Check your claim

Author: Budget Legal Advice

  • Public Rights of Way Over Private Land in England and Wales: The Definitive Map, the 20-Year Rule and Obstructions

    A path that crosses private land can still be a public highway. In England and Wales the Highways Act 1980 and the Wildlife and Countryside Act 1981 decide how such rights arise, how they are recorded and who must protect them. This guide covers England and Wales only, because legislation.gov.uk marks the provisions discussed as extending to England and Wales (GOV.UK points to a separate source for Scotland), and it is general information, not advice on a particular path.

    Types of public right of way

    GOV.UK says the public can walk on all public rights of way, and some are also open to horse riders, cyclists or motorists. It lists footpaths, open to walkers, runners, mobility scooters and powered wheelchairs; bridleways, which add horse riding and bicycles; restricted byways, open to any transport without a motor plus mobility scooters and powered wheelchairs; and byways open to all traffic, open to any kind of transport, including cars. Rights of way are marked with signs or coloured arrows, such as yellow for footpaths and blue for bridleways, and routes can be found on Ordnance Survey and other maps and on some council websites.

    The definitive map and statement

    Councils keep a definitive map and statement. Under section 56 of the Wildlife and Countryside Act 1981, a footpath shown on the map is conclusive evidence that a highway existed at the relevant date and that the public had a right of way on foot. A bridleway adds a right on horseback or leading a horse. A byway open to all traffic is conclusive evidence of a right of way for vehicular and all other kinds of traffic, and a restricted byway of a right on foot, on horseback and for vehicles other than mechanically propelled ones. Section 56 says this is without prejudice to any question whether the public had other rights, and it applies only to the extent set out in the section.

    How a path can become a highway after 20 years

    Section 31 of the Highways Act 1980 provides that where a way has actually been enjoyed by the public as of right and without interruption for a full period of 20 years, it is deemed dedicated as a highway, unless there is sufficient evidence that there was no intention to dedicate during that period. The 20 years are calculated retrospectively from the date the public’s right to use the way is brought into question, whether by a notice or otherwise.

    What a landowner can do to prevent dedication

    Section 31(3) says a notice visible to people using the way and inconsistent with dedication, if maintained, is sufficient evidence, in the absence of proof of a contrary intention, that there was no intention to dedicate. Where a notice is torn down or defaced, section 31(5) allows the owner to give notice to the appropriate council that the way is not dedicated. Under section 31(6) an owner may also deposit a map and statement with the council indicating which ways the owner admits to have been dedicated, and lodge declarations that no additional ways have been dedicated.

    GOV.UK also describes permissive access, where a landowner agrees to let people use land for walking, cycling or horse riding. Signs indicate it, and it is a permission rather than a public right of way.

    Obstructions and who must act

    Section 130(1) makes it the duty of a highway authority to assert and protect the public’s right to use and enjoy any highway for which it is the highway authority. Section 130(3) adds a duty to prevent, as far as possible, the stopping up or obstruction of those highways. If a parish or community council represents to the local highway authority that a highway has been unlawfully obstructed, section 130(6) makes it the authority’s duty, unless satisfied the representation is incorrect, to take proper proceedings.

    Section 137 makes it an offence for a person, without lawful authority or excuse, to wilfully obstruct the free passage along a highway. Boundary questions that sometimes arise alongside are covered in the guide to boundary disputes.

    Reporting a problem

    GOV.UK says a problem with a right of way, such as an obstruction, poor maintenance or a misleading sign, should be reported to the local council, and the same council should be contacted about adding, changing or removing a right of way. If the council has not dealt with an enquiry properly, GOV.UK says the Local Government Ombudsman can be contacted.

    FAQs

    Does a path shown on the definitive map have to be used before it is protected?

    No. Section 56 makes the map conclusive evidence of the rights it shows as at the relevant date, subject to the terms of that section.

    Can a landowner block a path that has been used for many years?

    Not lawfully if it is a public highway. Section 137 makes wilful obstruction of a highway without lawful authority or excuse an offence, and section 130 gives highway authorities duties to act.

    Does the 20-year rule apply in Scotland?

    Section 31 of the Highways Act 1980 is marked by legislation.gov.uk as extending to England and Wales, and GOV.UK directs people in Scotland to a different source of route information.

