What is the Right to Work?
The right to work in the UK means having legal permission to take up paid employment. Under UK law, you must have the correct immigration status or specific permission granted by the government before you can work. This applies to everyone, whether you are a British citizen, an EU national, or from outside the UK.
For UK nationals and those with settled status, the right to work is automatic. However, for most people from outside the UK, you need to hold a valid visa or immigration permission that allows you to work. For example, a Skilled Worker visa, a Student visa with work conditions, or Indefinite Leave to Remain can all confer the right to work, but the rules and restrictions may differ. The Immigration, Asylum and Nationality Act 2006 makes it a legal requirement for employers to check that every employee has the right to work before they start a job.
The right to work protects both employees and employers. For employees, it ensures you are working legally and can access employment rights, such as the National Minimum Wage, protection against unfair dismissal, and safe working conditions. For employers, carrying out proper right to work checks helps avoid serious penalties. Employing someone who does not have the right to work can lead to fines of up to £20,000 per illegal worker, and in some cases, criminal prosecution.
Proof of the right to work is usually shown through documents such as a UK passport, a biometric residence permit, or an online Home Office share code for those with digital status. Employers must check these documents before employment begins and keep records of the checks. The government provides a [statutory list of acceptable documents](https://www.gov.uk/government/publications/right-to-work-checks-employers-guide/right-to-work-checks-employers-guide-accessible-version) and guidance on how to carry out checks correctly.
What if my right to work status changes? If your immigration status changes, your right to work may also change. It is your responsibility to inform your employer and provide updated documents if your visa is renewed or your status changes.
Can I start work while waiting for a visa decision? Generally, you cannot start work until you have received confirmation of your right to work. There are some exceptions, but always check with your employer and seek legal advice if you are unsure.
What happens if I work without permission? Working without the legal right to do so can result in losing your job, being refused future visas, or even removal from the UK.
Understanding the right to work is an essential part of both finding a job and hiring staff in the UK. For a broader understanding of the rules and responsibilities that apply to both employers and employees, see our employment law overview.
Who Needs the Right to Work?
In the UK, anyone who wants to take up paid employment must have the legal right to work. This requirement applies to all individuals, regardless of the type of job, the sector, or whether the work is full-time, part-time, temporary, or permanent. Employers are legally obliged to check that every employee has this right before they start work, as set out in the Immigration, Asylum and Nationality Act 2006.
British citizens automatically have the right to work in the UK. This includes people born in the UK who hold a British passport, as well as those who have acquired British citizenship through naturalisation or registration. Employers will usually check a valid British passport as proof.
Citizens of Ireland also have an automatic right to live and work in the UK. This is protected by the Common Travel Area (CTA) arrangement between the UK and Ireland, and does not require any additional visa or permit.
Since 1 January 2021, following Brexit, most EU, EEA, and Swiss citizens no longer have an automatic right to work in the UK. Those who were living in the UK before 31 December 2020 could apply for the EU Settlement Scheme. If granted settled status (permanent residency) or pre-settled status (temporary residency), they retain the right to work.
EU, EEA, and Swiss nationals arriving in the UK from 1 January 2021 onwards generally need to obtain a visa under the UK’s points-based immigration system to have the right to work.
Non-UK nationals—including those from outside the EU, EEA, or Switzerland—must have valid immigration status that allows them to work. This is typically granted through one of the following:
Work visas: Such as the Skilled Worker Visa, Health and Care Worker Visa, or Temporary Worker Visa. Each visa type has specific eligibility criteria and conditions.
Family visas: Some family members of UK residents or citizens may have the right to work, depending on their visa conditions.
Student visas: Students can work in the UK, but there are restrictions on the type and amount of work they can do, as detailed by their visa.
Other statuses: This includes those with Indefinite Leave to Remain (ILR), refugee status, humanitarian protection, or discretionary leave to remain, all of whom are generally permitted to work.
Employers must carry out a right to work check before employment begins. This usually involves checking original documents (such as a passport, biometric residence permit, or share code for online checks) and keeping a record. Failing to do so can result in significant penalties for employers, including fines and possible criminal charges.
Yes, the legal requirement to have the right to work applies to every job in the UK. This includes casual work, internships, apprenticeships, zero-hours contracts, seasonal work, and voluntary roles where payment is involved. It makes no difference whether the employer is a large corporation, a small business, or a private individual.
