20 things your employer can’t legally do (UK, 2026)

Calling it a “trial” does not buy a pub a free pair of hands. Nor does a uniform clause let a care home pay below the minimum wage. If money is missing or your shifts have been cut as punishment, save the evidence before you challenge it. These are 20 common abuses to check against the law as at 1 October 2026.

What to do today

1. Write the facts down tonight. Record the date, hours, missing pay, who said what and who saw it. Email a copy to yourself.
2. Keep your own copies. Save payslips, rotas, your contract and messages about tips, the till or the sick day somewhere you control. Do not copy customers’ or patients’ confidential records.
3. Ask in writing. Keep the reply. Do not sign a new deduction consent without advice, and do not wait for a reply if a deadline is close.
4. Speak to a union before going in alone. Usdaw in shops, Unite and GMB in hospitality, warehouses and food, UNISON in care and the NHS, IWGB for riders. Joining now may not cover a dispute already under way. Ask.
5. Protect the claim deadline. For GB tribunal claims, contact Acas on 0300 123 1100 and ask about notifying early conciliation. An advice call alone does not pause time. Report minimum-wage underpayment through the Fair Work Agency; report unsafe work to the safety regulator. If your visa is tied to the job, get advice before resigning.

Citizens Advice, a law centre or the Work Rights Centre can help. In Northern Ireland, use the Labour Relations Agency, not Acas. A grievance does not pause the clock. You can join a union whether or not the workplace recognises one.

The checklist explains Great Britain law unless we say otherwise. Minimum-wage rates are UK-wide, but Northern Ireland has separate employment legislation. Minimum wage, holiday, rest breaks and protection from unlawful deductions generally cover workers as well as employees; unfair dismissal and emergency time off for dependants require employee status. Check your status before accepting what the contract calls you.

Pay they cannot take

From 1 April 2026 to 31 March 2027 the minimum hourly rates are £12.71 at 21 and over, £10.85 at 18 to 20, and £8.00 for eligible under-18s. The £8.00 apprentice rate applies only if you are under 19 or in the first year of your apprenticeship; otherwise you get the rate for your age. The accommodation offset is £11.10 a day.

1. They cannot use a “trial” to get free labour

If a pub puts you on an ordinary shift to cover a staffing gap, calling it a trial does not remove your minimum-wage entitlement; six hours of qualifying work at £12.71 is £76.26. A short, observed recruitment assessment can lawfully be unpaid, so record the tasks, supervision and length, then use our unpaid trials guide and the government’s case-by-case guidance.

2. They cannot keep your tips or the service charge

Since 1 October 2024, employers in England, Scotland and Wales must allocate qualifying tips, gratuities and service charges fairly to workers without keeping a cut, apart from lawful deductions such as tax. Payment is due by the end of the following month, so a tip left on 14 September is due by 31 October; ask for the tipping policy and your allocation records using our tips guide.

3. They cannot take more than the retail shortage cap

In retail, including restaurants, authorised till or stock-shortage deductions cannot exceed 10% of gross pay per pay period, except from final pay. If you receive £400 gross weekly, the cap is £40 that week, not 10% of each shift’s wage; check the authority for the deduction in our deductions guide.

4. They cannot charge for a uniform that breaks the minimum wage

A compulsory uniform, tools or deposit reduces pay counted for the minimum wage when the charge is for the employer’s benefit. Forty hours at £12.71 is £508.40, and a £50 tunic leaves £11.46 an hour to the nearest penny, below the legal floor; check our minimum wage guide.

5. They cannot use unpaid hours to hide a short wage

There is no general right to an overtime premium, but unpaid work cannot be used to push your pay below the minimum wage. Forty paid hours at £12.71 plus five unpaid hours of ordinary hourly work means £508.40 for 45 hours, or £11.30 an hour to the nearest penny; see our overtime pay guide.

