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People · 6 min read

Employing people in the UK

There is no at-will employment in the UK. A written statement of terms is due on day one, holiday is 5.6 weeks, a workplace pension is compulsory, £5m employers’ liability insurance is a legal requirement, and unfair dismissal rights are changing under the Employment Rights Act. What an overseas parent must have in place before the first UK payslip.

Key points

  • A written statement of employment particulars is due on or before the first day.
  • Minimum 5.6 weeks’ paid holiday (28 days including bank holidays for full time); statutory sick, maternity and paternity pay; auto-enrolment pension at 3% employer minimum.
  • Employers’ liability insurance of at least £5m is a legal requirement from the first employee.
  • Dismissal must be fair in reason and process; notice periods are statutory minimums and usually longer by contract. Employment Rights Act 2025 reforms phase in from 2026.

Before the first day

Register a PAYE scheme (two to three weeks), choose a workplace pension provider, buy employers’ liability insurance (£5m minimum, from a UK-authorised insurer), check the employee’s right to work in the UK and keep a copy, and issue a written statement of particulars — in practice a full contract — on or before day one. Employing through the overseas parent without a UK entity is possible but usually creates a UK taxable presence for the parent; employer of record or your own company sets out the choice.

What the contract must contain

Names, start date, pay and frequency, hours, holiday entitlement, place of work, notice periods, job title, probation terms, sick pay, pension, training requirements and any collective agreements. Most employers add confidentiality, IP assignment, restrictive covenants and a governing-law clause. English law will govern the employment of someone working in England whatever the contract says, and UK statutory rights cannot be contracted out of. We provide a compliant template; anything bespoke goes to an employment solicitor.

Pay, hours and leave

Item2025/26 rule
National Living Wage (21+)£12.21 an hour
Working time48-hour average weekly limit unless the employee opts out in writing
Holiday5.6 weeks a year, including bank holidays if the employer chooses; paid at normal pay
Statutory sick pay£118.75 a week for up to 28 weeks; changing to day-one entitlement under the Employment Rights Act
MaternityUp to 52 weeks’ leave; 39 weeks paid, first 6 at 90% of pay then £187.18 a week
Paternity2 weeks at £187.18 a week
PensionAuto-enrolment: employer minimum 3% of qualifying earnings (£6,240–£50,270), employee 5%

What it costs

Salary is about four-fifths of the total. Employer National Insurance is 15% of earnings above £5,000 a year, reduced by the £10,500 Employment Allowance where the group is eligible (once across all connected companies). Employer pension is at least 3% of qualifying earnings. Employers’ liability insurance is a few hundred pounds a year. For a £50,000 salary the all-in figure is roughly £58,000. Employment cost calculator.

Ending employment

There is no at-will employment. Notice is at least one week after one month’s service, rising to one week per year of service up to twelve; contracts usually specify one to three months. Dismissal must be for a fair reason (conduct, capability, redundancy, illegality or some other substantial reason) and follow a fair process. Currently employees need two years’ service to claim unfair dismissal; the Employment Rights Act 2025 is reducing that to a shorter qualifying period with a statutory probation regime, phasing in from 2026 — check the current position before dismissing anyone. Discrimination and whistleblowing claims have no service requirement and no cap on compensation.

Employees who come from head office

Secondees are taxable in the UK on UK workdays from day one and usually need UK PAYE even if paid at home. Social security stays at home for up to 24 months for EU/EEA staff and five years for US staff under the respective agreements; India, the UAE and Singapore have no agreement with the UK so National Insurance applies immediately. Visa sponsorship requires a sponsor licence — immigration law, handled with an immigration adviser. Seconded staff: payroll and tax.

Common questions

Can we employ someone in the UK without a UK company?
Yes, via an employer of record or by registering the overseas company for PAYE. Both leave the question of the parent’s UK taxable presence unanswered; a UK subsidiary settles it.
Is a probation period legally recognised?
Contractually, yes, and the Employment Rights Act introduces a statutory probation regime. Rights such as holiday and pension apply from day one regardless.
How much notice must we give?
The statutory minimum is one week after one month’s service, rising with service. Most contracts specify more. Pay in lieu of notice is allowed if the contract provides for it.
Do we need an HR policy handbook?
A disciplinary and grievance procedure is required in the written statement. A short handbook covering conduct, absence, data and equality is strongly advisable and we provide a template.

General information for overseas businesses considering the UK, correct to the best of our knowledge at the date shown. Not advice for your specific circumstances — rates and thresholds change, usually each April. Check with us or HMRC before acting on it.