Do volunteers need the right to work? If the role is unpaid and genuinely voluntary, the right to work check may not be required. However, if any form of payment or reward is involved, the individual must have the right to work.
What if my immigration status changes? If your visa or status expires or changes, your right to work may also change. It is your responsibility to ensure your right to work remains valid, and employers must carry out follow-up checks if you have time-limited permission.
What happens if someone works without the right to work? Working without the legal right to work is a criminal offence and can lead to dismissal, removal from the UK, and difficulties with future immigration applications. Employers can also face heavy penalties.
Understanding who needs the right to work is essential for both individuals and employers to stay compliant with UK law and avoid serious consequences. Always check your immigration status and ensure you have the correct permissions before starting any kind of paid employment.
Employer Responsibilities for Right to Work Checks
Employers in the UK have a legal duty to prevent illegal working by carrying out right to work checks on all prospective employees. This requirement is set out in the Immigration, Asylum and Nationality Act 2006. Failing to conduct these checks properly can lead to significant penalties, including fines and, in serious cases, criminal prosecution.
Before employing anyone, employers must confirm that the individual has the legal right to work in the UK. This applies to all employees, regardless of nationality, including British citizens. The check must be completed before the person starts work.
Employers can verify the right to work by checking certain original documents. Common examples include:
A valid British or Irish passport
A biometric residence permit (BRP)
A biometric residence card
A share code from the Home Office online right to work service (for those who have digital immigration status)
A birth or adoption certificate issued in the UK or Ireland, along with an official document containing the person’s National Insurance number
The Home Office provides detailed lists of acceptable documents, divided into List A (permanent right to work) and List B (temporary right to work).
To comply with the law, employers must follow a three-step process:
Obtain: Request original documents from the candidate.
Check: Examine the documents in the presence of the individual. Ensure they are genuine, relate to the person, and allow them to do the work on offer. For online checks, use the Home Office’s online service and check the photo matches the candidate.
Copy and Record: Make a clear copy of the documents (or the online check result), clearly noting the date the check was made. Keep these records securely for at least two years after employment ends.
It is important to check that:
Photos and personal details are consistent across documents
Expiry dates have not passed
Any work restrictions are understood and followed
Employers must carry out checks on all potential employees, not just those they believe may be subject to immigration control. This helps avoid unlawful discrimination under the Equality Act 2010.
If an employer hires someone who does not have the right to work, and checks were not carried out correctly, they can face a civil penalty of up to £20,000 per illegal worker. In cases of knowingly employing someone illegally, criminal prosecution is possible, which can result in unlimited fines and imprisonment.
Maintaining accurate records of all right to work checks is essential. Employers should store copies of documents or online check results securely and ensure they are retrievable if requested by the Home Office. Good record-keeping provides a statutory excuse against liability if an employee is later found to be working illegally.
By following these steps and keeping thorough records, employers can meet their legal obligations and protect their business from costly penalties.
Consequences of Failing to Conduct Checks
Employers in the UK have a legal obligation to ensure that every employee has the right to work before they start employment. Failing to carry out these checks properly can lead to serious consequences under the Immigration, Asylum and Nationality Act 2006 and related Home Office guidance.
If an employer is found to have employed someone who does not have the right to work in the UK, they can face a civil penalty of up to £45,000 per illegal worker for a first breach, and up to £60,000 for subsequent breaches. The exact amount depends on factors such as the employer’s history of compliance and whether the correct checks were attempted. These fines are imposed even if the employer was unaware of the employee’s immigration status, unless they can prove that they carried out the prescribed right to work checks.
In more severe cases, employers may face criminal prosecution. It is a criminal offence to knowingly employ someone who does not have the right to work in the UK. If convicted, the employer could face an unlimited fine and/or up to five years in prison. This applies to individuals within the business who are responsible for recruitment and compliance.
Beyond financial penalties and criminal prosecution, failing to conduct right to work checks can have further negative consequences for a business:
Loss of Sponsor Licence: If your business holds a sponsor licence to employ overseas workers, you may lose this licence, affecting your ability to hire international talent in the future.
Reputational Damage: Being found in breach of right to work laws can damage your business reputation, leading to loss of trust among clients, partners, and the public.
Disqualification of Directors: Company directors found responsible may be disqualified from acting as a director for a period of time.
Disruption to Business Operations: Investigations by the Home Office can disrupt day-to-day operations, and the business may be subject to further scrutiny in the future.
