Unused statutory holiday entitlement cannot be replaced by a payment in lieu, except when the employment is terminated. In limited circumstances, employees must be allowed to carry over their unused annual leave, if they have not been able to take it in the year in which it was due.

What are an employer's obligations under the Working Time Regulations 1998? Under reg.4(2) of the Working Time Regulations 1998 (SI 1998/1833), an employer is obliged to retain up-to-date records of workers who have agreed to opt out of the 48-hour working week. Employers should maintain a list of the names of such workers, and a copy of the opt-out agreements. Regulation 9 requires employers to keep records that are adequate to show that: working time, including overtime, fo

The Working Time Regulations 1998 (SI 1998/1833) specify minimum rest break and daily and weekly rest period entitlements for adult workers aged 18 and over, and for young workers under the age of 18 but above compulsory school age. Workers cannot opt out of statutory minimum rest entitlements on an individual basis. Employers must make sure that workers can take their rest breaks. Under the terms of a collective or workforce agreement, the right of adult workers to rest brea

Under reg.12(1) of the Working Time Regulations 1998 (SI 1998/1833), adult workers are entitled to a minimum rest break of 20 minutes during any working day that exceeds six hours. Case law has established that workers are entitled to only one 20-minute rest break even where they continue to work for another six hours or longer. However, employers should consider the general health and wellbeing of workers when determining the frequency and length of rest breaks, particularly

All employees with at least two years' continuous service are entitled to written reasons for their dismissal on request. Where dismissal is with notice, the employee can request the statement before the contract comes to an end. Otherwise the request should be made within three months of the effective date of termination, which is the time limit for bringing a claim for unfair dismissal to an employment tribunal. The employer must provide the statement within 14 days of the

An employer might need to obtain a medical report on a prospective employee before confirming a conditional job offer for a particular role, where health or fitness is a factor determining the employee's ability to do the job. In relation to existing employees, an employer may need to obtain a medical report if an employee is on long-term sickness absence, to ascertain when they will be able to return to work, if at all, and whether or not there are any steps that could be ta

Where a worker makes a public interest disclosure (or blows the whistle), the disclosure is protected under the Employment Rights Act 1996 if the worker makes it to: the employer; another person who the worker believes to be responsible for the wrongdoing; a legal adviser; or a prescribed person or body listed in the schedule to the Public Interest Disclosure (Prescribed Persons) Order 2014 (SI 2014/2418) (such as the Environment Agency, the Care Quality Commission or the Hea

What steps must an employer take to ensure that a job applicant has the right to work in the UK? Before allowing a job applicant to start work, the employer must carry out a right to work check. Employers have the option of using a digital identification verification service when carrying out checks for British and Irish citizens, based on a valid passport (or Irish passport card). To do this, the employer must use a certified Identification Document Validation Technology (ID

Employers must ensure that term-time workers receive at least their statutory minimum annual leave entitlement. The employer can designate periods during the school holidays to be the term-time worker's annual leave. A worker's entitlement depends on whether or not they fall within the definition of either an 'irregular hours' or 'part year' worker. Term-time workers are likely to be part-year workers, including where they are paid in equal instalments throughout the year. Fo

An employer can ask a prospective employee to complete a medical questionnaire, but only after it has made them a job offer and only if it complies with data protection requirements. Section 60(1) of the Equality Act 2010 prohibits employers from asking job applicants questions about their health before offering them employment (with some very limited exceptions). If an employer intends to ask prospective employees to complete a medical questionnaire after making them an offe

Working time is defined in the Working Time Regulations 1998 (SI 1998/1833) as: any period during which the worker is working, at their employer's disposal and carrying out their activity or duties; any period during which they are receiving relevant training; and any additional period designated as working time under a relevant agreement. Working time includes travelling where it is an integral part of the job, for example in the case of a travelling sales executive or a mob

A public interest disclosure is a disclosure by a worker concerning a wrongdoing on the part of their employer. Protected disclosures include information about: an alleged criminal offence; a failure to comply with a legal obligation; a miscarriage of justice; a breach of health and safety such that an individual has been, is, or is likely to be endangered; damage to the environment; or the deliberate concealment, or likely deliberate concealment, of information about one of

A derogatory comment posted on social media will be defamatory if it contains an untrue imputation against the employer that serves to undermine the reputation of the organisation in the eyes of "right thinking" members of society. For the material to be libellous it must be in permanent form and must clearly identify the organisation (whether directly or by inference), and the meaning of the statement must be such that, in their natural and ordinary sense, the words are capa

The Employment Rights Bill currently imposes a duty on employers to take reasonable steps to prevent sexual harassment from occurring in the workplace, instead of just reasonable steps. From October 2026, this will become all reasonable steps which means employers will be held liable for third-party harassment if they fail to take all reasonable steps to prevent it. This liability is not just limited to sexual harassment, but extends to harassment on the grounds of: age; dis

A job-share arrangement requires that there are two suitable employees available to share the role. What happens if one half to the job-share agreement resigns or is dismissed should be agreed at the outset of the arrangement. A flexibility clause could be included in the job-share employees' contracts, requiring the remaining employee to revert to full-time working, or part-time working in a non-job-share role. The employer must exercise this flexibility in a reasonable mann

The Employment RIghts Bill includes provisions to remove the requirement to earn at or above the lower earnings limit and the three-day waiting period to qualify for statutory sick pay (SSP). This means that SSP will be available from day one. Additionally, SSP for those earning below the current rate of SSP will be set at 80% of average weekly earnings. These changes will take effect in April 2026. What needs updating? Any sickness absence policy will need to be updated to e

Under the Health and Safety (First Aid) Regulations 1981 (SI 1981/917), employers must provide such first aid equipment and facilities as are adequate and appropriate in the circumstances. What is adequate and appropriate will depend on factors including the nature of the hazards and risks involved in the type of work, the size of the organisation and the location of the workplace. Employers should carry out a needs assessment to determine what level of first-aid provision th

Employers must deal with statutory requests for flexible working in a reasonable manner and must consult with the employee, unless it is prepared to accept the employee's request in full. Employers must notify the employee of its decision within two months of the request, or a longer period if agreed with the employee. The Acas code of practice on requests for flexible working sets out guidance for employers and will be taken into account by employment tribunals. The code re

If an employee takes part in industrial action, the whole of the week in which the action occurred is discounted for the purpose of continuous service, but there is no break in continuity. In determining the period of continuous employment, the date on which employment began is treated as having been postponed by the number of days between the last working day before the strike began and the day work was resumed.

Simply put, a hybrid worker splits their working time between the workplace and a remote location. This could be the worker's home or another location. This may be within the context of a hybrid working model that applies to the whole workforce or sections within it. An individual could also be known as a hybrid worker where they have made a flexible working request to work remotely for part of the time. There is no single model for hybrid working. An employer that implements