6. They cannot dock your pay without authority

Tax and National Insurance are authorised by law, but a charge for breakages, missing stock or training normally needs a written contract term supplied beforehand or your prior written consent. Recovery of an earlier overpayment has separate rules, and some deductions can lawfully take pay below the minimum wage, including contractual deductions for misconduct; compare your payslip with GOV.UK’s exceptions and our deductions guide.

A uniform clause does not cancel the minimum wage.

Breaks, holiday, sick pay

7. They cannot refuse a break on a long shift

Adult workers normally get an uninterrupted 20-minute break when working more than six hours, plus 11 hours’ daily rest and 24 hours off each week or 48 each fortnight. A ten-hour shift does not automatically mean two 20-minute breaks, but care, security and other continuity-of-service jobs can involve compensatory-rest rules rather than no rest at all; check GOV.UK and our rest breaks guide.

8. They cannot refuse paid holiday

Workers normally accrue 5.6 weeks’ paid holiday from day one, equivalent to 28 days on a five-day week and pro rata for part-time work. For leave years starting on or after 1 April 2024, GB employers can use separately itemised rolled-up holiday pay at 12.07% for irregular-hours and part-year workers only, but those workers must still be allowed to take leave; see our holiday pay guide.

9. They cannot refuse sick pay from the first full sick day

Since 6 April 2026, eligible employees get Statutory Sick Pay from the first full working day off sick, with no waiting days or lower earnings limit, in Great Britain and Northern Ireland. The weekly rate is £123.25 or 80% of average weekly earnings, whichever is lower, for up to 28 weeks; an eligible employee averaging £101.68 gets £81.34 for a full qualifying week, as explained in our SSP guide.

10. They cannot punish you for a dependant’s emergency

Employees can take a reasonable amount of unpaid time off from day one to deal with a dependant’s emergency, including a child’s sudden illness. Tell your employer what has happened and how long you expect to be away as soon as you can; protection against punishment applies when you exercise this right, as explained in our family emergency guide.

Status, paperwork, a second job

11. They cannot withhold a payslip

In Great Britain, workers must receive an itemised payslip on or before payday, showing gross and net pay and deductions. Since 6 April 2019, this right covers workers as well as employees and requires hours to be shown where pay varies with time worked; see our paperwork guide.

12. They cannot withhold written terms on day one

In Great Britain, employees and workers must get their principal written statement on day one, with pay, working hours, holiday and other main terms, plus information about notice and sick pay. It is not the same as a signed contract, and the wider statement can follow within two months; compare the required particulars with our contract guide.

13. They cannot call you self-employed to dodge these rights

Tribunals look at the actual arrangement, including control and whether you must do the work personally, rather than accepting a contractor label as decisive. A cleaner or rider who is legally a worker still has minimum-wage and holiday rights; compare employment status with our employee, worker or self-employed guide.

14. They cannot ban a second job on a zero-hours contract

In Great Britain, an exclusivity clause in a zero-hours contract has been unenforceable since May 2015, so your boss cannot rely on it to stop you taking another job. Since 5 December 2022, protection also covers contracts giving net average weekly wages no higher than the lower earnings limit; check our exclusivity guide if your warehouse rota guarantees some hours.

15. They cannot underpay an agency worker after 12 weeks

After 12 qualifying weeks in the same role with the same hirer, an agency worker is entitled to the same basic pay and working conditions they would receive if recruited directly, including holiday and rest breaks. Northern Ireland has equivalent agency-worker protections; check how breaks between assignments affect the qualifying period in our agency workers’ guide.

Sacking, punishment, harassment

16. They cannot sack you, or cut your shifts, for pregnancy

Sacking an employee because of pregnancy or maternity is automatically unfair without a service requirement, and cutting shifts for that reason can be unlawful pregnancy discrimination. In Great Britain, eligible employees also have priority for suitable alternative vacancies in redundancy during pregnancy and the protected period after birth, normally lasting until 18 months after birth; see pregnancy and maternity discrimination.