To avoid these consequences, employers should:
Always conduct right to work checks before employment begins.
Keep clear and accurate records of all checks carried out.
Follow the latest Home Office guidance on acceptable documents and procedures.
Conduct follow-up checks for employees with time-limited permission to work.
By taking these steps, employers can establish a statutory excuse and protect their business from significant legal and financial risks.
How Individuals Can Prove Their Right to Work
Proving your right to work in the UK is a key step before starting employment. Both British citizens and non-British nationals must provide evidence to show they are legally allowed to work. Employers are required by law—specifically, under the Immigration, Asylum and Nationality Act 2006—to check this evidence before you begin your job. Failing to provide the correct documents can result in delays or even loss of a job offer, so it’s important to understand what is needed and how to provide it.
The Home Office has set out a list of acceptable documents that individuals can use to prove their right to work. These are divided into two main groups:
List A – Documents that show a permanent right to work, such as:
A valid British or Irish passport
A passport or national identity card showing you are a citizen of the UK or Ireland
A birth or adoption certificate issued in the UK, along with an official document showing your National Insurance number and your name (such as a P45, P60, or a letter from a government agency)
A certificate of registration or naturalisation as a British citizen
List B – Documents that show a temporary right to work, such as:
A current passport endorsed with a visa or stamp showing you have permission to stay and work in the UK
A Biometric Residence Permit (BRP) or Biometric Residence Card (BRC) issued by the Home Office
A share code from the Home Office online checking service (see below)
Employers must see the original documents (not copies) in most cases, and check that the photo matches your appearance and that the details are consistent.
For many people, especially those with immigration status under the EU Settlement Scheme, a biometric residence permit, or a visa, the Home Office online right to work checking service offers a secure and convenient way to prove your right to work.
Here’s how it works:
You access the service and generate a ‘share code’ that is valid for 30 days.
You give this share code and your date of birth to your prospective employer.
The employer uses the code to view your right to work status online, including any restrictions on the type of work you can do or how long you can work in the UK.
This online check is now the standard method for most non-British nationals and is often faster and more reliable than paper documents. It also ensures that employers are seeing the most up-to-date information about your immigration status.
If you do not have the required documents, do not panic—there may still be options available:
If your documents are with the Home Office: If you have an outstanding application or appeal with the Home Office, you can ask your employer to use the Employer Checking Service. The employer will need your Home Office reference number and your date of birth to request confirmation of your right to work.
If your documents have been lost or stolen: You should report this to the police and apply for replacements as soon as possible. In the meantime, your employer may be able to carry out a check with the Home Office, depending on your situation.
If you have a digital status: For those with digital proof of status, such as under the EU Settlement Scheme or a points-based visa, you do not need to provide physical documents—just the share code for the online check.
It’s important to act quickly if you cannot provide the usual documents. Delays in proving your right to work can hold up job offers or even result in the withdrawal of employment. If you are unsure about your status or what documents you need, seek advice as soon as possible.
Always check which documents are currently accepted by employers before your job interview.
Make sure your documents are valid and up to date.
If you are providing a share code, check it is still valid before giving it to your employer.
Keep copies of any correspondence with the Home Office regarding your immigration status.
By understanding the requirements and preparing your documents in advance, you can help ensure a smooth start to your new job in the UK.
Related Employment Topics to Know
Understanding your right to work in the UK is just one part of a wider set of employment rights and responsibilities. Whether you are starting a new job or hiring employees, it’s important to be aware of related legal topics that can affect your working life. Here are some key areas you may wish to explore in more detail:
1. Employment Contracts An employment contract sets out the terms and conditions agreed between an employer and employee. It covers aspects such as pay, working hours, holiday entitlement, and notice periods. By law, most employees must receive a written statement of employment particulars within two months of starting work, as outlined in the Employment Rights Act 1996. Understanding your contract helps ensure both parties know their rights and obligations from the outset.
2. National Minimum Wage and National Living Wage UK law sets minimum pay rates that employers must provide to their workers, depending on age and employment status. The National Minimum Wage applies to workers under 23, while the National Living Wage is for those aged 23 and over. Employers who fail to pay at least the minimum rates are breaking the law and can face penalties. Regular updates to wage rates are published by the government, so checking the latest figures is important.
