⚕️Care Handbook

Employment Rights

Every care worker has employment rights protected by law. Understanding your rights helps you ensure you are treated fairly and can deliver safe, effective care without exploitation or unfair treatment. This section covers the key employment rights that apply to care home workers in England.

Important: The information on this page is for general guidance only and does not constitute legal advice. If you have a specific employment issue, you should seek advice from your trade union, ACAS, or an employment law solicitor. ACAS provides free, impartial advice on employment rights: www.acas.org.uk or 0300 123 1100.

Your Contract of Employment

Under the Employment Rights Act 1996, you are entitled to a written statement of employment particulars within two months of starting work (from 6 April 2020, this must be provided on or before day one). This document must include: your name and your employer's name, your job title or a brief description of the work, the date your employment began, your rate of pay and how it is calculated, the intervals at which you will be paid, your hours of work, your holiday entitlement, your place of work, any probationary period, and notice periods. If your employer fails to provide this, you can apply to an Employment Tribunal for a declaration of your terms. Always read your contract carefully before signing and seek advice from your trade union or ACAS if anything is unclear.

Working Time Regulations 1998

The Working Time Regulations 1998 implement the EU Working Time Directive into UK law and provide important protections for workers. Key entitlements include: a maximum of 48 hours per week on average (unless you choose to opt out in writing), a minimum daily rest period of 11 consecutive hours between shifts, a minimum weekly rest period of 24 hours in each 7-day period (or 48 hours in each 14-day period), a rest break of at least 20 minutes if your shift exceeds 6 hours, and at least 5.6 weeks (28 days for a full-time worker) of paid annual leave per year. In care homes, these regulations are particularly important because of shift patterns, sleep-ins, and overnight working. Your employer must keep records of your working hours and ensure you receive your entitlements.

National Minimum Wage and National Living Wage

All care workers are entitled to be paid at least the National Minimum Wage (NMW) or National Living Wage (NLW), depending on their age. As of April 2026, the rates are: NLW (age 21 and over): £12.71 per hour; 18–20 year rate: £10.85 per hour; 16–17 year rate: £8.00 per hour; Apprentice rate: £8.00 per hour. Sleep-in workers must be paid at least the NMW/NLW for time they are awake and working, and may be entitled to the NMW for the whole sleep-in shift depending on the circumstances. If you suspect you are being paid below the minimum wage, you can report this to HMRC's National Minimum Wage Enforcement team or to ACAS. Your employer cannot dismiss you or treat you unfairly for asserting your NMW rights.

Grievance Procedures

If you have a concern, complaint, or grievance about your work, your working conditions, or the way you are being treated, you have the right to raise a formal grievance. The ACAS Code of Practice on Disciplinary and Grievance Procedures sets out the minimum steps your employer should follow: you should raise the grievance in writing, your employer should invite you to a meeting to discuss it (you have the right to be accompanied by a trade union representative or colleague), your employer should make a decision and inform you in writing, and you should have the right to appeal if you are not satisfied with the outcome. If your employer does not have a formal grievance policy, the ACAS Code applies anyway. If internal procedures do not resolve your concern, you may be able to take your case to an Employment Tribunal.

Trade Union Rights and Support

You have the right under the Trade Union and Labour Relations (Consolidation) Act 1992 to join a recognised trade union. In the care sector, common unions include UNISON, GMB, and the Royal College of Nursing (RCN). Your employer cannot refuse you employment, dismiss you, or treat you unfairly for being a union member. You have the right to be accompanied by a trade union representative in disciplinary or grievance hearings. You also have the right not to be offered a 'settlement' that waives your future tribunal rights in exchange for employment (except in limited, lawful circumstances). Trade unions can provide advice on pay, conditions, grievances, disciplinary matters, health and safety, and whistleblowing. They also negotiate collective agreements on behalf of members, which can set terms above the legal minimum.

Whistleblowing Protection

The Public Interest Disclosure Act 1998 (PIDA) protects workers who raise concerns about wrongdoing in the workplace. You are protected from dismissal, disciplinary action, or victimisation if you make a 'qualifying disclosure' in the public interest. See our Whistleblowing section for full details on how to raise concerns and the protections available.

Where to Get Help

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    ACAS — Free, impartial advice on employment rights and workplace disputes. www.acas.org.uk / 0300 123 1100
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    Your trade union — UNISON, GMB, or RCN can provide advice, representation, and support on employment matters
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    Employment Tribunal — If you cannot resolve your dispute through internal procedures or ACAS, you may be able to bring a claim to an Employment Tribunal
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    HMRC National Minimum Wage Enforcement — If you believe you are being paid below the NMW, you can report this to HMRC: www.gov.uk/national-minimum-wage
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    Protect — Free, confidential advice on whistleblowing: www.protect-advice.org.uk / 020 3102 7020