Statutory annual leave entitlement — 5.6 weeks under the Working Time Regulations 1998
Every worker in the United Kingdom is entitled to 5.6 weeks of paid annual leave per leave year under the Working Time Regulations 1998 (SI 1998/1833, as amended). This translates to 28 days for a full-time worker on a five-day week; part-time and irregular-hours workers receive the same 5.6-week entitlement on a pro-rata or accrual basis.
The 5.6-week minimum is split into two tiers with different carry-over and payment-in-lieu rules:
1. Core 4 weeks' leave (Regulation 13) Regulation 13(1) of the Working Time Regulations 1998 provides that a worker is entitled to four weeks' annual leave in each leave year. This component derives from the EU Working Time Directive (Directive 2003/88/EC, which consolidated Directive 93/104/EC) and is the irreducible statutory floor across all EU and UK-retained frameworks. The four weeks may only be taken in the leave year in which it is due and may not be replaced by a payment in lieu except on termination of employment (Regulation 13(9)(b)). Limited carry-over is permitted where the worker was unable to take leave due to statutory family leave (maternity, adoption, shared parental leave, etc.) or sickness (Regulation 13(14) and (15)); in those cases untaken leave carries forward into the following year, with sick-leave carry-over capped at 18 months from the end of the original leave year (Regulation 13(15)).
2. Additional 1.6 weeks' leave (Regulation 13A) Regulation 13A, inserted by the Working Time (Amendment) Regulations 2007 (SI 2007/2079) and phased in between October 2007 and April 2009, grants an additional 1.6 weeks' leave (8 days for a five-day worker) to bring the total UK statutory entitlement to 5.6 weeks. The aggregate is capped at 28 days regardless of working pattern (Regulation 13A(3)): a worker on a six-day week still receives only 28 days in total, not 33.6. The 1.6-week tranche may not be replaced by payment in lieu except on termination (Regulation 13A(6)), but—unlike the core four weeks—a relevant agreement (collective or workforce agreement) may permit carry-over of the 1.6 weeks into the immediately following leave year (Regulation 13A(7)).
Part-time and irregular-hours workers Part-time workers on regular hours are entitled to 5.6 weeks calculated as days worked per week × 5.6. For example, a three-day-per-week worker receives 16.8 days' leave annually. For irregular-hours workers and part-year workers (defined in Regulation 15B, effective for leave years beginning on or after 1 April 2024), leave accrues at 12.07% of hours worked in each pay period, up to the 5.6-week cap. The 12.07% figure is derived from 5.6 ÷ 46.4 (the 52-week year less 5.6 weeks' holiday). These workers' entitlement at any point equals leave accrued plus any carried forward, minus leave taken (Regulation 15B(2) and (3), inserted by the Employment Rights (Amendment, Revocation and Transitional Provision) Regulations 2023, SI 2023/1451).
Bank holidays and the 28-day total There is no separate statutory right to paid bank holidays. The 5.6 weeks (28 days) is the total statutory minimum; employers may include the eight typical UK bank holidays within that 28-day envelope or provide them in addition. The contract or staff handbook governs whether bank holidays are extra or inclusive.
Payment and enforcement Holiday pay is calculated under Regulation 16 at the rate of a week's pay (defined by reference to Employment Rights Act 1996 sections 221–224, as modified). For entitlement under Regulations 13 and 15B, the reference period for averaging variable pay was extended to 52 weeks (or the period of employment if shorter) by the Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (SI 2018/1378), effective 6 April 2020. Workers who are not receiving their statutory leave entitlement may bring claims in the employment tribunal; employers who fail to recognise leave rights or give reasonable opportunity to take leave trigger automatic carry-forward into the next year (Regulation 13(16) and (17)).
Cross-border and PE considerations For an employer outside the UK hiring a worker resident in the UK, the Working Time Regulations 1998 apply if UK employment law governs the relationship (determined by the worker's habitual place of work, the law chosen in the contract, and the jurisdiction with the closest connection). A foreign employer with no UK entity that hires a UK-based remote worker is not automatically exposed to UK permanent-establishment risk solely by reason of that worker's presence; however, depending on the worker's seniority, decision-making authority, and whether the employer maintains a fixed place of business in the UK, PE and corporation-tax exposure under the OECD Model Tax Convention Article 5 may arise and should be assessed separately under HMRC guidance.
Source: The Working Time Regulations 1998 (SI 1998/1833) Source: Working Time Regulations 1998 — Regulation 13 (entitlement to annual leave) Source: The Working Time (Amendment) Regulations 2007 (SI 2007/2079) Source: Holiday entitlement — GOV.UK
Statutory Sick Pay — employer-funded payment from day one under the Employment Rights Act 2025 reforms
Every employee in the United Kingdom who is unable to work due to illness is entitled to Statutory Sick Pay (SSP), a minimum employer-funded payment during sickness absence. The SSP framework was radically reformed by the Employment Rights Act 2025, with the core changes effective 6 April 2026: the three-day unpaid waiting period was abolished, the Lower Earnings Limit (LEL) was removed, and a new earnings-linked calculation was introduced for lower-paid workers. SSP is now payable from the first qualifying day of sickness and applies to all employees regardless of earnings—a change that brought an estimated 1.3 million additional workers into eligibility, including part-time and lower-paid staff previously excluded.
Legislative foundation and employer liability SSP is governed by Part XI of the Social Security Contributions and Benefits Act 1992 (SSCBA 1992). Section 151(1) establishes the employer's liability: where an employee has a day of incapacity for work in relation to their contract of service, the employer must pay SSP if the statutory conditions are satisfied. The Employment Rights Act 2025 sections 10–13 amended SSCBA 1992 to remove the three-day waiting period (section 10), eliminate the LEL (section 11), and introduce an earnings-proportionate rate for low earners (section 12). These amendments came into force on 6 April 2026 under the Employment Rights Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026 (SI 2026/373).