3. Working Hours and Rest Breaks The Working Time Regulations 1998 govern maximum weekly working hours, rest breaks, and paid annual leave. Most workers should not work more than 48 hours per week unless they choose to opt out. Employees are also entitled to daily and weekly rest periods, as well as a minimum of 5.6 weeks’ paid holiday each year. Knowing your entitlements helps maintain a healthy work-life balance.
4. Discrimination and Equal Opportunities The Equality Act 2010 protects individuals from discrimination based on characteristics such as age, race, gender, disability, religion, or sexual orientation. This law covers all stages of employment, from recruitment to dismissal. Employers must ensure their practices are fair and provide equal opportunities for everyone. If you believe you have been treated unfairly, you may have grounds to make a complaint or seek legal advice.
5. Dismissal and Redundancy Rights If your employment ends, you have certain rights depending on the circumstances. Unfair dismissal laws protect employees from being sacked without a valid reason or without following proper procedures. In cases of redundancy, employees are entitled to notice periods, consultation, and, in some cases, redundancy pay, as set out in the Employment Rights Act 1996. Understanding these rights can help you navigate difficult situations with confidence.
6. Statutory Sick Pay and Family Leave Employees who are unable to work due to illness may be entitled to Statutory Sick Pay (SSP), provided they meet certain eligibility criteria. The UK also offers statutory rights to maternity, paternity, adoption, and shared parental leave, allowing employees to take time off for family reasons without fear of losing their job. These provisions are designed to support workers during significant life events.
7. Health and Safety at Work Employers have a legal duty under the Health and Safety at Work etc. Act 1974 to provide a safe working environment. This includes assessing risks, providing appropriate training, and ensuring safe systems of work. Employees also have responsibilities to follow safety procedures and report hazards. A strong focus on health and safety helps prevent accidents and protects everyone in the workplace.
By understanding these related employment topics, you can better protect your rights and fulfil your responsibilities at work. If you need more detailed guidance on any of these areas, consider seeking advice from an employment law specialist or a trusted advisory service.
Disciplinary Meetings
Disciplinary meetings are formal discussions held by employers to address concerns about an employee’s conduct or performance at work. These meetings are a key part of the UK’s employment law framework, ensuring that both employers and employees follow a fair and transparent process when dealing with potential issues in the workplace.
If an employer believes an employee may have breached workplace rules or is not meeting performance standards, they may invite the employee to a disciplinary meeting. The purpose of the meeting is to:
Explain the concerns or allegations clearly.
Allow the employee to respond and present their side of the story.
Consider any evidence or mitigating circumstances before making a decision.
Employers must follow a fair procedure, as outlined in the ACAS Code of Practice on Disciplinary and Grievance Procedures. This includes providing written notice of the meeting, sharing any evidence beforehand, and allowing the employee to be accompanied by a colleague or trade union representative.
Your right to work in the UK can sometimes become the subject of a disciplinary meeting. For example, if an employee’s right to work documents expire or are found to be invalid, an employer is legally required to address the issue promptly. Failing to do so could put the employer at risk of penalties under the Immigration, Asylum and Nationality Act 2006.
During a disciplinary meeting concerning right to work issues, the employer should:
Clearly explain the concerns about the employee’s right to work status.
Give the employee an opportunity to provide up-to-date documentation or explain any misunderstandings.
Consider any supporting evidence, such as proof of an ongoing Home Office application.
Employees have important rights during disciplinary meetings, including:
The right to be informed of the issue in writing before the meeting.
The right to reasonable notice to prepare for the meeting.
The right to be accompanied by a work colleague or trade union representative.
The right to appeal any disciplinary decision.
Employers who fail to follow a fair disciplinary process risk claims of unfair dismissal, especially if the employee has worked for the organisation for two years or more.
If you are invited to a disciplinary meeting, read the notice carefully and gather any documents or evidence that support your case.
Ask for clarification if you do not understand the allegations.
Consider bringing a companion for support and to help take notes.
For more detailed guidance on what to expect and how to prepare, visit our section on disciplinary meetings. Understanding your rights and obligations can help ensure the process is fair and transparent for everyone involved.
Dismissal
When it comes to the right to work in the UK, dismissal is a key area where both employees and employers need to understand their rights and responsibilities. Dismissal refers to the termination of an employee’s contract by their employer, and there are strict rules that must be followed to ensure the process is fair and lawful.
