5 Key Employment Rights Every SME Worker Should Know
For employees in small and medium-sized enterprises (SMEs), understanding your rights at work is essential. While SMEs may differ from larger corporations in size and culture, the legal protections for workers remain the same.
Knowing these rights not only ensures fair treatment but also empowers you to raise concerns confidently if issues arise. If you’re uncertain about enforcing your rights, seeking advice from no win no fee employment solicitors can help you take action without financial risk.
In this blog post, we’ll explore five key employment rights every SME worker should know.
1. The Right to a Written Statement of Employment Terms
From the very first day of employment, workers are entitled to receive a written statement outlining the key terms of their job. This document should cover details such as pay, working hours, holiday entitlement, job title, and notice periods. It acts as a vital reference point if disputes arise later.
In SMEs, contracts may sometimes be informal or even overlooked altogether. However, this does not remove the employer’s legal obligation. Having a written statement ensures clarity and reduces the risk of misunderstandings about expectations.
If your employer hasn’t given you a written contract or statement, you have the right to request one, and you can escalate matters if it is not provided.
2. The Right to Equal Pay and Protection Against Discrimination
Every worker, regardless of the size of the company, is entitled to equal pay for equal work. This includes base salary, bonuses, overtime, and other benefits. Employers must ensure men and women receive the same pay for doing the same or similar work.
Protection against discrimination also extends to other characteristics such as age, race, religion, disability, and sexual orientation. SMEs, which often pride themselves on being inclusive and close-knit, must still adhere to the Equality Act 2010. Breaches can lead to serious legal consequences.
3. The Right to Paid Holiday and Rest Breaks
All employees are entitled to paid annual leave, regardless of whether they work for a small family-run business or a large multinational corporation. In the UK, the statutory entitlement is 5.6 weeks of paid holiday per year, which can include public holidays. Workers also have the right to regular rest breaks, including at least 20 minutes if the working day exceeds six hours.
In SMEs, where resources can be tight, some employers may try to discourage staff from taking time off. However, your entitlement to rest and holiday is protected by law. Denying these rights not only breaches employment law but can also contribute to burnout and poor performance.
Guidance from GOV.UK explains how to calculate holiday entitlement and what to do if you are being denied your statutory leave.
4. The Right to a Fair and Safe Working Environment
Employers have a duty of care to provide a safe and healthy workplace. This includes conducting risk assessments, ensuring equipment is safe, and addressing hazards promptly. In SMEs, where teams are often small, it can be easy for safety practices to slip. However, the legal obligations remain the same as in larger businesses.
If an employee raises concerns about unsafe practices, they should not face retaliation. Whistleblowers are legally protected, meaning that employees cannot be dismissed or treated unfairly for reporting wrongdoing. Ensuring a safe workplace benefits everyone and helps businesses avoid costly claims or reputational damage.
The Health and Safety Executive (HSE) provides resources for employees to understand their rights and responsibilities when it comes to workplace health and safety.
5. The Right to Protection Against Unfair Dismissal
Once you’ve worked for an employer for two years, you gain the right to protection against unfair dismissal. This means you cannot be dismissed without a valid reason, such as misconduct, redundancy, or inability to perform the role. Even before two years, there are certain circumstances—such as dismissal due to discrimination or whistleblowing—where termination can still be considered unfair.
In SMEs, where relationships between staff and management are often close, dismissals can sometimes be handled informally. However, all dismissals must follow fair processes. Failure to do so can leave employers open to tribunal claims.
If you believe you’ve been dismissed unfairly, seeking guidance from experienced solicitors can help you pursue compensation or reinstatement.
Why Employment Rights Matter More in SMEs
SMEs make up the majority of UK businesses, employing millions of workers. While smaller companies often foster supportive cultures, they may lack formal HR departments or processes. This can increase the risk of rights being overlooked, whether intentionally or by accident.
Understanding your rights ensures you are not taken advantage of. It also gives you the confidence to raise concerns if you feel something is wrong. Protecting workers is not just a legal requirement—it contributes to a healthier, more productive workplace where everyone benefits.
Taking Action if Your Rights Are Breached
If you believe your rights have been breached, the first step is often to raise the issue informally with your employer. In many cases, problems can be resolved quickly through open communication. If this doesn’t work, you can raise a formal grievance, and if necessary, seek legal advice.
Working with solicitors ensures that you can pursue your case without worrying about upfront costs. This can be particularly valuable for SME workers, where financial resources may be limited.
Knowledge Is Your Strongest Protection
For SME workers, understanding your rights is the first step towards empowerment. From contracts and pay to holidays and protection against dismissal, these rights safeguard your wellbeing and security at work. While smaller businesses may feel more personal, legal protections remain robust and enforceable.
By staying informed and seeking support when needed, you can ensure that your rights are respected and that you contribute to a workplace culture that values fairness and equality.
This blog is for general informational purposes only and does not constitute legal advice. For advice tailored to your circumstances, consult a qualified employment solicitor who can guide you through your rights and options.
