Statutory employment rights

These are the key employee rights:

National minimum wage

Category From 1 April 2018
Workers aged 25 and over £7.83 per hour
Workers aged 21 and over £7.38 per hour
Workers aged 18 – 20 inclusive £5.90 per hour
Workers aged 16 and 17 £4.20 per hour
Apprentices aged under 19, or aged 19 and over but in the first 12 months of their apprenticeship £3.70 per hour

Minimum paid holiday entitlement

Level of entitlement Pay rate
5.6 weeks per year including statutory holidays. Employees who work more than 5 days a week capped at 28 days per year All contractual earnings. Where contractual earnings vary by week averaged over previous 12 weeks

Sickness absence

Type of payment From 6 April 2018 Maximum period
Statutory Sick Pay (SSP) £92.05 a week 28 weeks in any 3-year period

Maternity/paternity pay

Type of payment From 2 April 2018 Maximum period
Statutory Maternity Pay (SMP): higher rate 90% of employee’s normal average weekly earnings Six weeks
Statutory Maternity Pay (SMP): standard rate £145.18 a week or 90% of normal average weekly earnings if lower 33 weeks
Ordinary Statutory Paternity Pay (SPP) £145.18 a week or 90% of normal average weekly earnings if lower Two weeks
Additional Statutory Paternity Pay (SPP) £145.18 a week or 90% of normal average weekly earnings if lower Depends on the number of weeks of the 39-week SMP/SAP period which have not been taken by the mother/primary adopter


Type of payment Minimum from 6 April 2018 Maximum from 6 April 2018
Insolvency limit on recoverable debts calculated using the limit on a ‘week’s pay’ No minimum Arrears of pay: eight weeks’ pay up to £4,064

Statutory notice pay: 12 weeks’ pay up to £6,096

Holiday pay: six weeks’ pay up to £3,048

Unfair dismissal basic award or statutory redundancy payment: £15,240 (dependent on a week’s pay, employee’s age and length of service)

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Case Study

Applying statutory holiday entitlement to part time employees

Our client, who works in the financial services sector, believed that part time staff who did not work on Mondays were only entitled to bank holidays that...

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