Under the Employment Rights Act 1996, employees have protection against unfair dismissal if they have been employed for at least two years. This means employers must have a valid reason for ending someone’s employment and must follow a fair process. Common fair reasons for dismissal include:
Capability or qualifications for the job
Conduct or behaviour
Redundancy
Statutory restriction (for example, if an employee no longer has the right to work in the UK)
Some other substantial reason
If an employer dismisses someone because they no longer have the legal right to work, they must be able to show they checked the employee’s immigration status and acted in line with Home Office guidance.
A fair dismissal process usually involves:
Informing the employee of the problem.
Carrying out a proper investigation.
Holding a disciplinary meeting, giving the employee a chance to respond.
Providing a written explanation for the dismissal.
Offering the right of appeal.
If an employer skips these steps, the dismissal could be considered unfair, even if there was a good reason.
Employees have the right to:
Be informed of the reason for their dismissal
Appeal the decision
Not be dismissed for discriminatory reasons (such as race, gender, religion, or disability)
Not be dismissed for asserting a statutory right (like requesting a written statement of employment)
If you feel you have been dismissed unfairly, you may be able to make a claim to an employment tribunal.
Losing the right to work in the UK is a statutory restriction that can justify dismissal, but employers must be careful. They should carry out regular right to work checks and give employees a chance to provide updated documents if their status changes. Sudden dismissal without proper checks or notice can lead to legal challenges.
For more detailed information on the rules around dismissal, including your rights and what to expect, explore our dedicated section. Understanding these protections can help both employers and employees act confidently and lawfully during the dismissal process.
Employee Rights
Every employee in the UK is entitled to certain fundamental rights at work, regardless of their nationality or immigration status, as long as they have the legal right to work. These rights are set out in various pieces of legislation, including the Employment Rights Act 1996 and the Equality Act 2010, and are designed to ensure fair treatment, safety, and respect in the workplace.
1. Right to a Written Statement of Employment From the first day of employment, you are entitled to a written statement outlining your main terms and conditions, such as pay, working hours, and holiday entitlement. This helps ensure both you and your employer are clear about your rights and responsibilities.
2. Protection Against Unfair Treatment You have the right not to be discriminated against on the basis of protected characteristics such as age, race, gender, disability, religion, or sexual orientation. The Equality Act 2010 makes it unlawful for employers to treat you unfairly for any of these reasons.
3. Right to National Minimum Wage All employees and workers, including those with the right to work in the UK, must be paid at least the National Minimum Wage or National Living Wage, depending on their age and status. Employers who fail to pay the correct rate are breaking the law.
4. Paid Holiday and Rest Breaks You are entitled to a minimum of 5.6 weeks’ paid holiday per year (pro rata for part-time workers), as well as appropriate rest breaks during the working day and between shifts, as set out in the Working Time Regulations 1998.
5. Protection from Unfair Dismissal Once you have worked for your employer for two years (in most cases), you gain the right not to be unfairly dismissed. This means your employer must have a fair reason and follow a fair process if they wish to end your employment.
6. Safe and Healthy Working Conditions Employers are legally required to provide a safe and healthy working environment under the Health and Safety at Work Act 1974. This includes risk assessments, appropriate training, and measures to protect your wellbeing at work.
Right to Statutory Sick Pay if you are too ill to work and meet the eligibility criteria.
Family-related leave and pay, such as maternity, paternity, and adoption leave.
Protection as a whistleblower if you report wrongdoing at work.
If you believe your rights are not being respected, you can raise the issue with your employer, seek advice from ACAS, or consider taking further action through an employment tribunal. It’s important to know that your immigration status should not affect your basic employee rights if you have the legal right to work in the UK.
Understanding your rights helps you feel confident at work and ensures you are treated fairly under UK law.
Employment Dispute Procedures
When disagreements arise at work—whether over pay, working conditions, discrimination, or dismissal—it’s important to follow a clear process to resolve them fairly. UK law sets out specific steps that both employees and employers should take when handling workplace disputes.
Most employment disputes start with an informal discussion. Employees are encouraged to speak directly with their manager or HR department about the issue. Many problems can be resolved at this stage without the need for formal procedures.
If informal talks don’t resolve the issue, the next step is to raise a formal grievance. This usually involves putting your complaint in writing and submitting it to your employer. Employers must follow a fair and transparent process, often outlined in the company’s handbook or policies. The Advisory, Conciliation and Arbitration Service (ACAS) Code of Practice provides guidance on handling grievances, and employers are expected to follow these standards.