    The bottom line

    In England and Wales, a path across private land is a public right of way if it is recorded on the definitive map or has been used by the public as of right for 20 years without interruption and without evidence of contrary intention. Highway authorities must assert and protect such routes, and wilful obstruction can be an offence. Problems are reported to the local council. This is general information, not legal advice.

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  • Written Statement of Employment Particulars in Great Britain: What an Employer Must Give You on Day One and What Happens If It Does Not

    A worker in Great Britain is entitled to a written statement of the main terms of the job, and it is due on or before the first day. Section 1 of the Employment Rights Act 1996 imposes the duty, which applies to workers as well as employees. The statement is not the contract itself, and this guide covers England, Wales and Scotland in general terms, not the position on a particular job.

    Who is entitled to the statement

    Section 1(1) of the 1996 Act says that where a worker begins employment with an employer, the employer must give the worker a written statement of particulars of employment. GOV.UK says the duty covers employees and workers and that the document is known as a written statement of employment particulars. It is not an employment contract, and GOV.UK adds that an employment contract does not have to be written down and exists as soon as a job offer is accepted. The difference between an employee and a worker is explained in the guide to employee, worker or self-employed status.

    Timing: the principal statement and the wider statement

    GOV.UK says the statement has two parts. The principal statement must be provided on the first day of employment, and the wider written statement within two months of the start. Subject to the exceptions in sections 2(2) to (4), section 1(2) requires the particulars in section 1(3) and (4) to be in a single document, given not later than the beginning of the employment.

    What the principal statement must include

    GOV.UK lists at least the following, together with the names of the employer and the worker, the job title or a description of the work and the start date:

    • how much and how often the worker will be paid;
    • hours and days of work, and if and how they may vary;
    • holiday entitlement, including whether it includes public holidays;
    • where the work will be done and whether relocation is possible;
    • how long the job is expected to last, and the end date if fixed-term;
    • the length and conditions of any probation period;
    • any other benefits, and any obligatory training whether or not the employer pays for it.

    For employees, it must also give the date on which a previous job started if it counts towards continuous employment.

    On the first day the employer must also give information about sick pay and procedures, other paid leave, such as maternity and paternity leave, and notice periods. GOV.UK says the employer can include these in the principal statement or provide them in a separate document that the worker has reasonable access to, such as on an intranet.

    The wider statement

    Within two months, GOV.UK says, the employer must give information about pensions and pension schemes, collective agreements, any other right to non-compulsory training provided by the employer, and disciplinary and grievance procedures. The grievance process itself is described in the guide to grievance procedures at work.

    Changes to terms

    Section 4 says that if there is a change in any matter that the statement must cover, the employer must give the worker a written statement of the change at the earliest opportunity and in any event not later than one month after the change. GOV.UK says the same. Where the change results from the worker being required to work outside the UK for more than a month, the statement is due by the time the worker leaves the UK, if that is earlier.

    If the statement is missing or wrong

    GOV.UK suggests trying to solve the problem informally, then raising a grievance, and taking a tribunal case as a last resort. Section 11 allows a worker to require a reference to an employment tribunal where the employer gives no statement or one that does not comply, and the tribunal decides what particulars should have been included. If the employment has ended, an application must generally be made within three months of the date it ended, or within such further period as the tribunal considers reasonable where it was not reasonably practicable to apply in time. Section 207B extends that limit for early conciliation, and the process is explained in the guide to Acas early conciliation and tribunal time limits.

    GOV.UK says that where a worker wins a separate case, such as one about unauthorised deductions from pay, the tribunal may award compensation for a problem with the written statement too, up to four weeks’ pay, subject to the limit on a week’s pay.

    FAQs

    Is the written statement the same as my contract?

    No. GOV.UK says the written statement is not an employment contract, and a contract does not have to be written down.

    Does a casual worker get a statement?

    Section 1 applies to a worker who begins employment with an employer, and GOV.UK says employers must give it to employees and workers.

    How soon must an employer tell me about a change?

    Under section 4 the statement of change is due at the earliest opportunity and not later than one month after the change.

    The bottom line

    In Great Britain, an employer must give every new worker a written statement of particulars, with the principal statement on the first day and the wider statement within two months, and must confirm changes in writing within one month. A missing or defective statement can be referred to an employment tribunal, usually within three months of the job ending if it has ended. This is general information, not legal advice.