The employer bears the full cost of SSP; there is no general statutory mechanism to reclaim SSP from government (the historic rebate scheme was abolished in 2014). Employers pay SSP directly through payroll, subject to PAYE income tax and Class 1 National Insurance contributions in the usual manner.
Eligibility: who qualifies for SSP An employee is eligible for SSP if they:
- Are classed as an employee for tax purposes (anyone whose tax is paid via PAYE, including employees, agency workers, and certain casual workers on zero-hours contracts). Self-employed workers who pay tax through self-assessment are not eligible.
- Have done some work for the employer under the contract of service; SSP does not apply before the employee starts work.
- Have notified the employer of sickness within any deadline the employer has set, or within seven days if no deadline is specified.
The earnings threshold was removed effective 6 April 2026. Before that date, employees needed average weekly earnings of at least £125 per week (the LEL for 2025–26) to qualify; that requirement no longer applies.
When SSP is payable: period of entitlement and qualifying days SSP is payable for each qualifying day that falls within a period of entitlement. Qualifying days are the days an employee would normally be required to work; for example, a Monday-to-Friday worker who is sick on a Thursday has Thursday (and any subsequent working days of absence) as qualifying days. If an employee has no regular working pattern, the employer and employee should agree which days count as qualifying days (SSCBA 1992, s.154; Statutory Sick Pay (General) Regulations 1982, reg. 7).
A period of entitlement begins on the first day of a period of incapacity for work and ends when the employee:
- returns to work and is no longer incapable of work;
- reaches the maximum 28 weeks of SSP in a single period of entitlement (SSCBA 1992, s.155); or
- has their contract of service end.
Before 6 April 2026, a period of incapacity for work required four or more consecutive days of sickness, and the first three qualifying days (waiting days) were unpaid. The Employment Rights Act 2025 section 10 removed those waiting days, so SSP is now payable from the first qualifying day of any absence. A period of incapacity for work now arises from one or more consecutive days of sickness. If an employee returns to work and falls sick again within eight weeks, the absences are linked and treated as a single period of entitlement; the 28-week maximum continues to run, and no new waiting period applies (though waiting periods no longer exist in any case).
SSP rate: flat rate vs. 80% of earnings The weekly SSP rate from 6 April 2026 is the lower of:
- £123.25 per week (the flat statutory rate for the 2026–27 tax year, uprated from £118.75 in 2025–26); or
- 80% of the employee's average weekly earnings (AWE).
The 80% calculation applies to employees whose earnings are low enough that 80% of AWE is less than the flat rate. For example:
- An employee earning £200 per week: 80% = £160, so SSP = £123.25 (the flat rate is lower).
- An employee earning £135 per week: 80% = £108, so SSP = £108 (80% is lower).
Average weekly earnings are calculated using the eight weeks before the sickness absence began (or the period of employment if shorter). The daily rate of SSP is the weekly rate divided by the number of qualifying days in the week; for example, a five-day worker entitled to £123.25 per week receives £24.65 per qualifying day of sickness.
The introduction of the 80% floor (Employment Rights Act 2025, s.12) ensures that newly eligible low earners do not receive a windfall payment disproportionate to their usual wage, while the cap at the flat rate maintains a ceiling on employer liability for higher earners.
Maximum entitlement: 28 weeks An employee may receive SSP for a maximum of 28 weeks in any single period of entitlement (or any linked series of periods). Once 28 weeks of SSP have been paid, entitlement ceases even if the employee remains sick; the employee may then be eligible for Employment and Support Allowance (a state benefit administered by the Department for Work and Pensions). The 28-week clock resets only after the employee has returned to work and remained continuously at work for eight full weeks without further sickness absence.
Evidence and notification requirements Employees may self-certify sickness for the first seven days (including non-working days such as weekends). For absences longer than seven days, the employer may require medical evidence such as a fit note (formerly a sick note) from a GP or other healthcare professional. The employer sets its own notification deadline (for example, "report sickness before 10 a.m. on the first day of absence"), provided it is reasonable; if no deadline is set, the statutory fallback is notification within seven days.
Interaction with occupational sick pay and contractual rights SSP is the statutory minimum. Many employers provide occupational sick pay (also called company sick pay or contractual sick pay) at a higher rate or for a longer period; such schemes are governed by the employment contract or workplace policy. Any occupational scheme must provide at least the SSP entitlement; an agreement that purports to exclude, limit, or require the employee to contribute towards SSP costs is void under SSCBA 1992, s.151(2). Where an employer pays occupational sick pay that equals or exceeds SSP, the SSP entitlement is satisfied and no separate SSP payment is due.
Cross-border and permanent-establishment considerations for foreign employers A foreign employer with no UK entity that hires a UK-resident employee is subject to UK employment law (including the SSP obligation) if the employee habitually works in the UK or if UK law governs the employment relationship under conflict-of-laws principles (typically determined by the worker's habitual place of work and the law chosen in the contract, with the Rome I Regulation framework applying pre-Brexit contracts and retained EU law principles for post-Brexit contracts until superseded by domestic choice-of-law rules).
The mere presence of a UK-based employee does not automatically create a UK permanent establishment (PE) for corporation-tax purposes under the OECD Model Tax Convention Article 5, but a foreign employer should assess PE risk if the UK employee has decision-making authority, concludes contracts on behalf of the employer, or the employer maintains a fixed place of business in the UK. HMRC guidance on PE and the UK's domestic PE rules (Corporation Tax Act 2009, Part 24) govern the analysis; SSP and employment-law compliance are separate from, but often contemporaneous with, the PE inquiry.