17. They cannot punish you for joining a union

Your employer cannot punish you for union membership or protected union activity, dismiss an employee for those reasons, or offer money to induce you to give up protected union rights. There is no qualifying-service wait, but union activity has rules about appropriate times; take the evidence to a rep and our union victimisation guide.

18. They cannot sack you for refusing dangerous work

An employee who leaves or refuses to return to work because they reasonably believe there is serious and imminent danger can have day-one protection against automatically unfair dismissal. Protection from detriment also covers workers in Great Britain; record the danger and your response, get advice on the test, and use our health and safety guide.

19. They cannot discriminate against you

In Great Britain, the Equality Act 2010 protects against unlawful discrimination related to age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex and sexual orientation, without a service requirement. That can cover hiring, pay, shifts and dismissal, including some personally engaged contractors; use our Equality Act guide and complaint guide.

A cleaner given worse shifts because of their nationality, or a kitchen porter passed over because of their race, has a legal issue to challenge. Keep the rota and the messages, not only a note of how it felt. Northern Ireland protects against discrimination under separate legislation.

20. They cannot ignore sexual harassment

Since 26 October 2024, GB employers must take reasonable steps to prevent sexual harassment, and a tribunal can increase compensation by up to 25% for breach of that duty when it upholds a sexual-harassment claim. The stronger “all reasonable steps” duty and express third-party harassment obligation are scheduled for 30 October 2026, not in force at this guide’s 1 October cut-off; see our sexual harassment guide.

Where to report it, and when to claim

You can report minimum-wage underpayment and seek advice about a wages claim. They are different routes. An enforcement report does not protect a tribunal deadline, and neither does waiting for your manager to answer a grievance.

Notify Acas before the applicable tribunal limit, rather than just phoning for advice. Early conciliation can pause and extend time, but it does not restart the original period. Use our time limits guide to check the relevant date and any exceptions, particularly if a series of deductions straddles 1 October.

What is in force, and what is not

The government timetable updated on 25 September 2026 separates changes already made from future dates. This guide uses 1 October 2026 as its legal cut-off; scheduled changes are not rights you can enforce at that date. See our Employment Rights Act 2025 guide for the wider programme.

1. 1 Oct 2024In force: GB tips protection

   Qualifying tips must be fairly allocated and passed to workers. The Act does not cover Northern Ireland.

2. 26 Oct 2024In force: sexual harassment prevention

   GB employers must take reasonable steps to prevent sexual harassment. Compensation can be increased by up to 25% for breaching this duty.

3. 1 Apr 2026In force: minimum wage rates

   £12.71 for ages 21+, £10.85 for ages 18 to 20 and £8.00 for eligible younger workers and apprentices. Accommodation offset £11.10 a day.

4. 6 Apr 2026In force: sick pay reform

   SSP waiting days and the lower earnings limit were removed in Great Britain and Northern Ireland.

5. 7 Apr 2026In force: Fair Work Agency

   The new agency brings together minimum-wage enforcement, gangmaster licensing and employment agency standards. Do not assume it has already taken over every pay dispute.

6. 1 Oct 2026In force: longer GB tribunal limits

   The commencement and transitional regulations extend affected three-month limits to six months where the relevant date is on or after 1 October. Earlier relevant dates keep the old limit.

7. 30 Oct 2026Scheduled: harassment and union access

   The “all reasonable steps” duty, express third-party harassment protection and union access rights are scheduled, subject to parliamentary processes.

8. 1 Jan 2027Scheduled: unfair dismissal changes

   The qualifying period is due to fall to six months for dismissals from this date, with compensatory awards uncapped. Fire-and-rehire protections and the duty to inform workers about joining a union are also timetabled for January, not in force at the cut-off.

Guaranteed hours, reasonable notice of shifts, short-notice payments and stronger pregnancy dismissal protection are timetabled for 2027 without firm commencement dates. They are not yet enforceable rights. Our zero-hours guide separates the existing protections from those promises.

