Your rights at work

Many people are working until later in life, some out of choice and others for financial reasons. As we spend so much of our time at work, it’s important that we know our employment rights. 

Firstly, you need to find out whether you are an employee (someone who works under an employment contract with defined terms) or a casual worker (someone who works under a contract without the standard employment contract terms). Alternatively, you might be self-employed – working for yourself. 

Some rights apply to both employees and casual workers, but employees have more rights. Acas (the Advisory, Conciliation and Arbitration Service), a government-funded service that helps to resolve workplace disputes, runs a helpline that can answer your questions about employment rights.

Statutory employment rights

If you’re an employee, you are entitled to statutory employment rights including a written statement of employment terms, 28 days of paid annual leave and redundancy compensation if you lose your job. Your contract may include terms and conditions that are more generous than the statutory ones, but if it provides less than the basic protection, this is unlawful and the statutory minimum will apply instead. A contract doesn’t have to be written for you to have rights – if there is no piece of paper, what was agreed verbally will apply.

Your written statement must include your start date, your salary and how it will be paid, hours of work, holiday entitlement and sickness entitlement. For more information about your employer’s obligations, see the guide Your rights at work (PDF 1,088 KB).

Under the Equality Act, you have the right not to be disadvantaged at work because of your age. This means you should have the same terms and conditions and opportunities as younger colleagues, unless your employer can objectively justify otherwise.

Working hours and rest breaks

Your employer cannot force you to work more than 48 hours in a week, and you are entitled to one whole day off a week. You must receive 11 hours of rest between each working day, and you’re entitled to a 20-minute rest break if you work for more than six hours at a stretch. 

Time off and holidays

Employees are entitled to 28 days of annual leave (which can include bank and public holidays) if you’re working full-time, and the same level of holiday pro-rata if you’re part-time (ie. 14 days of annual leave if you work 2.5 days a week). For rules around holiday pay, see the guide Your rights at work (PDF 1,088 KB).

Flexible working

If you’re a carer, you may have the right to ask your employer for flexible working arrangements once a year. This means you could ask to work different hours, or to work from home, and your employer must consider your request and give an objective business reason if they refuse it. You have this right if you care for an adult who is your spouse, civil partner or partner, or another relative, or if the person is living in the same house as you.

Other employees do not currently have the statutory right to request flexible working. However, flexible working can be a good way to make a gradual transition from work to retirement. If you want to continue working but to change the way you work, you may want to discuss your options with your employer – you never know, they may be happy to give you different working hours or offer other flexible arrangements. Common kinds of flexible working include part-time, job-sharing and flexi-time.

If you have any dependants, you are entitled to time off to deal with domestic emergencies – for example, illness or accidents.

Sick Pay

Previously, there was an upper age limit for payment of Statutory Sick Pay, but this has been removed. Once you have been ill for more than four days, you are entitled to SSP for up to 28 weeks, provided you earn above a certain amount per week. For information on amounts, see the guides More money in your pocket: A guide to claiming benefits for people over pension age (PDF 3MB) and Claiming benefits: a guide for people of working age (PDF 1MB). In reality, most employers will pay more than they are legally required to, but SSP is an important safeguard. After 28 weeks, SSP will end and you will need to claim either Employment and Support Allowance (if you are under State Pension age) or your State Pension.

Promotions, transfers and training

Your employer cannot deny you access to promotion or transfer because of your age. This also applies to training opportunities. For example, your employer cannot refuse to offer you a training course that they are offering other staff simply because they think you won’t be working there much longer.

Dismissal and redundancy

Your employer can no longer force you to retire, but they can dismiss you if they have a fair reason to. They can also make your role redundant. Legally, employers must follow certain procedures for both of these. For information on these procedures and what to do if your employer does not follow the correct procedure, see dealing with disputes at work.

Disability discrimination

If you have a disability, you have the same general employment rights as other workers, but there are also some special provisions. It is against the law for your employer to discriminate against you for a reason related to your disability.

Your employer has a duty to make reasonable adjustments to the workplace to enable you to do your job.  For example, this could be installing equipment such as software to help you use the computer, changing your working hours, or giving you extra time to carry out an assessment for promotion.  If you need extra help due to your disability, you may be entitled to Working Tax Credit. In certain circumstances, you can claim it when you’re absent from work. For more information on benefits, visit claiming benefits and the guide Claiming benefits: a guide for people of working age (PDF 1MB).

For further information:

 Download the guide Your rights at work (PDF 1,088KB)

 Download the factsheet Rights at work (PDF 262 KB)

 Download the factsheet Dealing with disputes at work (PDF 185 KB)