Your Rights & Protections

UK Employment Law Landscape (2025)

Major Legal Developments

Employment Rights Bill (2025):

• Status: Expected to become law before end of 2025
• Implementation: Most changes in 2026-2027
• Impact: Significant boost to worker protections, affects half of UK workforce

Data (Use and Access) Act 2025:

• Effective: June 2025 (Royal Assent 19 June 2025)
• Purpose: Modernizes UK data protection for AI era
• Key change: Allows more automated decision-making with safeguards

Current State of AI Employment Law

Reality Check:

• No explicit UK laws currently govern AI use at work
• Existing legislation provides some protection (discrimination, GDPR, unfair dismissal)
• AI-specific employment law is lagging behind technology adoption
• March 2025: AI Regulation Bill re-introduced to House of Lords (stalled post-election, uncertain progress)

What this means: You're protected by traditional employment law, but AI-specific protections are emerging, not established.

1. Protection from Unfair Dismissal

What Counts as Unfair

• Dismissal without fair reason (capability, conduct, redundancy, legal requirement, "some other substantial reason")
• Dismissal without fair process (no warnings, no opportunity to improve, no consultation)
• Automatically unfair: Pregnancy, discrimination, whistleblowing, union activity, asserting statutory rights

If You're Dismissed

1. Request written reasons (employer must provide within 14 days)
2. Check if you have 2 years service (soon to be 6 months)
3. Consider ACAS Early Conciliation (free, required before tribunal)
4. Tribunal claim within 3 months less one day of dismissal

Compensation

• Basic award: Based on age, length of service, weekly pay (capped)
• Compensatory award: Lost earnings, benefits, pension (capped at £115,115 or 52 weeks' pay, whichever is lower - 2024/25 rates)

2. Redundancy Rights

Enhanced Pregnancy & Family Leave Protection (Effective April 2024)

• Protection begins: When employer notified of pregnancy
• Protection lasts: 18 months after birth (extended from previous)
• Covers: Maternity, adoption, shared parental leave
• Requirement: Suitable alternative employment must be offered if available

Collective Redundancy Changes (Expected April 2026)

• "At one establishment" removed: Simplifies triggering collective consultation
• Protective award doubled: From 90 days to 180 days' pay for failure to consult
• Impact: Stronger penalties for employers who skip proper consultation

Standard Redundancy Process (Fair and Legal)

Step 1: Consultation (Required)

• Employer must consult individually (under 20 redundancies)
• Collective consultation (20+ redundancies at risk within 90 days):
  • 30 days minimum (20-99 employees)
  • 45 days minimum (100+ employees)
• Employer must explain: Why redundancies needed, numbers affected, selection criteria, timing

Step 2: Selection (Must Be Fair)

• Objective criteria (e.g., skills, performance, attendance, disciplinary record)
• Cannot use discriminatory criteria (age, gender, pregnancy, disability, race, etc.)
• Should be transparent and measurable
• Your right: Challenge if selection appears unfair or discriminatory

Step 3: Alternative Employment

• Employer should offer suitable alternative roles if available
• Trial period allowed (minimum 4 weeks)
• Unreasonable refusal may reduce/eliminate redundancy pay

Step 4: Notice Period

• Statutory minimum: 1 week (1-2 years service), 2 weeks (2-12 years), 12 weeks (12+ years)
• Contractual notice: Check your contract, often longer
• Pay in lieu of notice (PILON) possible if contract allows

Step 5: Redundancy Pay

• Statutory: 0.5 week's pay per year (under 22), 1 week (22-40), 1.5 weeks (41+)
• Capped at £700/week (2024/25), max 20 years service
• Enhanced: Many employers offer more generous packages (check your contract)
• Tax-free up to £30,000

If process is unfair: ACAS Early Conciliation → Employment Tribunal (unfair dismissal claim). Compensation: Up to £115,115 + basic redundancy pay

3. Discrimination Protection

Protected Characteristics (Equality Act 2010)

Age, disability, gender reassignment, marriage/civil partnership, pregnancy/maternity, race, religion/belief, sex, sexual orientation

AI-Related Discrimination Concerns

• Algorithmic bias: AI tools trained on biased data (e.g., hiring AI that discriminates against women)
• Indirect discrimination: AI policy disadvantages protected group (e.g., facial recognition less accurate for darker skin tones)
• Legal position: Existing discrimination law applies to AI decisions