Enforcement and penalties The Fair Work Agency, launched 7 April 2026, has enforcement powers over SSP. Employers who fail to pay SSP face a penalty of 200% of the underpaid amount, capped at £20,000 per worker, with up to six years of back liability. Employers may also be publicly named. Employees who believe they have been underpaid SSP may bring a claim to an employment tribunal or, from April 2026 onward, lodge a complaint with the Fair Work Agency.
Transitional provisions for absences spanning 6 April 2026 For employees who were already off sick before 6 April 2026 and remained off on or after that date, the Employment Rights Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026 provide that:
- Employees who had not yet completed the three waiting days by 6 April 2026 become entitled to SSP from 6 April for any qualifying day on or after that date (reg. 3).
- Employees whose average weekly earnings were between £125 and £154.05 (the old LEL and the threshold above which the flat rate is always lower than 80% of earnings) and who were already receiving SSP before 6 April continue to receive the uprated flat rate of £123.25 until they return to work, exhaust their 28-week entitlement, or reach the statutory maternity pay exclusion period (reg. 4). This transitional protection prevents a cliff-edge reduction in payment for workers mid-absence.
Source: Social Security Contributions and Benefits Act 1992, Part XI (Statutory Sick Pay) Source: Social Security Contributions and Benefits Act 1992, Section 151 (Employer's liability) Source: Employment Rights Act 2025 (Commencement No. 3 and Transitional Provisions) Regulations 2026 (SI 2026/373) Source: Statutory sick pay — GOV.UK
Statutory Maternity Pay — 39 weeks' employer-funded payment at 90% for six weeks, then £194.32 flat rate from 6 April 2026
Every employee in the United Kingdom who meets statutory qualifying conditions is entitled to Statutory Maternity Pay (SMP), an employer-funded payment for up to 39 weeks during maternity leave. SMP is paid in two key phases:
Weeks 1–6: 90% of average weekly earnings (no cap) For the first six weeks, SMP is paid at 90% of the employee’s average weekly earnings, calculated over the eight-week period immediately before the qualifying week. There is no upper limit for this portion.
Weeks 7–39: £194.32 per week (flat rate) or 90% of earnings, whichever is lower For the following 33 weeks, the weekly amount is the lower of £194.32 or 90% of the employee’s average weekly earnings. The statutory flat rate was increased from £187.18 to £194.32 effective 6 April 2026 for the 2026–27 tax year. Employees whose 90% earnings are less than £194.32 continue to receive the lower figure. The new rate applies to SMP pay periods that include any week after 6 April 2026; where a maternity pay period spans tax years, the rate steps up at the first pay period after the effective date under HMRC rules.
Payment, eligibility, and cross-year periods SMP is subject to tax and NI and is paid through payroll. For maternity absences that span the changeover between tax years (5 April–6 April), the new rate is applied only from the relevant week. The overall maximum statutory SMP remains 39 weeks; statutory maternity leave remains 52 weeks, with no SMP payable for the final 13 weeks unless covered by enhanced (contractual) maternity pay.
Material change: This update reflects the new statutory flat rate of £194.32 per week in force from 6 April 2026, as confirmed in GOV.UK statutory pay guidance for employers. The previous rate of £187.18 is no longer current for leave periods beginning or spanning the new tax year.
Source: Statutory Maternity Pay: Pay — GOV.UK Source: Rates and thresholds for employers 2026 to 2027 — GOV.UK Source: Social Security Contributions and Benefits Act 1992, Part XII (Statutory Maternity Pay) Source: The Statutory Maternity Pay (General) Regulations 1986 (SI 1986/1960) Source: The Social Security and Statutory Maternity Pay (Evidence of Pregnancy and Compensation of Employers) (Amendment) Regulations 2026 (SI 2026/201)
Statutory Paternity Pay and Leave — entitlement, qualifying criteria, and rates as of 2026
Statutory Paternity Pay (SPP) and leave provide eligible employees in the United Kingdom with time off and paid benefits following the birth or adoption of a child. The regime is governed by the Employment Rights Act 1996, sections 80A–80E (leave) and the Social Security Contributions and Benefits Act 1992, Part XIIZA (pay), with key procedural and calculation rules in the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 (SI 2002/2780).
Entitlement to Paternity Leave Eligible employees may take up to two weeks' statutory paternity leave, which can be taken as either a single block or two separate one-week blocks for births and adoptions on or after 6 April 2024. This flexibility is set out in the Paternity Leave (Amendment) Regulations 2024 (SI 2024/196), supplementing ERA 1996, s.80A. Leave must be completed within 52 weeks of the birth or placement. Employees must give notice at least 15 weeks before the expected week of childbirth, or within 7 days of adoption notification.
Qualifying Criteria To qualify, the employee must: • Be the child’s biological father, the mother’s (or adopter's) spouse or partner, or the intended parent in a surrogacy case (ERA 1996, s.80A); • Have at least 26 weeks’ continuous employment by the end of the 15th week before the expected week of childbirth (or adoption match week).
Statutory Paternity Pay (SPP) Rate Section 171ZA SSCBA 1992 provides that SPP is paid for up to two weeks at the lower of: • 90% of the employee’s average weekly earnings (AWE), or • the statutory standard rate (set by annual regulations).
For the 2026–27 tax year, the SPP rate is now formally enacted at £194.32 per week (or 90% of AWE if lower), effective for pay periods starting on or after 6 April 2026. If 90% of AWE is less than the standard rate, the lower amount is paid. SPP is subject to PAYE tax and National Insurance contributions.
Employer Recovery and Compensation Employers may recover most (92%) or, if a small employer, 109% of SPP paid through PAYE/NIC remittances (SSCBA 1992, s.171ZD; government confirmed the uplift for small employers from April 2026). If remittances are insufficient, HMRC refunds the balance. Rates and recovery rules are confirmed by annual employer bulletins and the official rates table.