Northern Ireland, and a Scottish date

Questions people ask

Can your boss make you do an unpaid trial shift?

A genuine, proportionate recruitment assessment can be unpaid. An ordinary shift used to obtain free labour is different. Record the length, tasks and supervision. If you were legally a worker, six hours at the age-21+ rate of £12.71 means at least £76.26 is due.

Can your employer keep your tips or the service charge?

In England, Scotland and Wales, qualifying tips must be fairly allocated to workers and paid by the end of the following month. Your employer cannot keep a processing or administration cut, though lawful tax deductions can apply. Ask for the policy and your allocation records. Do not assume the same tipping Act applies in Northern Ireland.

Can they take money for a till shortage, broken glass or uniform?

They need a lawful basis for a deduction. Retail till and stock-shortage deductions have a 10% cap per gross pay period, except final pay. A compulsory uniform charge reduces pay counted for the minimum wage, but contractual deductions for misconduct can be an exception. Check the reason, authority and calculation separately.

Does sick pay start on day one, and how much is SSP?

Since 6 April 2026, eligible employees in Great Britain and Northern Ireland receive SSP from the first full working day off sick. There are no waiting days or lower earnings limit. Weekly SSP is £123.25 or 80% of average weekly earnings if lower. An eligibility or amount dispute goes to HMRC’s Statutory Payment Disputes Team after you have asked your employer.

Can you be fired for being pregnant or joining a union?

An employee cannot lawfully be dismissed for those reasons, and probation does not remove protection. Workers also have relevant discrimination or detriment rights. The qualifying-service requirement for ordinary unfair dismissal is a different rule.

How long do you have to claim, and who should you contact?

For most affected GB claims, six months minus a day applies where the relevant date is on or after 1 October 2026; earlier relevant dates keep three months minus a day. Some claims have different limits, including tips allocation and payment complaints, and some dismissal remedies need immediate action. Notify Acas for early conciliation promptly. In Northern Ireland, use the Labour Relations Agency.

Sources

1. National Minimum Wage rates, GOV.UK.
2. National Minimum Wage amendment regulations 2026, legislation.gov.uk.
3. Minimum-wage eligibility, apprentices and unpaid work trials, GOV.UK.
4. Code of practice on fair and transparent distribution of tips, GOV.UK.
5. Employment Rights Act 1996, section 27K, tips allocation and payment complaints, legislation.gov.uk.
6. Deductions from your pay, including retail caps and minimum-wage exceptions, GOV.UK.
7. SSP transitional guidance, GOV.UK.
8. Statutory Sick Pay, Acas.
9. SSP eligibility and how to claim and dispute a decision, GOV.UK.
10. Statutory sick pay changes 2026, Labour Relations Agency.
11. Payslips, GOV.UK.
12. Rest breaks at work, GOV.UK.
13. Holiday entitlement, GOV.UK.
14. Employment status, GOV.UK.
15. Written statement of employment particulars, GOV.UK.
16. Pregnant employees’ rights, GOV.UK.
17. Join a trade union, GOV.UK.
18. Health and safety at work, GOV.UK.
19. Discrimination and your rights, GOV.UK.
20. Zero-hours contracts, GOV.UK.
21. Exclusivity terms unenforceability and redress regulations 2022, legislation.gov.uk, in force 5 December 2022.
22. Time off for dependants, GOV.UK.
23. Agency workers’ rights, GOV.UK.
24. Plan to Make Work Pay and Employment Rights Act timeline, GOV.UK, updated 25 September 2026.
25. Employment Rights Act 2025 commencement no. 5 and transitional provisions amendment regulations 2026, legislation.gov.uk.
26. Fair Work Agency, GOV.UK.
27. Employers named for minimum-wage underpayment, government naming round, 3 September 2026. Source for the first reality check.
28. Workers awaiting compensation under the tribunal penalty scheme, People Management, 3 October 2025, reporting a Bureau of Investigative Journalism and BBC investigation. Source for the second reality check.