Examples

• AI CV screening eliminates female candidates → Sex discrimination
• Performance monitoring AI flags older workers due to typing speed → Age discrimination
• AI interviews score accents negatively → Potential race/national origin discrimination

Your Rights

• Burden of proof shifts: Once you show facts suggesting discrimination, employer must prove it didn't happen
• No qualifying period: Can claim from day one
• Compensation: Uncapped (can include injury to feelings, lost earnings)

What to Do

1. Document: Record instances, dates, witnesses
2. Raise with employer: Internal grievance procedure
3. ACAS Early Conciliation
4. Employment Tribunal: 6 months less one day from last incident

4. Data Protection Rights (UK GDPR)

Article 22: Automated Decision-Making

• Right: Not to be subject to decision based solely on automated processing (including profiling) with legal/significant effects
• Exceptions: Necessary for contract, authorized by law, explicit consent given
• Safeguards required: Right to human review, explanation of decision, challenge

Examples

• AI hiring system rejects you without human review → Potentially violates Article 22
• Performance management entirely AI-driven with no human oversight → Potentially problematic
• AI determines redundancy selection without human involvement → Likely illegal

Your Data Rights

• Right to access: Request data employer holds about you (Subject Access Request)
• Right to rectification: Correct inaccurate data
• Right to erasure: "Right to be forgotten" (limited in employment context)
• Right to restrict processing: Limit how data is used
• Right to object: Object to processing (including AI decisions)

How to Exercise Your Rights

1. Subject Access Request (SAR): Email/letter to employer's data protection officer or HR
2. Response time: 1 month (employer must respond)
3. Free: Cannot charge fee in most cases
4. Complaint: If denied, contact ICO (Information Commissioner's Office)

What to Do If AI Threatens Your Job

Immediate Steps

1. Document everything: Save emails, meeting notes, performance reviews, AI system usage
2. Review your contract: Notice period, redundancy terms, restrictive covenants
3. Check service length: How long have you worked there? (Affects rights)
4. Assess your situation: Is it redundancy, performance issue, or discrimination?

If Redundancy Is Proposed

• Request written details of redundancy process
• Ask about selection criteria (how were you chosen?)
• Request alternative roles within company
• Attend all consultation meetings (bring notes)
• Challenge if process seems unfair

If You Suspect Discrimination

• Document: How does AI decision affect you vs. others?
• Gather evidence: Are protected groups disproportionately affected?
• Raise formal grievance with employer
• Keep records of employer's response

If AI Decision Feels Wrong

• Request explanation (under UK GDPR, you have right to meaningful information about automated decisions)
• Ask for human review
• Challenge the decision formally
• Consider Subject Access Request to see data used

Government Support Available

Universal Credit

• Who: If unemployed or on low income
• Application: gov.uk/apply-universal-credit
• Amount: Varies based on circumstances (age, housing costs, children)
• Timeline: 5-week wait for first payment (advance available)

Jobcentre Plus Support

• Free careers advice and job search support
• Training programs (Skills Bootcamps, sector-based work academies)
• Help with CV, interview skills

Skills Bootcamps

• Free training (up to 16 weeks) in digital, technical, green skills
• Open to unemployed and employed workers
• Skills Bootcamps

Getting Legal Help

ACAS (Advisory, Conciliation and Arbitration Service)

• Free: No cost for advice or early conciliation
• Helpline: 0300 123 1100 (Monday-Friday, 8am-6pm)
• Early Conciliation: Required before employment tribunal (helps settle disputes without court)
• Website: acas.org.uk

Citizens Advice

• Free, independent advice on employment rights
• Can help with tribunal claims
• citizensadvice.org.uk

Employment Solicitor

• When needed: Complex cases, significant compensation at stake, employer has lawyers
• Cost: Varies (some offer free initial consultation)
• Funding: Legal aid rarely available for employment cases, but some solicitors work on "no win, no fee"

Employment Tribunal Process

1. ACAS Early Conciliation: Mandatory first step (free, lasts up to 6 weeks)
2. If conciliation fails: File ET1 form (tribunal claim)
3. Deadline: Usually 3 months less one day from incident (6 months for discrimination)
4. Employer response: Has 28 days to respond (ET3 form)
5. Hearing: Present your case, call witnesses, cross-examination
6. Decision: Usually within 2-4 weeks of hearing
7. Cost: No fee to bring claim (abolished 2017)