By Kash Dosanjh, Managing Partner and Founder, Maison Lex
Updated June 2026
12 min read
Understanding your employment rights can help you make better decisions when something changes at work. This may include being dismissed, placed at risk of redundancy, treated unfairly, asked to sign a settlement agreement, or facing discrimination or harassment.
UK employment law gives employees important protections from the start of employment and, in some cases, after a qualifying period of service. This guide explains the key employment rights employees should know, what employers can and cannot do, and when it may be sensible to take legal advice before taking your next step.
If you are dealing with a workplace issue and need clear guidance, Maison Lex provides specialist employment law advice for employees across the UK.
In This Guide
- Your core employment rights in the UK
- Employment contracts
- Unfair dismissal
- Automatically unfair dismissal
- Constructive dismissal
- Workplace discrimination
- Harassment at work
- Redundancy rights
- Settlement agreements
- Employment tribunal claims
- Frequently asked questions
Your Core Employment Rights in the UK
Employees in the UK have a range of legal protections. Some rights apply from the first day of employment, while others depend on your length of service, employment status, and the facts of your case.
Rights that may apply from day one
Employees may have rights relating to:
National Minimum Wage and National Living Wage
A written statement of employment particulars
Protection from unlawful discrimination
Protection from harassment and victimisation
Health and safety at work
Rest breaks and working time protections
Statutory Sick Pay, where eligibility requirements are met
Family related leave, depending on the type of leave and current legal rules
Protection for whistleblowing
Protection when asserting certain statutory rights
Rights that may require qualifying service
Some employment rights depend on how long you have worked for your employer. For example, ordinary unfair dismissal claims have traditionally required a qualifying period of continuous employment, although some dismissals are automatically unfair and do not require the same qualifying period.
This is why it is important not to assume you have no claim just because you have worked somewhere for a short time. The reason for the employer’s conduct matters.
If you believe your workplace rights have been breached, speaking with an employment law solicitor for employees can help you understand your options before you respond, resign, or sign any agreement.
Employment Contracts: What Employees Should Check
Your employment contract sets out the main terms of your working relationship with your employer. Your employer should provide written details of your main employment terms. These usually include your job title, pay, working hours, holiday entitlement, notice period, place of work, and other important conditions.
What should an employment contract include?
Your employment contract or written statement should usually explain:
Your job title and role
Your start date
Your pay and payment dates
Your normal working hours
Your holiday entitlement
Your sick pay arrangements
Your notice period
Your workplace location
Your pension arrangements
Any probation period
Any restrictive covenants
Any disciplinary and grievance procedures
Can my employer change my contract?
Your employer should not make major changes to your employment contract without proper consultation and agreement. This may include changes to your pay, hours, job role, workplace location, or benefits.
If your employer forces through a significant change without your agreement, this may amount to a breach of contract. In serious cases, it may also support a constructive dismissal claim.
Before accepting major changes to your role, pay, hours, or responsibilities, it is sensible to get employment law advice for employees so you understand how your response may affect your legal position.
Unfair Dismissal: Your Rights as an Employee
Unfair dismissal happens when an employer dismisses an employee without a fair reason or without following a fair process.
A dismissal may be unfair if your employer:
Did not have a fair reason for dismissal
Failed to investigate properly
Did not give you a fair chance to respond
Did not follow a fair disciplinary process
Did not allow you to be accompanied where required
Ignored relevant evidence
Did not consider alternatives to dismissal
Did not offer a right of appeal
What are fair reasons for dismissal?
An employer usually needs a potentially fair reason for dismissal. Common reasons include:
Conduct
Capability or performance
Redundancy
Breach of a legal restriction
Some other substantial reason
Even where the employer has a potentially fair reason, the dismissal may still be unfair if the process was poor or the decision was unreasonable.
If you have lost your job and believe the process was unfair, Maison Lex can advise you through its employment law services for employees.
Time limit for unfair dismissal claims
Employment tribunal time limits are strict. In most cases, you must start Early Conciliation within 3 months minus 1 day from the relevant act or dismissal date.
If you miss the deadline, you may lose the right to bring a claim. If you think you may have been unfairly dismissed, take advice quickly.
Automatically Unfair Dismissal
Some dismissals may be automatically unfair. This means the reason for dismissal is unlawful in itself, and the usual qualifying service requirement may not apply.
Examples may include dismissal connected to:
Pregnancy or maternity
Whistleblowing
Asserting a statutory right
Health and safety activities
Trade union membership or activities
Taking certain types of family leave
Making a protected disclosure
Refusing to give up certain employment rights
If you believe you were dismissed for one of these reasons, you should take advice as early as possible. Automatically unfair dismissal claims can be sensitive, so it is better to get employment law advice before sending formal emails or accepting an exit offer.
Constructive Dismissal
Constructive dismissal can happen when an employer commits a serious breach of contract and the employee resigns in response.
This does not mean every bad workplace experience will amount to constructive dismissal. The employer’s conduct must usually be serious enough to make continued employment unreasonable.