When an employer believes an employee has breached workplace rules, they may start disciplinary proceedings. The process should be fair, with the employee given the chance to respond to any allegations. This may involve meetings, investigation, and the right to be accompanied by a colleague or trade union representative.
Sometimes, disputes can be resolved through mediation—a neutral third party helps both sides reach an agreement. Mediation is voluntary and confidential, and can be a quicker, less confrontational way to settle disagreements.
If a resolution can’t be reached internally, employees may consider making a claim to an employment tribunal. Before doing so, it’s usually necessary to notify ACAS, who will offer early conciliation to help both parties find a solution without going to tribunal.
Employers must act in line with employment law, including the Employment Rights Act 1996 and the Equality Act 2010. Failure to follow fair employment dispute procedures can result in legal action or increased compensation awards if the case goes to tribunal.
Keep written records of all communications and meetings.
Check your employment contract and staff handbook for your employer’s procedures.
Seek advice early from ACAS, Citizens Advice, or a trade union representative if you’re unsure of your rights.
Understanding the correct process helps protect your rights and ensures disputes are handled fairly and legally. If you’re facing a workplace issue, following the right steps can make all the difference in reaching a positive outcome.
Employment References
Employment references play an important part in the recruitment process, offering employers insight into a candidate’s previous work experience, conduct, and suitability for a role. While the main purpose of an employment reference is to confirm details about a person’s employment history, it is separate from the legal requirement to prove the right to work in the UK.
Employers must check every new employee’s right to work before they start their job, regardless of whether a reference has been provided. This is a legal obligation under the Immigration, Asylum and Nationality Act 2006. Failing to carry out proper right to work checks can result in significant penalties for employers, including fines and, in some cases, criminal prosecution.
It’s common for employers to request employment references alongside documents that prove a person’s right to work, such as a passport, biometric residence permit, or share code for online checks. However, it’s important to note that a reference alone does not satisfy the legal requirements for right to work checks. References may support an employer’s confidence in a candidate, but only official documents or Home Office verification can prove eligibility to work in the UK.
For job seekers, understanding the difference between references and right to work checks can help avoid confusion during the hiring process. If you are asked to provide references, this is usually to verify your employment history and character, not your immigration status. You will still need to provide separate evidence of your right to work.
In summary, while references are a valuable part of the hiring process, they do not replace the need for employers to carry out right to work checks. Both steps are important, but they serve different legal and practical purposes in ensuring fair and lawful employment.
Flexible Work
Flexible working arrangements allow employees to adjust their working patterns to better suit their personal needs and circumstances. This can include changes such as working from home, part-time hours, job sharing, flexitime, or compressed hours. In the UK, the right to request flexible working is protected by law, making it an important aspect of modern employment.
Under the Employment Rights Act 1996 and the Flexible Working Regulations 2014, all employees have the legal right to request flexible working, not just parents or carers. To be eligible, you must have worked for your employer for at least 26 weeks. You can make one statutory request every 12 months.
A statutory request must:
Be made in writing
State that it is a request under the statutory procedure
Specify the change you are seeking and when you would like it to take effect
Explain what effect, if any, you think the change would have on your employer and how this could be managed
Employers are required to consider requests in a reasonable manner and must respond within three months. They can only refuse a request for one of several business reasons, such as the burden of additional costs, a detrimental effect on the ability to meet customer demand, or an inability to reorganise work among existing staff.
Some common types of flexible working include:
Remote working: Working from home or another location outside the workplace.
Part-time work: Working fewer hours than a full-time contract.
Job sharing: Two people share the responsibilities of one full-time position.
Flexitime: Choosing when to start and finish work, within agreed limits.
Compressed hours: Working the same number of hours over fewer days.
If you are considering flexible working, think carefully about the type of arrangement that would best meet your needs. Prepare your request with clear reasons and consider how your role and responsibilities could be managed under the new arrangement. Open communication with your employer can help address concerns and find a solution that works for both parties.
Employers must ensure they follow the correct procedure when handling flexible working requests. This includes considering each request fairly and providing a clear, written explanation if a request is refused. Failure to follow the law could result in claims to an employment tribunal.
For more detailed guidance on making or responding to flexible working requests, you can read our dedicated page on flexible work. This includes practical tips, example request letters, and advice on resolving disputes.
Resignation
When you decide to leave your job in the UK, it’s important to follow the correct process for resignation. Resignation is when an employee formally notifies their employer that they intend to end their employment. Understanding your responsibilities can help ensure a smooth transition and protect your rights.