Notice and Evidence Employees must provide at least 28 days' notice for SPP start and submit a statutory declaration (form SC3 for birth, SC4 for adoption) confirming eligibility and relationship (SPP Regs 2002). Employers may not require medical evidence, only the self-certificate.
Interaction with Enhanced Paternity Pay Many employers provide contractual (occupational) paternity pay at a higher rate; as long as the statutory minimum is met, these can offset SPP.
Cross-Border and Foreign Employer Note A UK-based employee of a foreign employer is entitled to SPP if UK law governs the employment relationship and habitual workplace is the UK. Where statutory and guidance sources are silent on extraterritorial application, entitlement turns on conflict-of-law analysis (typically habitual place of work in the UK and governing law in the contract).
Source: Employment Rights Act 1996, Sections 80A–80E Source: Social Security Contributions and Benefits Act 1992, Part XIIZA Source: Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 Source: Paternity Leave (Amendment) Regulations 2024 (SI 2024/196) Source: Statutory paternity pay and leave: Pay — GOV.UK
Statutory Adoption Pay and Leave — eligibility, pay rates, and notice requirements
Statutory Adoption Pay (SAP) and Statutory Adoption Leave (SAL) entitle eligible employees in the United Kingdom to paid and unpaid leave when adopting a child or entering into a surrogacy arrangement. Adoption leave is governed by the Employment Rights Act 1996, sections 75A–75G, while statutory pay is governed by Part XIIZA of the Social Security Contributions and Benefits Act 1992 and the Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 (SI 2002/2780).
Statutory Adoption Leave (SAL):
- Eligible employees are entitled to up to 52 weeks' leave—26 weeks of "ordinary adoption leave" and 26 weeks of "additional adoption leave" (ERA 1996, s.75A). Only one person per couple may take adoption leave; the other may be eligible for paternity leave.
SAP eligibility (SSCBA 1992, s.171ZL, s.171ZN; SPP & SAP Regs 2002, Regs 8–10):
- The employee must be newly matched with a child for adoption by a UK agency, or have a parental order for surrogacy.
- They must have 26 weeks’ continuous employment with their employer by the matching week (adoption) or 15th week before due date (surrogacy).
- Their average weekly earnings must not be less than the current Lower Earnings Limit (LEL) for National Insurance contributions—£123/week for the 2026–27 tax year, as confirmed by government rates guidance (see below).
- Notice and evidence must be given within statutory deadlines (typically within 7 days of being matched and supported with a matching certificate or equivalent, SPP & SAP Regs 2002, Regs 12–14).
SAP rates and duration:
- For the first 6 weeks, SAP is paid at 90% of the employee's average weekly earnings (AWE), no upper cap (SSCBA 1992, s.171ZR).
- For up to 33 further weeks, SAP is paid at the lower of 90% of AWE or the standard weekly rate in force. For the 2026–27 tax year, the standard SAP rate is now £194.32/week—effective 6 April 2026 (confirmed by GOV.UK employer rates and thresholds guidance).
SAP is subject to income tax and National Insurance.
Employer recovery:
- Employers may recover 92% of SAP paid through PAYE credits, or 109% if they are a "small employer" (total Class 1 NI under £45,000), effective from April 2026 (see rates guidance below).
Interaction with contractual adoption pay:
- Employers may offer enhanced (contractual) adoption pay, but under the statutory framework, contractual entitlements cannot fall below statutory SAP (SSCBA 1992, s.171ZN; Regs 2002).
Territorial scope and cross-border context:
- SAP and SAL apply if UK law governs the employment and the workplace is ordinarily in the UK. Where the statutes or regulations are silent, entitlement follows conflict-of-law principles (typically habitual place of work and contract law).
Important note on citations:
- As of June 2026, the direct official URLs for Part XIIZA of the Social Security Contributions and Benefits Act 1992 and the sections of the Employment Rights Act 1996 covering adoption leave are not accessible on legislation.gov.uk. The statutory citations remain accurate, but the links could not be replaced. All other sources have been verified as live and primary.
Source: Social Security Contributions and Benefits Act 1992, Part XIIZA (Statutory Adoption Pay) (official URL temporarily unavailable) Source: Employment Rights Act 1996, Sections 75A–75G (Adoption Leave) (official URL temporarily unavailable) Source: Statutory Paternity Pay and Statutory Adoption Pay (General) Regulations 2002 Source: Statutory adoption pay — GOV.UK Source: Rates and thresholds for employers 2026 to 2027 — GOV.UK
Statutory Parental Bereavement Leave and Pay — eligibility, entitlements, and confirmed pay structure
Statutory Parental Bereavement Leave and Pay ("Jack's Law") gives eligible employees in the United Kingdom the right to unpaid and paid leave following the death of a child under 18 or a stillbirth after 24 weeks’ pregnancy. The statutory framework is found in the Employment Rights Act 1996 (sections 80EA–80EG, as inserted by the Parental Bereavement (Leave and Pay) Act 2018) and the Statutory Parental Bereavement Pay (General) Regulations 2020 (SI 2020/249).
Leave Entitlement
- Any employee who is the parent (including adopters, intended parents in surrogacy, and some wider categories such as foster parents and certain carers: see ERA 1996, s.80EA) of a child who dies under 18, or suffers a stillbirth after 24 weeks, is entitled to parental bereavement leave under ERA 1996, s.80EB.
- There is no qualifying period of employment and the right to leave is available from the first day of employment.
- Employees can take up to two weeks of leave. Leave can be taken as a single block or as two separate one-week blocks at any point within 56 weeks of the child's death or stillbirth (ERA 1996, s.80EB(2)-(3)).
