Employment 2025

UK Law and Practice Contributed by: Phil Linnard, Philippa O’Malley, David Rintoul and Clare Fletcher, Slaughter and May

and similar arrangements. These may be contractual entitlements but are more commonly expressed as being discretionary. 1.5 Other Employment Terms Holidays UK workers have the right to 5.6 weeks’ paid holi - day each year (which equates to 28 days for full-time workers). This is made up of four weeks’ leave under regulation 13 WTR and 1.6 weeks’ additional leave under regulation 13A WTR. Different rules apply to how holiday is accrued, paid and carried over under regulations 13 and 13A, and there is also a sepa - rate regime for irregular hours and part-year work - ers. Workers may also be granted additional holiday under the contract of employment, which would then be governed by the contract terms. As such, holiday entitlement is a relatively complex area of English employment law. Sickness Employees who are unable to work due to illness or injury are entitled to receive SSP, provided they meet the qualifying conditions. Employees do not currently receive SSP for the first three days of any sickness absence. The weekly rate of SSP from April 2025 is GBP118.75. The maximum entitlement is 28 weeks’ SSP during any period of incapacity for work (or any series of linked periods). An employee may also be Eligible employees are entitled to up to 52 weeks’ stat - utory maternity leave. They are also entitled to receive up to 39 weeks’ SMP if they meet certain qualifying conditions. SMP is payable at 90% of their average weekly earnings for the first six weeks, and the lesser of GBP187.18 per week (from April 2025) or 90% of their average weekly earnings for the remaining 33 weeks. Equivalent rights exist on adoption. Employees who are eligible for statutory maternity or adoption leave may choose to end that entitlement and instead opt into a shared parental leave regime (if they meet certain qualifying conditions). This allows up to 50 weeks’ leave and 37 weeks’ pay to be shared between both parents. The parents may take the leave together at the same time or separately, and in discon - entitled to contractual sick pay. Maternity and Family Leave

tinuous blocks of at least one week, returning to work in between. This is subject to the employers agreeing the proposed pattern of leave; if agreement cannot be reached, the leave is taken in one continuous block. Employees who are fathers/partners are also entitled to two weeks’ statutory paternity leave, if they meet certain qualifying conditions. They may also be eligible for SPP, payable at the lower of GBP187.18 per week (from April 2025) or 90% of the employee’s average weekly earnings. Employees who take statutory maternity, adoption, shared parental or paternity leave are also entitled to receive the benefit of all their contractual terms and conditions of employment (except remuneration) during the period of leave. They also have additional protections on return to work and on redundancy. Employees may also receive enhanced rights to maternity or family leave/pay from their employer on either a contractual or discretionary basis. Employees who are parents are also eligible to take up to 18 weeks’ unpaid parental leave for each child, up to the child’s 18th birthday. While the 26-week qualifying period of employment will remain in place for shared parental leave, the ERB contemplates unpaid parental leave and statu - tory paternity leave after a period of shared parental leave being a day one right, with no qualifying period. Confidentiality and Non-Disclosure Agreements (NDAs) Employees owe implied duties of confidentiality during their employment, and are often required to sign up to an NDA as part of their employment con - tract – which extends their confidentiality obligations post-termination of employment. There are, however, limitations on the scope and enforceability of NDAs against employees (see 7.4 Termination Agreements ). Employee Liability Claims against individual employees are not as com - mon as claims against employers, although employ - ees can be individually liable for certain acts – eg, discrimination against co-workers.

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