Employment status
Start with your legal status:
| Status | Test | Full rights? |
|---|---|---|
| Employee | Contract of employment; mutual obligation; personal service; integrated into business | Yes - full statutory rights |
| Worker | Contract to provide work personally; not customer/client | Some - minimum wage, holiday, discrimination |
| Self-employed | Genuinely in business on own account | Very limited |
Contract label is not decisive - tribunals look at the actual working pattern. See agency worker rights, zero hours contract rights, fixed-term contract notice.
Day-one rights (all employees)
- National Minimum Wage / National Living Wage.
- Statutory paid holiday (5.6 weeks pro-rated).
- Statutory Sick Pay (if earnings threshold met).
- Rest breaks and working time protections.
- Discrimination protection (Equality Act 2010).
- Whistleblowing protection (Public Interest Disclosure Act 1998).
- Flexible working request (statutory day-one right since April 2024).
- Pregnancy and maternity protection.
- Trade union membership.
Rights that need service
| Right | Service required |
|---|---|
| Written statement of employment particulars | Day one (extended from 2 months in April 2020) |
| Statutory notice pay | 1 month |
| Statutory Maternity Pay | 26 weeks by qualifying week |
| Statutory Paternity Pay | 26 weeks by qualifying week |
| Ordinary unfair dismissal protection | 2 years |
| Statutory redundancy pay | 2 years |
| Right to request permanent contract (fixed-term) | 4 years successive fixed-term |
Automatic-unfair categories (no service needed)
These dismissals are automatically unfair from day one:
- Pregnancy, childbirth or maternity-related.
- Whistleblowing.
- Asserting a statutory right (minimum wage, working time).
- Trade union membership or activities.
- TUPE transfer (except ETO reasons).
- Health and safety concerns raised.
- Flexible working request.
- Jury service.
- Part-time worker or fixed-term status.
Notice period rights
Statutory floor under section 86 ERA 1996:
- Employee to employer: 1 week from 1 month of service.
- Employer to employee: 1 week per year of service after month 1, capped at 12 weeks.
Contractual notice usually longer. Longer of the two applies. Use the notice period calculator.
Sector-specific rights
- NHS - Agenda for Change plus doctor/consultant contracts. See NHS employment rights.
- Teachers - STPCD with three resignation dates. See teacher resignation dates.
- Civil service - grade-specific notice. See civil service notice period.
- Police - Regulation 12A. See police officer notice period.
- Fire service - Grey Book. See fire service notice period.
- Armed forces - JSP 760 PVR. See armed forces voluntary release.
Redundancy rights
Statutory redundancy pay requires 2 years continuous service. Consultation is required for all redundancies (individual) and enhanced for 20+ (collective). See redundancy rights UK, statutory redundancy pay guide, and the redundancy calculator.
Dismissal protection
Ordinary unfair dismissal requires 2 years service. Automatic-unfair categories protect from day one. Constructive dismissal claims run in the tribunal within 3 months less one day. See unfair dismissal UK and constructive dismissal UK.
Family leave
- Maternity leave - 52 weeks statutory, day-one right. See maternity leave UK.
- Paternity leave - 2 weeks statutory, 26 weeks service required.
- Shared parental leave - up to 50 weeks shareable, 26 weeks service required.
- Adoption leave - similar to maternity.
- Parental leave - 18 weeks unpaid per child.
- Bereavement leave - 2 weeks statutory for a deceased child under 18.
Tribunal remedies
Most workplace disputes end in the employment tribunal. Time limits are strict (usually 3 months less one day). ACAS Early Conciliation is compulsory first. See employment tribunal UK.
Useful calculators
- Notice period calculator
- Final working day calculator
- PILON calculator
- Redundancy pay calculator
- Holiday entitlement calculator
Related guides
- Employment rights hub
- Notice period rights UK
- Redundancy rights UK
- Unfair dismissal UK
- Employment tribunal UK
Authority pages
Frequently asked questions
- What rights do I have on day one?
- Minimum wage, statutory paid holiday, SSP (if earnings threshold met), rest breaks, discrimination protection, whistleblowing, flexible working request, pregnancy protection, and trade union membership. Some rights need service (2 years for unfair dismissal and redundancy pay).
- How do I know if I am an employee, worker or self-employed?
- Tribunals apply a multi-factor test: contract terms, mutual obligation, personal service, integration into the business, control by the employer, tax status. Contract label is not decisive - the actual working pattern is what matters.
- When do I get unfair dismissal protection?
- Ordinary unfair dismissal requires 2 years continuous service at the effective date of termination. Automatic-unfair categories (pregnancy, whistleblowing, discrimination, asserting statutory rights) protect from day one.
- How much statutory notice do I get?
- Employer to employee: 1 week per year of service after the first month, capped at 12 weeks after 12 years. Employee to employer: 1 week from 1 month of service. Contractual notice is usually longer and applies as the higher of the two.
- What if my rights are being breached?
- Raise a grievance in writing, seek advice from ACAS (free) or an employment-law solicitor, and consider a tribunal claim within the 3-month time limit. ACAS Early Conciliation is compulsory before tribunal for most claims.
Sources and further reading
- Employment Rights Act 1996, section 86 — Statutory minimum notice.
- Equality Act 2010 — Discrimination protection.
- Working Time Regulations 1998 — Holiday and working time.
- Public Interest Disclosure Act 1998 — Whistleblowing protection.
- ACAS — Free, impartial UK employment advice.
General information about UK employment law, not legal advice. For your situation, contact ACAS or an employment-law solicitor.