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  • National Minimum Wage and National Living Wage: The April 2026 Rates, Who Qualifies, What Time Counts and How Underpayment Is Put Right

    The National Minimum Wage Act 1998 requires employers to pay a qualifying worker at least the national minimum wage for each pay reference period, and it applies to work in the United Kingdom under section 1(2). This guide explains the hourly rates in force from April 2026, who qualifies, what counts as working time and pay, and what the Act says when a worker has been underpaid. It is general information, not advice on a particular pay dispute.

    The hourly rates from April 2026

    GOV.UK says the rates change on 1 April every year and gives the April 2026 rates as £12.71 an hour for workers aged 21 and over (the National Living Wage), £10.85 for those aged 18 to 20, and £8.00 for those under 18 and for apprentices. GOV.UK says a worker must be at least school leaving age to get the National Minimum Wage and aged 21 to get the National Living Wage. Apprentices get the apprentice rate if they are under 19, or 19 or over and in the first year of the apprenticeship; after that, they are entitled to the rate for their age.

    Who qualifies

    Section 1(2) says a person qualifies if they are a worker, work or ordinarily work in the United Kingdom under the contract and have ceased to be of compulsory school age. GOV.UK lists part-time workers, casual labourers, agency workers, homeworkers paid by the item, apprentices, trainees, workers on probation and disabled workers among those entitled. It says a contract for pay below the minimum wage is not legally binding, and the worker remains entitled to the correct rate. Employment status is explained in the guide to employee, worker or self-employed status.

    GOV.UK lists those who are not entitled, including self-employed people running their own business, company directors, volunteers, members of the armed forces, family members of the employer who live in the employer’s home, and workers below school leaving age.

    What working time counts

    GOV.UK explains that the minimum wage is worked out as an hourly rate even where a worker is not paid by the hour, so an equivalent hourly rate must be calculated. Working time includes time at work and required to be working, standby time near the workplace, time not working because of a machine breakdown while kept at the workplace, time waiting to collect goods or start a job, time travelling for work between assignments, and training or travel to training. It does not include travelling between home and work, rest breaks, holidays, sick leave, maternity leave or industrial action.

    What counts as pay

    For time work, GOV.UK says average hourly pay must be at least the minimum wage over the period each pay packet covers, so a worker paid monthly is tested over one month. Employer-provided accommodation can be taken into account, and GOV.UK says no other company benefit, such as food, a car or childcare vouchers, counts towards the minimum wage. From April 2026 the accommodation offset is £11.10 a day or £77.70 a week. If the employer charges more than the offset, the excess reduces pay counted towards the minimum wage, and if accommodation is free the offset is added to pay.

    When a worker has been underpaid

    Section 17 says a qualifying worker paid below the minimum wage for a pay reference period is taken to be entitled under the contract to additional remuneration for that period. It is the higher of two amounts: the shortfall between what was paid and what would have been paid at the rate then in force, and an amount worked out by a formula that updates the shortfall by the current rate. In plain terms, arrears can be calculated at today’s rate where that is higher. GOV.UK points to the minimum wage calculator for workers, which it says can check whether an employer owes payment from the previous year.

    Section 28 reverses the burden of proof on some points. In civil proceedings it is presumed that an individual qualifies for the minimum wage unless the contrary is established, and, in a claim for the section 17 amount, it is presumed that the worker was paid below the minimum wage unless the contrary is established. A worker can also complain to an employment tribunal if the employer fails to produce pay records on request, and section 11 provides an award of 80 times the hourly minimum wage where the complaint succeeds. A complaint under section 11 has a three-month time limit, which is explained in the guide to Acas early conciliation and tribunal time limits. A different route for pay taken away without authority is covered in the guide to unauthorised deductions from wages.

    FAQs

    Does the National Living Wage apply to a 19-year-old?

    No. GOV.UK says the National Living Wage is for workers aged 21 and over; a worker aged 18 to 20 is entitled to the rate for that age band from April 2026, or the apprentice rate where that applies.

    Does a company car or free food count towards minimum wage?

    GOV.UK says only accommodation can be taken into account, and no other company benefit counts.

    Can a contract lawfully set pay below the minimum wage?

    No. GOV.UK says contracts for pay below the minimum wage are not legally binding, and the worker remains entitled to the correct rate.

    The bottom line

    The National Minimum Wage Act 1998 gives qualifying workers in the United Kingdom a right to at least the prescribed hourly rate, which from April 2026 is £12.71 for those aged 21 and over, £10.85 for 18 to 20 and £8.00 for under 18s and apprentices, according to GOV.UK. Working time and accommodation are counted by defined rules, and arrears can be recovered under section 17. This is general information, not legal advice.

