Sus derechos en el trabajo
Every worker and employee in England has a set of fundamental rights from day one of employment. These cover pay, working hours, breaks, holiday, discrimination, and health and safety. Some rights (like unfair dismissal protection) require a qualifying period. This guide covers the most important workplace rights you should know.
Last updated: 2025-03-01
Your Rights
Right to the Minimum Wage
All workers aged 16+ must be paid at least the National Minimum Wage (or National Living Wage if 21+). This includes piece workers, agency workers, and most apprentices.
Right to 5.6 Weeks' Paid Holiday
Full-time employees are entitled to 28 days' paid annual leave (including bank holidays). Part-time workers receive a pro-rata entitlement. This cannot be replaced by extra pay except when leaving employment.
Right to Rest Breaks
If you work more than 6 hours, you're entitled to a 20-minute uninterrupted break. You're also entitled to 11 hours' rest between working days and a 24-hour rest period each week.
Right to Request Flexible Working
All employees with 26 weeks' service can request flexible working (changes to hours, times, or location of work). The employer must deal with the request reasonably and respond within 2 months.
Right Not to Be Discriminated Against
It is unlawful for an employer to discriminate on the basis of age, disability, gender reassignment, marriage/civil partnership, pregnancy, race, religion, sex, or sexual orientation.
Right to a Written Statement of Terms
From day one, your employer must provide you with a written statement of your key employment terms (pay, hours, holiday, notice period, job title).
Right to Whistleblower Protection
If you report wrongdoing in the workplace (a 'qualifying disclosure'), you are protected from dismissal or detriment. Whistleblowers can claim unfair dismissal from day one, with no qualifying period.
Common Myths
Your employer can dock your pay for being late.
Deductions from wages are only lawful if authorised by statute, your contract, or your prior written consent (Employment Rights Act 1996, s.13).
There's no minimum wage for apprentices.
Apprentices under 19 (or in their first year of apprenticeship) have a specific apprentice minimum wage rate. All others get the standard age-based rate.
What To Do
Check Your Contract
Review your written statement of terms. If you haven't received one, request it from your employer — it is a legal right from day one.
Keep Records
Record your working hours, breaks, and any issues. This evidence is vital if you need to raise a grievance or claim.
Raise a Grievance First
If you have a workplace problem, raise a formal grievance with your employer following the ACAS Code of Practice before considering tribunal action.
Seek Free Advice
Contact ACAS (0300 123 1100) for free, confidential employment advice. Citizens Advice and your trade union (if you have one) can also help.
Key Legislation
- Employment Rights Act 1996
- Equality Act 2010
- Working Time Regulations 1998
- National Minimum Wage Act 1998
- Health and Safety at Work Act 1974