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Know Your Rights: UK Employment Law for Care Workers

A plain-English guide to your legal rights as a care worker in the UK. Covers breaks, pay, contracts, and what to do if your employer breaks the law.

Many care workers do not know their basic employment rights. Employers rely on this. You may be told that breaks are not possible, that agency workers have no rights, or that you should be grateful to have a job at all.

This is not true. You have legal rights, and this guide will help you understand and enforce them.
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Your Right to Breaks

Under UK law, you are entitled to:

  • A 20-minute uninterrupted break if you work more than 6 hours

  • 11 hours rest between shifts

  • One full day off per week (or two per fortnight)

    • If your employer is not providing breaks, this is a legal issue. Document every missed break with dates and times, and raise it in writing.

    Pay and the National Minimum Wage

    You must be paid at least the National Minimum Wage for every hour worked. This includes:

  • Handover time (if required to be there, you must be paid)

  • Mandatory training

  • Time spent travelling between clients (for domiciliary care)

  • Sleep-in shifts (at least the minimum wage, not a flat rate, if you are required to be awake)

    • If your employer is not paying you correctly, contact ACAS or your union.

    Zero-Hours Contracts

    A zero-hours contract means your employer does not guarantee you any hours. However, you still have rights:

  • The right not to be treated unfairly

  • The right to the National Minimum Wage

  • The right to holiday pay (calculated as 12.07% of hours worked)

  • Protection from discrimination

    • If your agency is giving shifts to others but not you without reason, this may be unfair treatment.

    Agency Workers Rights

    If you work through an agency, you have the right to:

  • The same pay as permanent staff after 12 weeks in the same role

  • Access to facilities (canteen, lockers, etc.)

  • Information about permanent vacancies

    • Agencies cannot charge you for finding work or for PPE.

    Whistleblowing Protection

    If you report illegal activity, safety concerns, or regulatory breaches, you are protected by law. Your employer cannot:

  • Dismiss you for whistleblowing

  • Treat you unfairly because you raised concerns

  • Pressure you to stay silent

    • If you face retaliation, contact Protect (the whistleblowing charity) or ACAS immediately.

    What to Do If Your Rights Are Violated

  • Raise it in writing with your employer (keep a copy)

  • Contact ACAS for free advice (0300 123 1100)

  • Consider joining a union (Unison, GMB, or Unite)

  • If necessary, bring a claim to an employment tribunal

    • You have three months minus one day from the incident to begin early conciliation with ACAS, so act quickly.