Your employer cannot make illegal wage deductions, force you to work more than 48 hours per week without written opt-out, deny your statutory rest breaks, ignore statutory sick pay rules, or dismiss you for asserting your legal rights. Employment law in the UK changed significantly in 2025–2026 with new day-one rights for workers.
Most UK workers know their employer has rules to follow. Far fewer know exactly what those rules are — which is exactly what employers rely on. This guide covers the most important things your employer legally cannot do in 2026, with the specific laws behind each one.
Under the Working Time Regulations 1998, your employer cannot require you to work more than an average of 48 hours per week unless you have signed a written opt-out agreement. Even if you have signed an opt-out, you can cancel it with seven weeks written notice.
The 48-hour limit is calculated as an average over a 17-week reference period — so one very long week does not automatically mean a breach, but consistent excessive hours do.
You are entitled to: a 20-minute rest break if you work more than 6 hours; 11 hours rest between working days; one day off per week (or two days per fortnight). These rights cannot be waived in your contract.
Under the Employment Rights Act 1996, your employer cannot deduct money from your wages unless:
Common illegal deductions include: deducting for till shortages without prior contractual agreement, charging for uniforms or training in a way that takes your pay below National Minimum Wage, and making deductions for damage or mistakes without contractual basis.
As of April 2026 the National Living Wage rates are:
| Age Group | Hourly Rate (April 2026) |
|---|---|
| 21 and over | £12.21/hour |
| 18–20 | £10.00/hour |
| Under 18 (not apprentice) | £7.55/hour |
| Apprentices | £7.55/hour |
Unpaid overtime that effectively brings your hourly rate below minimum wage is a breach of National Minimum Wage law. HMRC can investigate and employers face fines of up to 200% of the underpayment.
Under changes introduced in the Employment Rights Act 2025, Statutory Sick Pay (SSP) is now payable from day one of sickness absence — the previous three waiting days were abolished. As of 2026:
Your employer cannot refuse to pay SSP if you qualify, cannot sack you for taking sick leave, and cannot require you to work while sick as a condition of receiving it.
Under the Employment Rights Act 1996, dismissal is automatically unfair if the reason is that you:
Crucially, from 2025 under the Employment Rights Act 2025, unfair dismissal protection now applies from day one of employment — removing the previous two-year qualifying period for most cases.
The Employment Rights Act 2025 introduced significant new protections. Unfair dismissal rights, SSP from day one, and strengthened flexible working rights all now apply regardless of how long you have been employed. If you started a job recently, you have more rights than workers did under the old rules.
Under the Equality Act 2010, your employer cannot treat you less favourably because of a protected characteristic. The nine protected characteristics are:
Cannot discriminate based on how old you are — applies to all ages.
Must make reasonable adjustments. Cannot dismiss for disability-related absence without proper process.
Full protection throughout the recruitment and employment process.
Protection in employment contexts.
Cannot be dismissed or disadvantaged for being pregnant or on maternity leave.
Includes colour, nationality, ethnic or national origin.
Includes lack of religion. Reasonable adjustments may be required.
Includes equal pay. Men and women must receive equal pay for equal work.
Under the ACAS Code of Practice on Disciplinary and Grievance Procedures, your employer must follow a fair process when you raise a formal grievance. This includes:
Failure to follow the ACAS Code does not make a dismissal automatically unfair, but an employment tribunal can increase any award by up to 25% if the employer unreasonably failed to follow it.
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