- Notice to the employer must be given before taking leave, or as soon as practicable if not possible in advance. The notice requirements are set out in the 2020 Regulations, reg. 6. Notice for leave to be taken soon after the death/stillbirth can be given up to when the employee is due to start work on the first day of leave; for later periods, at least one week’s notice is typically required.
Statutory Parental Bereavement Pay (SPBP) – Eligibility and Amount
- SPBP is available if the employee:
- Has at least 26 weeks’ continuous employment with their employer by the end of the week before the child’s death or stillbirth;
- Has average weekly earnings not less than the Lower Earnings Limit (LEL) for National Insurance for the relevant tax year. The LEL is set annually by order; latest figure must be checked for the current year. Unable to confirm as of 2026-06-16.
- Gives notice and a declaration of entitlement within 28 days of the leave start or as soon as reasonably practicable (SI 2020/249, regs. 7–9).
- SPBP is paid for up to two weeks—matching the amount of leave taken—at the lesser of:
- 90% of average weekly earnings; or
- the statutory flat rate for the year (for the 2025–26 tax year, £187.18/week; unable to confirm statutory rate for 2026–27 as of 2026-06-16).
- SPBP is subject to PAYE tax and National Insurance deductions.
Employer Reimbursement
- Employers may reclaim 92% of SPBP paid through PAYE returns, or a higher percentage if classed as a “small employer” (previously 103%; government announcements have signalled a rise to 109% from April 2026, but the SI confirming this for SPBP is not yet in force as of 2026-06-16).
Interaction with Other Statutory Family Leave
- Parental bereavement leave cannot run concurrently with another period of statutory family-related leave such as maternity, paternity, adoption, or shared parental leave (SI 2020/249, reg. 19). However, parental bereavement leave may be taken immediately before or after another type of leave if the employee is eligible.
Scope and Cross-Border Application
- These rights apply to employees whose employment is governed by UK law, typically where the place of work is in the UK and the contract is subject to UK legislation. Territorial scope may also be affected by choice-of-law clauses and developing case law; the mere presence of a UK-based bereaved employee does not in itself create additional tax or PE risks for foreign employers, but corporation tax exposure should be separately considered.
Enforcement
- Employees may bring a tribunal claim if leave or pay is refused, generally within three months of the alleged breach. HMRC has enforcement powers for SPBP compliance.
Source: Employment Rights Act 1996, Part XIIZD (Statutory Parental Bereavement Leave and Pay) Source: Statutory Parental Bereavement Pay (General) Regulations 2020 (SI 2020/249) Source: Parental Bereavement Leave and Pay Act 2018
Workplace Pension Auto-Enrolment — employer duties, eligibility categories, and minimum contributions under the Pensions Act 2008
United Kingdom employers—including foreign companies hiring a UK-based worker for the first time—face a statutory duty to automatically enrol certain staff in a qualifying workplace pension scheme and fund minimum contributions. This requirement, introduced by the Pensions Act 2008 and enforced by The Pensions Regulator, is of immediate effect from the first UK hire and is a core compliance item for HR or payroll leads entering the UK market.
Who must be auto-enrolled? Categories and eligibility Employers must auto-enrol every 'eligible jobholder,' defined by Pensions Act 2008 ss. 1–3, 6–8 as someone who:
- Is aged 22 up to State Pension Age;
- Ordinarily works in the UK under their contract; and
- Earns more than the 'earnings trigger' for auto-enrolment (£10,000/year for the 2023–24 and 2024–25 tax years; confirmed by annual Order).
There are two additional statutory categories:
- 'Non-eligible jobholders' (aged 16–21 or State Pension Age–74, or earning above the lower qualifying earnings limit but below the trigger): must be offered the chance to opt in and receive employer contributions if they do.
- 'Entitled workers' (earning below the lower qualifying earnings limit): have the right to join a pension but not to compulsory employer contributions.
Eligibility must be assessed on the worker's payroll reference period (per The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010). Agency, part-time, and some contractor staff are covered if they satisfy these tests.
Timing and employer steps Since 2018, employers must assess and fulfil their auto-enrolment obligation from the start of their first PAYE payroll—there is no longer any "staging" by employer size. Duties include:
- Assessing each worker's status and pay for eligibility;
- Auto-enrolling eligible jobholders and issuing statutory written communications;
- Making initial pension contributions from the first applicable pay period;
- Filing a "declaration of compliance" with The Pensions Regulator (within five months of becoming an employer); and
- Reassessing/re-enrolling every three years (mandatory re-enrolment).
Minimum statutory contributions From April 2019 onward (and as of June 2026), the minimum is 8% total of "qualifying earnings" (as per Pensions Act 2008 s. 13 and Regs 2010), of which at least 3% must come from the employer. Qualifying earnings are banded: for the 2024–25 tax year, between £6,240 and £50,270 per year (confirmed by Order; subject to review each year in April). Annual Orders set updated thresholds, which must be checked on gov.uk.
Opt-out and re-enrolment Workers may opt out within one month; employer must keep records and refund any employee pension deductions made. All previously opted-out jobholders must be re-enrolled every three years, even if they do not request it.
Penalties and enforcement Failure to comply risks civil penalties: fixed penalty (£400), escalating penalty (up to £10,000 per day for large employers), and up to £50,000 for wilful non-compliance (Pensions Act 2008 ss. 40–47). The Pensions Regulator actively enforces with escalating sanctions and can publicise non-compliance.
Foreign employers Foreign companies employing UK-based workers must comply if the worker has a UK contract and is paid via UK payroll. This usually triggers PAYE registration regardless of entity status.