To resign, you should provide your employer with written notice. This can be a letter or an email stating your intention to leave and your proposed last working day. Most employment contracts specify the notice period you must give—this is often at least one week if you’ve been employed for more than a month, but your contract may require a longer notice period.
If you don’t have a written contract, the statutory minimum notice period applies. According to the Employment Rights Act 1996, you must give at least one week’s notice if you have worked for your employer for one month or more.
When resigning, you are expected to:
Work your notice period: Unless your employer agrees otherwise, you should work until the end of your notice period. Not doing so could be a breach of contract.
Return company property: Make sure you return items such as keys, ID cards, laptops, or uniforms.
Complete handover tasks: Help with the transition by handing over your responsibilities and any ongoing work to colleagues or your replacement.
Check your final pay: Your employer should pay you for all work completed up to your leaving date, including unused holiday entitlement.
If you leave without giving the required notice, your employer could claim damages for breach of contract, although this is rare. It may also affect your reference or final pay. Discuss your situation with your employer if you need to leave sooner than agreed.
You have the right to resign at any time, but you must follow the terms of your contract. Employers cannot refuse your resignation, but they can negotiate your leaving date if necessary.
If you need detailed advice on how to handle your resignation properly or have concerns about your rights, it’s a good idea to consult a legal adviser or a trade union representative.
Remember, following the correct process protects both you and your employer and helps maintain a positive professional relationship for the future.
Types of Employment
Understanding the different types of employment contracts in the UK is essential for both employers and employees. The type of contract you have affects your rights at work, your entitlement to pay and benefits, and your employer’s legal responsibilities towards you.
A permanent contract is the most common form of employment in the UK. With a permanent contract, you are employed on an ongoing basis until either you or your employer ends the relationship. Permanent employees are usually entitled to the full range of statutory rights, including paid holiday, sick pay, notice periods, and redundancy pay. These rights are protected under the Employment Rights Act 1996.
Fixed-term contracts are set for a specific period or until a particular task is completed. For example, you might be hired for a 12-month project or to cover maternity leave. Employees on fixed-term contracts have the same rights as permanent staff, including protection against unfair dismissal and discrimination. If you have been on successive fixed-term contracts for four years or more, you may automatically become a permanent employee unless your employer can justify the continued use of a fixed-term arrangement.
Zero-hours contracts offer flexible working arrangements where there is no guaranteed minimum number of hours. This means your employer is not obliged to provide work, and you are not obliged to accept it. While zero-hours workers have the right to the National Minimum Wage, paid holiday, and rest breaks, their job security is less certain. The law prohibits employers from preventing zero-hours workers from seeking work elsewhere.
Agency workers are employed by an agency and sent to work for other companies. After 12 weeks in the same role, agency workers are entitled to the same basic working and employment conditions as direct employees, including pay and annual leave, under the Agency Workers Regulations 2010.
Casual and seasonal contracts are often used for work that is irregular or tied to certain times of year, such as retail jobs over Christmas or agricultural work during harvest. These contracts may be short-term or renewed as needed, but workers are still entitled to basic employment rights, including paid holiday and protection from discrimination.
Self-employed individuals and freelancers work for themselves and take on contracts for services rather than being employed by a company. While they have more freedom over their work, they are generally not entitled to employment rights such as sick pay or holiday pay. However, they are still protected against discrimination and have certain health and safety protections.
Your employment contract determines your rights and obligations at work, including notice periods, redundancy pay, and eligibility for benefits. Employers must ensure they issue written terms of employment within two months of an employee starting work, as required by the Employment Rights Act 1996.
If you want to explore the differences further, you can learn more about the various types of employment and how each contract type could affect your rights and responsibilities. Understanding your contract is key to ensuring you are treated fairly at work and that you receive the legal protections you are entitled to.
Workplace Drug Testing
Workplace drug testing is an important consideration when it comes to employment rights and employer policies in the UK. Employers may introduce drug testing as part of their efforts to maintain a safe and productive work environment, especially in industries where safety is a critical concern, such as transport, construction, or healthcare.
Under UK law, there is no general legal requirement for routine drug testing in the workplace. However, employers do have a duty under the Health and Safety at Work Act 1974 to protect the health, safety, and welfare of their employees. This can sometimes justify the use of drug testing, particularly if an employee’s role involves operating machinery, driving, or other safety-sensitive tasks.
