Continuous employment and employee rights
Minimum periods of continuous employment and qualification dates for employment rights
Guide
The following table sets out the minimum periods of continuous employment an employee needs to qualify for certain statutory employment rights. It also gives the relevant date on which an employee qualifies for that right.
Note that any statutory employment rights not listed here have no minimum service requirement. For example, an employee has the right to take statutory maternity leave or paid annual leave from day one of their employment.
| Statutory employment right | Minimum period of continuous employment needed to qualify | Qualification date | Further information |
|---|---|---|---|
| Statutory employment right Guarantee payment | Minimum period of continuous employment needed to qualify One month. | Qualification date The day before that in respect of which the guarantee payment is claimed. | Further information Pay: employer obligations |
| Statutory employment right Remuneration on suspension on medical grounds | Minimum period of continuous employment needed to qualify One month. | Qualification date The day before that on which the suspension begins. | Further information |
| Statutory employment right Notice of termination | Minimum period of continuous employment needed to qualify One month. | Qualification date Date notice is given. | Further information Issue the correct periods of notice |
| Statutory employment right Written statement of the particulars of employment | Minimum period of continuous employment needed to qualify One month. | Qualification date | Further information The written statement |
| Statutory employment right Maternity pay | Minimum period of continuous employment needed to qualify 26 weeks. | Qualification date End of the 15th week before the expected week of childbirth. | Further information Maternity leave and pay |
| Statutory employment right Paternity leave and pay (births) | Minimum period of continuous employment needed to qualify 26 weeks. | Qualification date End of the 15th week before the expected week of childbirth. | Further information Paternity leave and pay |
| Statutory employment right Paternity leave and pay (UK adoptions) | Minimum period of continuous employment needed to qualify 26 weeks. | Qualification date End of the week in which the main adopter was notified of having been matched with the child for adoption. | Further information Paternity leave and pay |
| Statutory employment right Paternity leave and pay (overseas adoptions) | Minimum period of continuous employment needed to qualify 26 weeks. | Qualification date End of the week in which the main adopter received an official notification or by the time their leave/pay is due to begin, whichever is later. | Further information Paternity leave and pay |
| Statutory employment right Adoption leave and pay (UK adoptions) | Minimum period of continuous employment needed to qualify 26 weeks in respect of adoption pay but adoption leave is a day one right. | Qualification date End of the week which adopter was notified of having been matched with the child for adoption. | Further information Adoption leave and pay |
| Statutory employment right Adoption leave and pay (overseas adoptions) | Minimum period of continuous employment needed to qualify 26 weeks in respect of adoption pay and adoption leave. | Qualification date End of the week in which the adopter received an official notification or by the time their leave/pay is due to begin, whichever is later. | Further information Adoption leave and pay |
| Statutory employment right Parental bereavement leave and pay | Minimum period of continuous employment needed to qualify 26 weeks in respect of parental bereavement pay but parental bereavement leave is a day-one right. | Qualification date The employee or worker must have been continuously employed by you for at least 26 weeks up to the end of the ‘relevant week’. The ‘relevant week’ is the week (ending with a Saturday) immediately before the week of the death or stillbirth. | Further information Parental Bereavement Leave and Pay |
| Statutory employment right Right to make a flexible working request | Minimum period of continuous employment needed to qualify 26 weeks. | Qualification date Date of application. | Further information Flexible working: the law and best practice |
| Statutory employment right Parental leave | Minimum period of continuous employment needed to qualify One year. | Qualification date The start date of their first period of parental leave. | Further information Parental leave and time off for dependants |
| Statutory employment right Written statement of reasons for dismissal | Minimum period of continuous employment needed to qualify One year (none if dismissal occurs during an employee's pregnancy or statutory maternity leave). | Qualification date Generally, the last day on which the employee worked. | Further information Dismissing employees |
| Statutory employment right Right to claim unfair dismissal | Minimum period of continuous employment needed to qualify Generally, one year, but dismissals for an automatically unfair reason require no minimum length of service, eg dismissals relating to pregnancy or maternity. (One month where medical suspension could apply). | Qualification date The date when an employee's contractual notice or statutory minimum notice expires (or would have expired), whichever is later. | Further information Dismissing employees |
| Statutory employment right Redundancy payment | Minimum period of continuous employment needed to qualify Two years. | Qualification date The date when the employee's contractual notice or statutory minimum notice expires (or would have expired), whichever is later. | Further information Redundancy: the options |
| Statutory employment right Paid time off to look for work or to arrange training when being made redundant | Minimum period of continuous employment needed to qualify Two years. | Qualification date If the employer gives redundancy notice in person, the notice period should start from the next day. If the notice is given by email or post, the notice period should start when the employee has had time to read it. | Further information Redundancy: the options |
| Statutory employment right To become a permanent employee on the renewal of a fixed-term contract (or re-engagement on a new fixed-term contract) and to a written statement confirming this | Minimum period of continuous employment needed to qualify Four years unless continuation of the fixed-term contract can be objectively justified. | Qualification date The date on which the employee acquired four years of continuous service. | Further information Recruiting staff |
See qualifying periods for employment rights - Labour Relations Agency (LRA) guidance.
