected to unfair treatment the opportunity to recover damages.

Immigration and Right to Work Laws

Employers need to check that all workers are legally entitled to work in the UK.

• Work Visas – Foreign employees might need a Skilled Worker Visa or alternative visas.
• Right to Work Checks – Employers are required to check ID documents (e.g., passports, residence permits).
• Penalties Hiring illegal workers may incur fines of up to £20,000 per worker.

Enhancing Workplace Compliance with UK Employment Laws

These laws are designed to protect not only the employee but also the employer by ensuring safe and fair working conditions and legal compliance. As an employee hoping to know your rights and as an employer looking for your workplace policies, there is no escaping the need to stay up to date with UK labour laws. If you have employment problems join Employment Law Training for HR Professionals Course offered at London Premium Hub for Training and Development and understand the rights and responsibilities of the employees.