Before implementing any workplace drug testing policy, employers must have clear and fair procedures in place. This usually means setting out the circumstances in which testing will occur—such as pre-employment screening, random testing, or testing after an incident—and ensuring these rules are included in employment contracts or staff handbooks. Employees should be fully informed about the policy and what is expected of them.
Consent is a key issue. Employers cannot force employees to take a drug test unless it is stipulated in their contract or agreed policy. Refusing a test may be treated as a disciplinary matter, but only if the policy is clear and has been properly communicated. Any testing must be carried out with respect for privacy and in accordance with data protection laws, including the Data Protection Act 2018 and the UK General Data Protection Regulation (GDPR). Employers must ensure that test results are kept confidential and only shared with those who need to know.
If a test result is positive, employers should follow their disciplinary procedures fairly and consistently. Employees have the right to challenge test results or the way the test was conducted, and employers should provide information on how to do this. In some cases, a positive test may be treated as a health issue rather than a disciplinary one, with support offered to the employee.
In summary, workplace drug testing must strike a balance between an employer’s need to ensure safety and an employee’s right to privacy and fair treatment. If you are unsure about your rights or responsibilities, it is a good idea to seek advice from a legal professional or relevant advisory bodies.
Workplace Issues
Understanding your right to work in the UK is essential, but many employees also encounter workplace issues that can affect their rights and wellbeing. These problems can range from misunderstandings about employment status to concerns over fair treatment and discrimination. Knowing your rights and the legal protections available is the first step to addressing these challenges.
1. Discrimination and Equal Treatment Employees have the right not to be discriminated against at work because of protected characteristics such as age, race, gender, disability, religion, or sexual orientation. The Equality Act 2010 sets out these protections, making it unlawful for employers to treat someone unfairly due to these factors. If you believe you are being treated differently or unfairly, it’s important to raise your concerns with your employer or seek legal advice.
2. Unfair Dismissal If you have the right to work in the UK and have been employed continuously for at least two years, you are generally protected against unfair dismissal under the Employment Rights Act 1996. This means your employer must have a valid reason for ending your employment and follow a fair process. Dismissal related to your immigration status can only occur if your right to work has genuinely expired and all checks have been properly carried out.
3. Pay and Working Conditions All employees and workers are entitled to receive at least the National Minimum Wage and to work in safe conditions, as set out by the Health and Safety at Work Act 1974. If you’re not being paid correctly or are concerned about your working environment, you have the right to raise these issues without fear of retaliation.
4. Right to Work Checks and Privacy Employers are legally required to check your right to work before you start employment, but they must do so fairly and without discrimination. The Home Office provides guidance on acceptable documents and procedures. If you feel you are being singled out for additional checks based on your nationality or ethnicity, this could amount to discrimination.
If you experience problems at work, consider taking the following steps:
Speak to your employer: Many issues can be resolved informally through open communication.
Consult your staff handbook or contract: These documents often outline procedures for raising concerns.
Seek advice: Organisations like ACAS (Advisory, Conciliation and Arbitration Service) offer free and impartial advice.
Document everything: Keep records of incidents, communications, and any steps you have taken.
If you need more guidance on dealing with workplace issues, including how to raise a formal grievance or seek further support, explore our dedicated resources. Understanding your rights is the best way to protect yourself and ensure fair treatment at work.
Workplace Safety
Workplace safety is a fundamental part of your employment rights in the UK. Everyone has the right to work in an environment where risks to health and safety are properly controlled. This is not just good practice—it’s a legal requirement under laws such as the Health and Safety at Work etc. Act 1974.
Employers have a duty to protect the wellbeing of their employees by assessing risks, providing necessary training, and ensuring that the workplace is free from hazards. This includes everything from safe equipment and proper ventilation to procedures for dealing with accidents or emergencies. For example, if you work in a warehouse, your employer must make sure that lifting equipment is maintained and that you receive training on how to use it safely.
Employees also have responsibilities. You are expected to follow safety procedures, use equipment correctly, and report any hazards or incidents. If you feel unsafe at work or believe your employer is not meeting their obligations, you have the right to raise concerns without fear of losing your job.
Understanding your workplace safety rights can help you identify when something isn’t right and know how to take action. If you’re unsure about your rights or what steps to take, you can seek advice from your trade union, the Health and Safety Executive (HSE), or legal professionals. Remember, a safe workplace is not just a benefit—it’s your legal right.
