UK, Employment Rights Act 1996
What employment rights do I have?
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, a threshold the Employment Rights Bill is set to remove. 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.
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 Bill changes to the 2-year unfair dismissal rule
- 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 under the Employment Rights Bill programme: 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.
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 unfair dismissal and redundancy thresholds are the law in force today; the Employment Rights Bill is expected to change them in phases through 2026–27.
| 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 and some workers earning above the lower earnings limit | Day one of employment (paid after 3 waiting days) |
| Statutory minimum notice | Employees | 1 month |
| Statutory maternity / paternity pay | Employees | 26 weeks by the qualifying week |
| Ordinary unfair dismissal protection | Employees | 2 years (set to change under the Employment Rights Bill) |
| 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 currently requires 2 years' service under ERA 1996 s108; the Employment Rights Bill is expected to remove the qualifying period in phases through 2026-27.
- 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 2026-08-14). 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 unfair dismissal and redundancy thresholds are the law in force today; the Employment Rights Bill is expected to change them in phases through 2026–27.
Need your situation looked at properly?
If you are being dismissed, made redundant, misclassified or denied rights you hold, tell us the situation and we'll introduce you to a specialist employment adviser or solicitor.
Worth knowing
Every figure sourced and dated.
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 and is expected to be removed in phases through 2026-27 under the Employment Rights Bill, check gov.uk for the current position.
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.
Know your band before you act
Two questions, and the rights you hold, with the section of the Act that grants each one.
Embed this tool
<script src="https://employmentrightschecker.co.uk/embed.js" async></script>