Conditions of employment

Use this series of pages to understand your core legal responsibilities to your employees. For information about an employer’s responsibilities to its volunteers, read our guidance on involving volunteers.

This page is not a substitute for legal advice and doesn’t cover every aspect of employment law. For legal advice, contact an employment lawyer or human resources (HR) specialist.

Employees have the right to a written statement of employment particulars – this sets out the terms of an employment contract in writing. Employers should issue this on or before their employees’ first day.

Read our guidance on employment contracts and written statements.

When you employ someone, you become legally responsible for their health and safety at work.

All employers must:

• conduct a health and safety risk assessment
• share a health and safety poster or leaflet with employees approved by the Health and Safety Executive (HSE).

If you have five or more employees you must have a written health and safety policy, setting out how you manage health and safety in your organisation.

• Download a health and safety poster, leaflet or pocket card from the HSE website.
• NCVO members can also download our editable health and safety risk assessment template.
• The HSE has guidance on how to write a health and safety policy.

All employees with 26 weeks’ service or more have the right to apply for flexible working.

For more guidance, see our page on flexible working.

Employees have the right:

• to belong or not belong to a trade union
• to time off to undertake trade union duties as a representative
• not to be refused employment because of membership or non-membership of a trade union.

GOV.UK has more detailed guidance on the rights of trade union reps.

Workers are entitled to be accompanied by a fellow worker or a trade union official of their choice at disciplinary and grievance hearings.

For more information, read our guidance on disciplinary matters and handling grievances.

The Public Interest Disclosure Act 1998 protects employees from dismissal or disciplinary action if they disclose certain information that is in the public interest.

To learn more, read our guidance on whistleblowing.

The Transfer of Undertakings Protection of Employment (TUPE) Regulations 2006 protects employees' rights when an organisation, or part of it, transfers from one employer to another.

Employees have the right to be transferred on the same terms and without loss of service-related employment rights.

Acas offers step-by-step guidance on handling a TUPE transfer.

All employees are entitled to receive at least:

• one week's notice after one month's service
• two weeks' notice after two years’ service
• an additional week's notice for each complete year of employment (up to 12 weeks) for 12 years' service.

For more information, read our guidance on ending employment well.

All employees are entitled to not be unfairly dismissed.

Employees with at least two years of continuous service have the right to complain to an employment tribunal within three months (normally) of their dismissal, if they believe it was unfair.

Sometimes, an employee doesn’t need to have worked for their employer for a specified length of time to make a claim. These are known as ‘automatically unfair dismissals’.

Examples include if an employee is dismissed:

• for trade union activities
• for seeking to assert a statutory right
• for taking action on health and safety grounds
• for reasons related to a protected characteristic under the Equalities Act (this would also be unlawful discrimination)
• due to pregnancy or maternity
• because of taking or seeking to take parental leave, paternity leave (birth and adoption), adoption leave or time off for dependants
• whistleblowing

All employees are entitled to request the reasons for their dismissal in writing.

GOV.UK provides more guidance on dismissing staff.