Employment law information (England and Wales)

Common situations

What the law says, in brief

• Unfair dismissal. Where your employment ends before 1 January 2027, you usually need two years’ continuous employment to claim. Where it ends on or after that date, six months. Some reasons, such as whistleblowing or raising a health and safety concern, need no qualifying period at all (ERA 1996, s.108). Which period applies to you.
• Notice and notice pay. After a month in the job, the legal minimum notice from your employer is one week, rising to one week per complete year of service from two years, up to twelve weeks. A contract can give more, never less (ERA 1996, s.86). Dismissed without notice.
• Redundancy. A statutory redundancy payment needs two years’ continuous employment, and has to be claimed within six months beginning with the date your employment ended (ERA 1996, s.164). How redundancy pay is calculated.
• Discrimination, harassment and victimisation. There is no minimum length of service, and no cap on compensation. The time limit runs from the act, or the last act if it carried on (Equality Act 2010, s.123).
• Unpaid wages, deductions and holiday pay. Workers as well as employees can claim, with no minimum service. An employer can only deduct from wages where a law, a written contract term given in advance, or your prior written agreement allows it (ERA 1996, s.13). Unpaid wages and deductions.
• Equal pay. The claim must be made within six months of your last day of employment. Arrears can usually go back six years, and there is no cap (Equality Act 2010, ss.129 and 132).
• Whistleblowing. Protection does not depend on length of service, or on the disclosure turning out to be right. What matters is that you reasonably believed it (ERA 1996, s.43B).
• Your contract. Workers and employees are entitled to a written statement of their main terms from their first day (ERA 1996, s.1).

What people in this situation usually do next

Most people check their deadline first, then contact ACAS, because a tribunal claim can’t be made without an early conciliation certificate. Many also put their position to the employer in writing, often through a grievance or a formal letter, while there is still time to resolve it.