Common examples of constructive dismissal
Constructive dismissal may involve:
A significant pay cut without agreement
Demotion without proper reason
Bullying or harassment
A serious breakdown of trust and confidence
Being excluded, isolated, or undermined
A major change to working hours or duties
Failure to deal with serious grievances
Unsafe working conditions
Should I resign before taking advice?
In most cases, you should take legal advice before resigning. Constructive dismissal claims can be difficult, and timing matters. If you wait too long, your employer may argue that you accepted the breach. If you resign too quickly without evidence, your claim may be harder to prove.
Before resigning, speak with an employment law solicitor about your grievance, evidence, resignation wording, and next steps.
Concerned About Your Employment Situation?
Maison Lex provides fixed fee employment law advice for employees across the UK. We can assess your situation, review key documents, and advise on the best course of action before you take any step that could affect your legal position.
View our employment law services
Workplace Discrimination: The Equality Act 2010
The Equality Act 2010 protects employees from unlawful discrimination at work. This protection applies from the start of employment and can also apply during recruitment, promotion, disciplinary processes, redundancy, dismissal, and after employment ends in some circumstances.
Protected characteristics
The protected characteristics are:
Age
Disability
Gender reassignment
Marriage and civil partnership
Pregnancy and maternity
Race
Religion or belief
Sex
Sexual orientation
Types of workplace discrimination
Discrimination can happen in different ways.
Direct discrimination means being treated less favourably because of a protected characteristic.
Indirect discrimination means an employer applies a policy or practice to everyone, but it puts people with a protected characteristic at a particular disadvantage.
Harassment means unwanted conduct related to a protected characteristic that violates dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Victimisation means being treated badly because you complained about discrimination or supported someone else’s complaint.
Discrimination claims are fact specific. Evidence is important, including emails, messages, meeting notes, witnesses, timelines, and records of how other employees were treated.
If you believe you have been treated unfairly because of a protected characteristic, Maison Lex can advise you through its employment law services for employees.
Harassment at Work
Workplace harassment can include verbal comments, unwanted jokes, exclusion, intimidation, offensive messages, unwanted physical contact, or repeated behaviour that creates a hostile working environment.
Harassment may be unlawful where it is related to a protected characteristic under the Equality Act 2010.
Sexual harassment at work
Sexual harassment is unwanted conduct of a sexual nature that violates dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
Employers have a legal duty to take reasonable steps to prevent sexual harassment at work. If an employer fails to take complaints seriously or does not act when issues are reported, this may strengthen an employee’s legal position.
What should I do if I am being harassed at work?
If you are being harassed, you should consider:
Keeping a written record of incidents
Saving relevant messages or emails
Noting dates, times, locations, and witnesses
Reporting the issue through the correct internal procedure
Submitting a formal grievance where appropriate
Taking legal advice before resigning or accepting any offer
If the behaviour is continuing or your employer has failed to act, you may need employment law advice for employees before deciding your next step.
Redundancy Rights
Redundancy happens when an employer no longer needs a particular role, workplace, or number of employees. A genuine redundancy situation does not automatically make a dismissal fair. The employer must still follow a fair process.
What should a fair redundancy process include?
A fair redundancy process may include:
Warning employees about the proposed redundancy
Meaningful consultation
A fair selection pool
Objective selection criteria
Consideration of suitable alternative employment
Proper notice
Statutory redundancy pay where the employee qualifies
If you have been placed at risk of redundancy, Maison Lex can provide employment law advice for employees before you accept an offer, appeal a decision, or sign a settlement agreement.
Statutory redundancy pay
Employees usually need at least two years of continuous service to qualify for statutory redundancy pay.
Statutory redundancy pay is based on age, weekly pay, and length of service, subject to statutory limits.
The calculation is usually:
Half a week’s pay for each full year of service under age 22
One week’s pay for each full year of service aged 22 to 40
One and a half week’s pay for each full year of service aged 41 or over
Many employees are offered a settlement agreement during redundancy. You should take independent legal advice before signing, especially if you are being asked to waive employment claims.
Settlement Agreements
A settlement agreement is a legally binding agreement between an employee and employer. The employee usually agrees to waive legal claims in exchange for a financial payment or agreed exit terms.
Settlement agreements are often used in redundancy, dismissal, workplace disputes, performance concerns, sickness absence cases, and negotiated exits.
Do I need a solicitor for a settlement agreement?
Yes. For a settlement agreement to be valid, the employee must receive independent legal advice from a qualified adviser, such as a solicitor.
Your solicitor should explain:
What claims you may be giving up
Whether the compensation looks reasonable
Your notice pay and holiday pay position
Any confidentiality clauses
Any tax issues that need consideration
Any restrictive covenants
Any reference wording
Whether negotiation may be appropriate
At Maison Lex, employees can receive fixed fee settlement agreement advice with clear guidance before signing.