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  • Flexible Working Requests in Great Britain: The Statutory Right, the Two-Month Decision Period and the Eight Refusal Grounds

    Every employee in Great Britain has a statutory right to ask for a change to their working pattern, but not a right to have the request granted. Part 8A of the Employment Rights Act 1996 sets out how a request is made and what an employer must do with it. GOV.UK notes that the rules are different in Northern Ireland, so this guide covers England, Wales and Scotland only and is general information, not advice on a particular request.

    Who can ask and what can be requested

    GOV.UK says all employees have the legal right to request flexible working and can do so from their first day in a job. A request can be for a change to the number of hours worked, when work starts or finishes, the days worked or where the work is done. Section 80F(1) of the 1996 Act lists the same subjects: hours, times and whether work is done at home or at a place of business of the employer. Section 80F(8) excludes agency workers, other than one returning from parental leave, from the definition of a qualifying employee. Employment status is explained in the guide to employee, worker or self-employed status.

    What the written request must contain

    Under section 80F(2) an application must state that it is a statutory application and specify the change applied for and the date on which it should take effect. GOV.UK says the email or letter must also include the date of the request and a statement saying if and when a previous application was made. Employers may ask employees to use a standard form, and Acas publishes a template. Under section 80F(4) an employee may not make more than two applications to the same employer in any 12-month period, and may not apply while another application is still proceeding, which includes any appeal.

    What the employer must do

    Section 80G(1) requires the employer to deal with the application in a reasonable manner, not to refuse it unless the employee has been consulted, and to notify the decision within the decision period. Under section 80G(1B) that period is two months from the date the application is made, or a longer period agreed by the employer and the employee.

    GOV.UK gives examples of a reasonable manner: assessing the advantages and disadvantages of the request, discussing alternatives and offering an appeal process. It refers to the Acas code of practice on flexible working requests. If the request is agreed, GOV.UK says the employer should confirm the changes and a start date in writing and change the contract as soon as possible, and no later than 28 days after approval.

    The eight grounds for refusal

    An employer can refuse only on the grounds listed in section 80G(1)(b), and GOV.UK repeats them in plain words. They are:

    • extra costs that will damage the business;
    • the work cannot be reorganised among other staff;
    • people cannot be recruited to do the work;
    • flexible working will affect quality;
    • flexible working will affect performance;
    • the business will not be able to meet customer demand;
    • there is a lack of work to do during the proposed working times;
    • the business is planning changes to the workforce.

    The employer must tell the employee that the request has been refused, and GOV.UK stresses that the request must have been discussed with the employee before a refusal.

    Appeals

    GOV.UK says employees no longer have a statutory right to appeal a refusal, although the employer may still offer an appeals process, and the employee should check whether one exists. The company’s own procedure should be followed, and the general route for a workplace dispute is described in the guide to grievance procedures at work.

    Going to an employment tribunal

    Section 80H allows a complaint to an employment tribunal in limited situations: the employer failed to follow section 80G, the refusal was based on incorrect facts, or the employer wrongly treated the application as withdrawn. GOV.UK adds that an employee cannot complain to a tribunal just because the request was refused, and that treating an employee poorly because of a request, such as refusing a promotion or pay rise, can also be a ground. The complaint must be presented within three months of the relevant date under section 80H(5), and GOV.UK gives the date of the decision, of the appeal outcome or of the missed response deadline. The way early conciliation interacts with this time limit is explained in the guide to Acas early conciliation and tribunal time limits.

    Withdrawal of a request

    GOV.UK says an application can be treated as withdrawn if the employee misses two meetings to discuss the request or an appeal without good reason, such as sickness. The employer must tell the employee that it is treating the request as withdrawn.

    FAQs

    Can my employer refuse without discussing it with me?

    No. GOV.UK says the employer must discuss the request with the employee before refusing it, and section 80G(1)(aza) prohibits refusal unless the employee has been consulted.

    How many requests can I make?

    Two in any 12-month period, and not while another request is still proceeding, under section 80F(4).

    Can I go to a tribunal if my request is simply turned down?

    Not for the refusal alone. A tribunal complaint needs one of the grounds in section 80H, such as failure to handle the request reasonably or a refusal based on incorrect facts.