Source: Pensions Act 2008 Source: The Occupational and Personal Pension Schemes (Automatic Enrolment) Regulations 2010 Source: Automatic enrolment workplace pension duties — The Pensions Regulator
Time off for dependants — unpaid emergency leave for family and dependants under ERA 1996 s.57A
The Employment Rights Act 1996, section 57A, entitles every employee in the United Kingdom to take a reasonable amount of unpaid time off to deal with certain emergencies involving dependants. This statutory right, commonly referred to as “time off for dependants,” is available from day one of employment and applies irrespective of the length of service, hours worked, or type of contract (ERA 1996, s.57A(1)).
Scope of the statutory right Under s.57A(1), an employee is entitled to take time off where it is necessary:
- to provide assistance if a dependant falls ill, gives birth, is injured, or assaulted;
- to make arrangements for the care of a dependant who is ill or injured;
- in consequence of the death of a dependant;
- because of the unexpected disruption or termination of arrangements for the care of a dependant;
- to deal with an incident involving a child of the employee during school hours.
A “dependant” is defined at s.57A(3) to mean: a spouse, civil partner, child, parent, person living in the same household (excluding employees, tenants, lodgers, boarders), or someone who reasonably relies on the employee for care/assistance (such as an elderly relative).
Duration and limits The statute does not prescribe a fixed duration for each emergency. Instead, the leave must be “reasonable” in all the circumstances of the emergency (s.57A(1)), typically ranging from a few hours to—at most—a couple of days. The right is not intended for ongoing care or pre-planned absences, but to enable the employee to deal with the immediate emergency and arrange longer-term solutions if needed. Employers are not required to pay employees for this time off, unless contractual or workplace policies provide otherwise (s.57A(4)).
Procedural requirements Employees must inform the employer as soon as reasonably practicable of the reason for the absence and (if possible) the expected duration (s.57A(2)). Failure to notify may disentitle the employee from protection against detriment or dismissal associated with exercising this right (ERA 1996, s.57B).
Protection from detriment and dismissal Section 57B prohibits employers from subjecting employees to a detriment (such as disciplinary action or loss of benefits) for exercising their right to time off for dependants. Dismissal for taking or seeking to take this leave is automatically unfair, regardless of service length (ERA 1996, s.99; Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, SI 1994/1623).
Cross-border and foreign employer context This statutory right applies to any employee whose employment is governed by UK law, including UK-based employees of foreign employers. The right arises automatically and is non-waivable, and applies from day one.
Ordinary Parental Leave — up to 18 weeks unpaid per child (Employment Rights Act 1996 ss.76–80)
The United Kingdom provides a statutory right to "ordinary parental leave," which is unpaid time off to care for a child—distinct from statutory maternity, paternity, and shared parental leave. The right is found in sections 76–80 of the Employment Rights Act 1996 (ERA 1996), with detailed provisions in the Maternity and Parental Leave etc. Regulations 1999 (SI 1999/3312).
Material change, effective 6 April 2026: From 6 April 2026, the eligibility requirement for ordinary parental leave was lowered: all employees are entitled to parental leave from their first day of employment, removing the prior minimum of 12 months continuous service (see Employment Rights (Day One Parental Leave) Regulations 2026, SI 2026/509, which amended ERA 1996 s.80F). Requests made after 6 April 2026 are governed by the new day-one rule. Employees who made leave requests before this date are still subject to the old service requirement. Guidance remains explicit—there is no qualifying period for applications made on or after the implementation date.
Eligibility criteria
- Employee status (as defined by ERA 1996);
- Parental responsibility for a child under 18 (Children Act 1989, s.3). The leave is available per child, not per employment.
Amount and structure of leave
- Maximum of 18 weeks unpaid leave per child under age 18 (ERA 1996, s.76).
- Maximum of 4 weeks per child per year, unless employer allows more (Reg. 14(3), SI 1999/3312).
- Standard leave block is at least one week (consecutive days), but the parent of a child with a disability may take leave in single days (Reg. 14(2)(b)).
- Must give at least 21 days' notice before the intended start.
- Leave must be taken to care for the child; employers may require evidence of parental responsibility, especially for newer employees.
Employer postponement rights Employers may postpone a leave request (for up to six months) if taking leave as requested would unduly disrupt the business (Reg. 15). However, leave may not be postponed immediately following birth/adoption or where leave is synchronized with those events.
Job and protection rights
- Return to the same job (or suitable alternative), protection from detriment, and automatic unfair dismissal protection apply (ERA 1996 ss.80B–80C, 80F(2)-(3)).
- These protections are unchanged by the 2026 amendment.
Cross-border and foreign employer context The right applies to employees governed by UK law, including those of foreign employers with a UK-based workforce.
Authority update This section was updated to reflect the new day-one eligibility rule effective 6 April 2026. Previous versions, major practice guides (ACAS, Government, LexisNexis), and legislation.gov.uk all confirm.
Source: Employment Rights Act 1996, sections 76–80 (Parental Leave) Source: Maternity and Parental Leave etc. Regulations 1999 (SI 1999/3312) Source: Employment Rights (Day One Parental Leave) Regulations 2026 (SI 2026/509)
Statutory Redundancy Pay — eligibility, calculation, and caps under the Employment Rights Act 1996
Statutory Redundancy Pay (SRP) entitles certain employees in the United Kingdom to a financial payment when dismissed by reason of redundancy. The right is set out in Part XI of the Employment Rights Act 1996 (ERA 1996), primarily in sections 135–162. SRP applies only to employees (not workers or self-employed) with at least two years’ continuous employment at the date of dismissal (ERA 1996, s.155(1)).
Eligibility An employee qualifies for redundancy pay if:
- They have at least two years’ continuous service;
- They are dismissed (that is, their contract ends) by reason of redundancy as defined in ERA 1996 s.139 (i.e., closure of the business, relocation, or reduced requirements for employees to carry out work of a particular kind).
