UK, Employment Rights Act 1996
What does the Employment Rights Act give you?
Your rights at work depend on two things: your employment status (employee, worker or self-employed) and how long you have worked for your employer. Some rights apply from day one, statutory notice arrives at one month, and unfair dismissal protection and redundancy pay currently need two years, though for unfair dismissal that falls to six months on 1 January 2027 under the Employment Rights Act 2025. Answer two questions to see your band.
Question 1
What is your employment status?
Status is decided by the reality of the relationship, not the label on the contract. If in doubt, pick the closest and read the verdict's status notes.
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What this checks
- Employees, workers and the genuinely self-employed
- Day-one rights: minimum wage, holiday, payslips, discrimination protection
- Rights that arrive at 1 month and at 2 years of service
- The flexible working request, a day-one right since 6 April 2024
- The Employment Rights Act 2025 change: six months, not two years, from 1 January 2027
- Based on the Employment Rights Act 1996, Equality Act 2010 and Working Time Regulations 1998
Employment Rights Checker is an independent information site operated by Ellul Solutions Ltd. It is not affiliated with gov.uk, Acas or any government body, and nothing here is legal advice. Employment law is changing in stages under the Employment Rights Act 2025: this site states the law in force at its updated date and is corrected in place, but always confirm the current position on gov.uk or with an adviser before acting on it.
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UK employment rights by length of service, 2026
Last updated
Which rights apply to employees and workers, and how much continuous service each needs, the same banding the checker applies.
Mapped from the Employment Rights Act 1996, Equality Act 2010, Working Time Regulations 1998 and current gov.uk guidance as at the updated date above. The 2-year thresholds are the law in force today; section 25 of the Employment Rights Act 2025, commenced by S.I. 2026/559, cuts the unfair dismissal qualifying period to six months where the effective date of termination falls on or after 1 January 2027. The 2-year threshold for statutory redundancy pay is unchanged.
| Right | Who holds it | Service needed |
|---|---|---|
| National Minimum Wage | Employees and workers | Day one |
| 5.6 weeks' paid holiday | Employees and workers | Day one |
| Discrimination protection (Equality Act 2010) | Employees, workers, job applicants | Day one |
| Itemised payslip | Employees and workers | Day one |
| Written statement of particulars | Employees and workers | Day one |
| Flexible working request | Employees | Day one (since 6 April 2024) |
| Statutory Sick Pay | Employees | Day one of employment, paid from the first qualifying day since 6 April 2026 |
| Statutory minimum notice | Employees | 1 month |
| Statutory maternity / paternity pay | Employees | 26 weeks by the qualifying week |
| Ordinary unfair dismissal protection | Employees | 2 years, then 6 months from 1 January 2027 |
| Statutory redundancy pay | Employees | 2 years |
- Every UK worker gets 5.6 weeks' paid holiday and the National Minimum Wage from day one, no qualifying service exists for either.
- The right to request flexible working became a day-one right on 6 April 2024 under the Employment Relations (Flexible Working) Act 2023.
- Ordinary unfair dismissal protection requires 2 years' service under ERA 1996 s108 until 1 January 2027, when section 25 of the Employment Rights Act 2025 cuts the qualifying period to six months for dismissals where the effective date of termination falls on or after that date.
- Statutory minimum notice starts at one week after one month's service and rises to one week per year of service, capped at 12 weeks.
Cite this page
“UK employment rights by length of service, 2026”, Employment Rights Checker, https://employmentrightschecker.co.uk/ (updated 2026-08-15). Mapped from the Employment Rights Act 1996, Equality Act 2010, Working Time Regulations 1998 and current gov.uk guidance as at the updated date above. The 2-year thresholds are the law in force today; section 25 of the Employment Rights Act 2025, commenced by S.I. 2026/559, cuts the unfair dismissal qualifying period to six months where the effective date of termination falls on or after 1 January 2027. The 2-year threshold for statutory redundancy pay is unchanged.
Worth knowing
Every figure sourced and dated.
- The unfair dismissal 2 year rule, and when it is changing
Ordinary unfair dismissal protection needs 2 years' service under ERA 1996 s108. The exceptions that apply from day one, and the Employment Rights Act 2025 timetable.
- Worker vs employee: which employment status are you?
Employee, worker or self-employed: UK employment status is decided by the reality of the relationship, not the contract label, and it fixes which rights you hold.
- Holiday entitlement UK: how much paid holiday do you get?
Every UK worker gets 5.6 weeks' statutory paid holiday a year from day one: 28 days for a five-day week, pro-rata for part-time, 12.07% accrual for irregular hours.
The questions we get
What employment rights do I have from day one?
As an employee: the National Minimum Wage, 5.6 weeks' paid holiday pro-rata, an itemised payslip, a written statement of particulars, discrimination protection under the Equality Act 2010, protection from automatically unfair dismissal, and, since 6 April 2024, the right to request flexible working. Workers hold most of the same list except the flexible working request.
What rights do I get after 2 years of employment?
Ordinary unfair dismissal protection and statutory redundancy pay, plus the right to written reasons for dismissal. The 2-year threshold is set by ERA 1996 s108. For unfair dismissal it falls to six months where the effective date of termination is on or after 1 January 2027 (Employment Rights Act 2025 s25, commenced by S.I. 2026/559); the redundancy pay threshold stays at 2 years.
Is the flexible working request a day-one right?
Yes. Since 6 April 2024, under the Employment Relations (Flexible Working) Act 2023 and its regulations, employees can request flexible working from the first day of employment, make two requests a year, and must receive a decision within two months. It is a right to request, not a right to have.
Do zero-hours workers get holiday pay?
Yes. Zero-hours staff are almost always workers, so they accrue 5.6 weeks' equivalent paid holiday, calculated at 12.07% of hours worked each pay period for leave years starting on or after 1 April 2024.
What is the difference between a worker and an employee?
Employees work under a contract of employment with control and mutual obligation, and hold the full set of rights including notice, redundancy pay and (after 2 years) unfair dismissal protection. Workers do work personally with fewer obligations, and hold the core rights: minimum wage, holiday, payslips, discrimination and whistleblowing protection.
How much notice does my employer have to give me?
Statutory minimum notice is one week after one month's service, then one week per complete year of service up to 12 weeks (ERA 1996 s86). Your contract can give more but never less.
Sources
- gov.uk, employment status
- Employment Rights Act 1996, ss1, 86, 94, 108
- gov.uk, holiday entitlement
- gov.uk, National Minimum Wage rates
- gov.uk, flexible working
- Employment Rights Act 2025 (c. 36)
- S.I. 2026/559, commencement of the six-month unfair dismissal qualifying period
- gov.uk, Statutory Sick Pay eligibility
- Acas, dismissals
Know your band before you act
Two questions, and the rights you hold, with the section of the Act that grants each one.
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