Employment Tribunal Claims
If a workplace dispute cannot be resolved internally or through Early Conciliation, an employee may decide to bring a claim in the Employment Tribunal.
Employment Tribunals deal with claims such as:
Unfair dismissal
Discrimination
Harassment
Victimisation
Wrongful dismissal
Unpaid wages
Redundancy pay disputes
Holiday pay claims
Whistleblowing claims
Breach of contract in certain circumstances
Do I need to start Early Conciliation first?
In most cases, you must start Early Conciliation before bringing an Employment Tribunal claim. Early Conciliation gives both sides an opportunity to resolve the dispute before formal proceedings begin.
Strict time limits apply. For many claims, the deadline is 3 months minus 1 day from the act complained of or the date employment ended.
Do not wait until the deadline is close. Early advice gives you more time to understand your position, gather evidence, and decide whether to negotiate or bring a claim.
If you are close to a deadline or unsure whether you have a claim, speak with an employment law solicitor as soon as possible.
Need Employment Law Advice?
Employment issues can affect your income, career, reputation, and peace of mind. If you are facing dismissal, discrimination, redundancy, harassment, a workplace dispute, or a settlement agreement, it is important to understand your rights before taking action.
Maison Lex provides specialist employment law advice for employees across the UK. You can also view our full range of employment law services to find the right support for your situation.
Speak to an employment law solicitor today
Frequently Asked Questions
Can my employer dismiss me without warning in the UK?
In some cases, an employer may dismiss without a prior warning, especially where there is alleged gross misconduct. However, the employer must still act reasonably and follow a fair process. If your employer dismissed you without proper investigation, evidence, or a chance to respond, you may have grounds to challenge the dismissal.
What should I do if I am being treated unfairly at work?
Start by keeping a written record of what happened, including dates, messages, emails, witnesses, and meetings. Depending on the situation, you may need to raise the issue informally, submit a formal grievance, or take legal advice. If the issue involves discrimination, harassment, dismissal, or a serious breach of contract, early legal advice is strongly recommended.
You can also speak with our employment law solicitors for employees before taking formal action.
Do I need a solicitor before signing a settlement agreement?
Yes. A settlement agreement is only valid if you receive independent legal advice from a qualified adviser. A solicitor can explain what claims you are giving up, whether the payment is reasonable, and whether any terms should be negotiated before you sign.
Maison Lex offers settlement agreement advice for employees across the UK.
Can I resign and claim constructive dismissal?
You may be able to claim constructive dismissal if your employer has committed a serious breach of contract and you resign in response. However, these claims are complex. You should take legal advice before resigning, because the timing, evidence, and wording of your resignation can affect your claim.
A specialist employment law solicitor can help you understand whether resignation is the right step.
What counts as workplace discrimination?
Workplace discrimination may include being treated unfairly because of age, disability, race, sex, pregnancy, religion, sexual orientation, gender reassignment, or another protected characteristic. It may also include policies that disadvantage certain groups, harassment, or victimisation after making a complaint.
If you are unsure whether your treatment amounts to discrimination, get advice through our employment law services for employees.
How long do I have to make an Employment Tribunal claim?
For many Employment Tribunal claims, the usual time limit is 3 months minus 1 day from the act complained of or from the date employment ended. Some claims have different time limits. You should start Early Conciliation and take legal advice quickly if you think you may have a claim.
What are my rights during redundancy?
If you are being made redundant, your employer should follow a fair process. This may include consultation, fair selection, consideration of alternative roles, notice, and statutory redundancy pay if you qualify. If the redundancy process feels unfair or you are offered a settlement agreement, take advice before agreeing to anything.
Maison Lex can advise you through its employment law services for employees before you sign or respond.
Can my employer monitor my emails and phone calls?
Employers may monitor work systems in some circumstances, but they should have a clear policy and must comply with data protection rules. Covert or excessive monitoring may be unlawful depending on the circumstances.
Does Maison Lex only advise employees?
No. Maison Lex advises both employees and employers. This guide is written for employees, but businesses can also get support through our employment law services for employers.
About Maison Lex
Maison Lex is a specialist UK employment law firm supporting employees and employers with workplace disputes, settlement agreements, dismissal issues, redundancy, discrimination, and employment law advice.
The firm provides clear, practical, and commercially aware legal support across the UK, helping clients understand their position before making important decisions.
Written by Kash Dosanjh
Kash Dosanjh is the Managing Partner and Founder of Maison Lex, a specialist UK employment law firm based in Coventry. Maison Lex, trading name of Dosanjh Legal Ltd, is authorised and regulated by the Solicitors Regulation Authority.
For advice on dismissal, discrimination, redundancy, settlement agreements, or workplace disputes, contact Maison Lex.
Disclaimer
This article is for general information only and does not constitute legal advice. Employment law is fact specific, and the right approach depends on your circumstances. You should seek independent legal advice before making decisions about dismissal, resignation, settlement agreements, tribunal claims, or workplace disputes.