Redundancy pay may be withheld in cases of gross misconduct or where the employee unreasonably refuses suitable alternative employment (ERA 1996, ss.140–141).
Amount: statutory formula and weekly pay cap The redundancy payment is calculated as:
- 1.5 weeks’ pay for each completed year of service over the age of 41;
- 1 week’s pay for each completed year of service aged 22–40;
- 0.5 week’s pay for each completed year under age 22.
A maximum of 20 years’ service is counted (ERA 1996, s.162(3)). The “week’s pay” is subject to a statutory cap, set by regulations and revised each April. As of 6 April 2026, the maximum week’s pay for redundancy pay is £700 (Unable to confirm as of 2026-06-16; confirm the latest cap from the relevant annual regulations).
Tax and timing SRP up to £30,000 is generally tax-free. Payment should be made at the time of dismissal; failure triggers a tribunal claim under ERA 1996, Part XI.
Exclusions No SRP is due if: the employee is below two years’ service; is offered and unreasonably refuses suitable alternative employment; is dismissed for gross misconduct; is a share fisherman; or is a domestic servant in a private household of the employer (ERA 1996, s.159).
Cross-border context SRP applies to UK-based employees if UK law governs the contract (usually determined by the place of work, contract terms, and habitual work location). Foreign employers dismissing UK-based staff must comply if so governed.
Time off for public duties and jury service — statutory right to unpaid leave under ERA 1996 sections 50, 100, and 104
The Employment Rights Act 1996 grants UK employees statutory rights to unpaid time off to perform certain public duties, including service as a magistrate, school governor, or local councillor, and provides strong dismissal and detriment protections for employees called for jury service. These entitlements are independent from annual leave, family leave, and sick pay, and are non-waivable for employees governed by UK law.
## Public duties: section 50 Under section 50 of the ERA 1996, an employee is entitled to a “reasonable” amount of unpaid time off during working hours to perform duties as a:
- Justice of the Peace (magistrate),
- Member of a local authority (e.g., local councillor),
- Member of any statutory tribunal,
- Governor of a maintained school,
- Member of a relevant health body (such as an NHS trust),
- Member of certain environmental or education agencies, or
- Member of a prison independent monitoring board or the Scottish Prison Monitoring body.
There is no fixed cap on the amount of time off; reasonableness depends on the duty, the employer’s circumstances, and the frequency/amount of prior absences (ERA 1996 s.50(4)). Employers must not unreasonably refuse requests. Employees should notify their employer as soon as practicable and may be asked for proof of the public role (s.50(6)). Detriment or dismissal for exercising this right is automatically unfair (ERA 1996 s.50(7), s.104(2)). Disputes may be brought before an employment tribunal (s.51).
## Jury service protections: sections 100, 104 UK employees summoned for jury service must be allowed unpaid time off for the required period. While the ERA does not set out a specific “jury service leave” section, dismissal or subjecting an employee to detriment for having been absent from work on jury service is automatically unfair (ERA 1996 s.100(1)(b) for detriment, s.104(2) for dismissal). No qualifying period applies—protection arises from day one of employment. There is no statutory right to be paid normal wages during jury service, but affected employees can claim loss of earnings from the court service (not covered in ERA 1996).
These rights apply to any employment governed by UK law, generally where the habitual workplace is the UK and no contrary choice-of-law applies.
Source: Employment Rights Act 1996, sections 50, 51, 100 & 104
Neonatal Care Leave and Pay — new statutory right for parents of hospitalised newborns under the Neonatal Care (Leave and Pay) Act 2023
Neonatal Care Leave and Pay is a newly created statutory entitlement in the United Kingdom, providing parents with additional time off and statutory pay where their newborn requires an extended hospital stay in the first weeks of life. The regime is set out in the Neonatal Care (Leave and Pay) Act 2023, which amends the Employment Rights Act 1996 (ERA 1996) and the Social Security Contributions and Benefits Act 1992, although the final implementation date and detailed regulations are pending as of June 2026.
Core statutory rights and eligibility
- The Act inserts ERA 1996, s.80EF–80EI, which provides a right to Neonatal Care Leave for employees who meet the qualifying criteria set out in the regulations (to be enacted).
- Employees are eligible if they are parents, or meet a prescribed relationship test, and their child is admitted to hospital for at least 7 consecutive days for neonatal care, starting within 28 days of birth (ERA 1996, s.80EF(3)).
- The right to leave arises from day one of employment — there is no minimum service requirement for the basic leave entitlement (ERA 1996, s.80EF(5)).
Duration and timing
- The Act guarantees a minimum of one week’s leave, with the precise duration to be set by regulations; government consultation and draft regulations propose up to 12 weeks’ leave per child (to be confirmed in final regulations) (ERA 1996, s.80EF(2)).
- Leave must be taken within 68 weeks of the child’s birth and in blocks of at least one week. The purpose is to support families whose child is seriously ill or premature and requires extended neonatal care, supplementing other family leave entitlements (e.g., maternity or paternity leave).
Neonatal Care Pay (NCP)
- Employees with at least 26 weeks’ continuous service by the end of the qualifying week (the week before the neonatal hospital stay starts) who meet average weekly earnings thresholds will qualify for paid Neonatal Care Pay (NCP) during some or all of their leave (Social Security Contributions and Benefits Act 1992, s.171ZZ18–s.171ZZ19).
- The weekly rate of NCP and interaction with other statutory pay will be set by forthcoming regulations, following the Act’s framework. Eligible employees will be able to receive pay for each week of qualifying leave up to the statutory maximum.
Protections and enforcement
- Neonatal Care Leave is protected: dismissal or adverse treatment for taking (or seeking to take) neonatal leave is automatically unfair (ERA 1996, s.80EH–80EI).
- Employees must give notice and evidence in line with regulations (detailed notice requirements are pending statutory instrument).
Implementation and cross-border applicability
- As of June 2026, the enabling Act is in force but implementing regulations (detailing qualifying relationships, documentation, duration, and pay rates) are not yet fully enacted. Employers should monitor www.legislation.gov.uk for commencement SIs and further detail.
- UK-based employees of foreign employers are covered if the employment relationship is governed by UK law; cross-border payroll teams must monitor for regulatory updates.
Source: Neonatal Care (Leave and Pay) Act 2023 Source: Neonatal leave — ERA 1996 as inserted by Neonatal Care (Leave and Pay) Act 2023 s.80EF Source: Neonatal Care Pay — Social Security Contributions and Benefits Act 1992 as amended by the 2023 Act
Bereaved Partner’s Paternity Leave — up to 52 weeks unpaid day-one protection (in force from 6 April 2026)
From 6 April 2026, employees in Great Britain are entitled to Bereaved Partner’s Paternity Leave (BPPL): up to 52 weeks of unpaid, statutory leave if their partner (the child's mother, main adopter, or intended parent as defined in the Regulations) dies within one year of the child's birth or placement. This is a day-one right, requiring no qualifying service.
Material change: The commencement date is now confirmed as 6 April 2026 (not 2025 as previously indicated). The BPPL regime was established by the Bereaved Partner’s Paternity Leave Regulations 2026 (SI 2026/377) and is supported by contemporaneous GOV.UK guidance.
Eligibility and who qualifies
- The employee must, immediately before the bereavement, have been either the child’s biological father, or the spouse, civil partner, or partner of the child’s mother, main adopter, or intended parent (Reg. 3, SI 2026/377). The definition of “intended parent” follows the Surrogacy Arrangements Act 1985 and is tightly construed.
- The bereavement must occur on or after 6 April 2026, within 12 months of the child's birth, adoption, or placement for adoption (Reg. 4).
- BPPL applies only to employees; agency workers and self-employed do not qualify.
- The employee must have main responsibility for the upbringing of the child during leave.
Leave period and sequencing
- BPPL can be taken as a single continuous period of up to 52 weeks. Leave must begin within one year of the child’s birth/placement; if a bereavement occurs during the final 13 days of that year, eligibility extends to 14 days after the bereavement (Reg. 4(4)).
- The leave may immediately follow—never overlap—any period of paternity, maternity, or adoption leave; simultaneous entitlement is not permitted. Neither the regulation nor GOV.UK guidance supports overlapping statutory leaves. If the employee is still on a qualifying period of another statutory leave when the bereavement occurs, BPPL can only be exercised after that period ends.
Notice requirements (Regs. 5–8)
- If leave starts within 8 weeks of bereavement, notice (verbal or written) is due ahead of the first day of absence. For later start dates, written notice is required at least 1 week before, stating the relationship, relevant dates, and that the leave is for BPPL purposes.
Employment rights during BPPL (Regs. 10–13)
- Up to 10 keeping-in-touch (KIT) days are permitted; the employment contract continues (aside from remuneration). Employees on leave of 26 weeks or less are entitled to return to the same job; for longer absences, return must be to the same or a suitable alternative role.
- Employees are protected from detriment, redundancy, or dismissal on grounds related to taking or requesting BPPL. Redundancy protection after BPPL mirrors the extended window applicable to maternity/adoption leave under ERA 1996, s.104.
Employer context and cross-border scope
- BPPL is strictly unpaid. Employers may implement contractual paid leave, but there is no statutory mechanism for recovery of any payment from HMRC. Foreign or non-UK employers with UK-governed employment contracts must comply.
Source: Bereaved Partner’s Paternity Leave Regulations 2026 (SI 2026/377) Source: Bereaved Partner’s Paternity Leave — GOV.UK
United Kingdom — Statutory Sick Pay: current weekly rate, 28‑week cap, and entitlement rules (post‑6 April 2026)
From 6 April 2026, Statutory Sick Pay (SSP) in the United Kingdom is payable at the lower of £123.25 per week or 80% of an employee’s average weekly earnings (AWE), whichever is less. SSP is available from the first qualifying day of sickness—there are no longer any "waiting days"—and applies for up to 28 weeks per “Period of Incapacity for Work” (PIW) or linked PIW series. The three-day unpaid waiting period and the Lower Earnings Limit (LEL) were both abolished by the Employment Rights Act 2025, which took effect on 6 April 2026 (see section 12 and the related commencement order). This means all employees, regardless of earnings, who meet the basic statutory criteria are now covered from day one of sickness absence.
A PIW is a spell of consecutive calendar days—each a day when the employee is incapable of work, irrespective of whether it is a working day or not. Linked PIWs, separated by no more than eight weeks, aggregate for the 28-week maximum; once the maximum is reached in a single PIW or a linked series, SSP entitlement ceases until a fresh PIW is established (with more than eight weeks between absences). These rules are governed by the Social Security Contributions and Benefits Act 1992 (SSCBA 1992), as amended, and detailed in the HMRC Statutory Payments Manual (SPM110500).
Employers must cease SSP payments when (a) the employee returns to work, (b) the 28-week limit is hit, (c) an exclusion applies (e.g., entitlement to statutory maternity pay takes precedence), or (d) the linked PIW series would extend for more than three years. Subsequent unlinked PIWs may start fresh SSP entitlement.
Payroll and HR compliance: Payroll systems must implement day-one SSP, remove LEL-based checks, and respect the capped 28-week period. Cross-border employers with UK-based remote workers should note these rules apply if UK law governs the employment relationship, irrespective of the employer's place of incorporation.
Source: Employer guide to Statutory Sick Pay — GOV.UK Source: SSP weekly rate and 2026 reforms — GOV.UK Source: HMRC Statutory Payments Manual SPM110500