    The bottom line

    In Great Britain, employees can make up to two statutory flexible working requests a year from their first day in a job, and the employer must consult, decide within two months unless a longer time is agreed, and refuse only on one of the listed grounds. A refusal alone cannot be taken to a tribunal, but a failure to follow the process can, within three months. This is general information, not legal advice.

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  • Statutory Sick Pay in Great Britain: Who Qualifies, the Weekly Rate, Linked Periods and the 28-Week Limit

    Statutory Sick Pay (SSP) is the minimum sick pay an employer must pay an employee who is too ill to work. Part XI of the Social Security Contributions and Benefits Act 1992 creates the right, and legislation.gov.uk marks the Part as extending to England, Wales and Scotland. This guide covers Great Britain only and is a general explanation of GOV.UK guidance and the Act, not advice on a particular absence.

    Who can claim Statutory Sick Pay

    GOV.UK says that to qualify for SSP a person must be classed as an employee, have done some work for the employer and have been ill for at least one full working day. Agency workers may also be entitled. Section 151 of the 1992 Act makes the employer liable to pay SSP for a day of incapacity for work when the conditions in sections 153 and 154 are met. Whether someone counts as an employee is a separate question, explained in the guide to employee, worker or self-employed status.

    GOV.UK also lists two situations in which SSP is not payable: where the maximum of 28 weeks has already been paid, and where the person is getting Statutory Maternity Pay.

    What SSP pays and for how long

    GOV.UK gives the rate as £123.25 a week, or 80% of normal weekly earnings if that is lower, for up to 28 weeks. These are the figures on the GOV.UK guide in September 2026; the rate is reviewed periodically, so the current page should be checked. The employer uses average weekly earnings over an 8-week period to work out the amount, and a person who started recently and has not yet received 8 weeks of pay can still qualify.

    SSP is paid for all the full days off sick that the person would normally have worked. It is paid in the same way as normal wages, such as weekly or monthly, and tax and National Insurance are deducted. Under section 155 the entitlement limit is 28 times the weekly rate, and section 155(1) was omitted with effect from 6 April 2026 by the Employment Rights Act 2025, according to the legislation.gov.uk record. The GOV.UK eligibility page now lists no waiting period beyond being ill for at least one full working day.

    Telling the employer and giving proof

    GOV.UK says the employee must usually tell the employer about being unable to work before the deadline the employer sets, or within 7 days if none is set, and that some SSP can be lost if the employer is not told in time. A fit note is needed if the absence lasts more than 7 days in a row, counting non-working days. GOV.UK lists a GP or hospital doctor, registered nurse, occupational therapist, pharmacist and physiotherapist as professionals who can issue one. If the employer agrees, other appropriate evidence can be used instead, such as an Allied Health Professional Health and Work Report or a return-to-work plan.

    Linked periods of sickness

    Separate spells of illness can join together. Section 152(3) treats two periods of incapacity separated by not more than 8 weeks as a single period, and GOV.UK describes the same test: periods that last more than one full working day and are 8 weeks or less apart are linked. GOV.UK adds that a continuous series of linked periods lasting more than 3 years ends eligibility for SSP.

    A contract or agreement cannot cut SSP below the statutory amount

    Section 151(2) provides that any agreement is void to the extent that it purports to exclude, limit or otherwise modify the SSP provisions, or to make an employee contribute towards the employer’s costs of SSP. GOV.UK says the same in plain terms: a person cannot get less than the statutory amount, and more can be paid under a company scheme, which is why the employment contract should be checked. A worker who thinks the amount is wrong is told to talk to the employer and, if still unhappy, to contact the HMRC enquiry line.

    When SSP ends or is not payable

    GOV.UK says a person who does not qualify, or whose SSP ends, may be able to apply for Universal Credit or Employment and Support Allowance, and Form SSP1 can support the application. If SSP ends unexpectedly while the person is still sick, the employer must send Form SSP1 within 7 days of it ending. If SSP is expected to end before the sickness does, the form is due on or before the beginning of the 23rd week. Where the person does not qualify at all, the employer must send Form SSP1 within 7 days of the first day off sick.

    A dispute over sickness absence can be raised under the process described in the guide to grievance procedures at work.

    FAQs

    Do I need a fit note for a two-day absence?

    GOV.UK says a fit note is needed if the absence is more than 7 days in a row, including non-working days.

    Can two short illnesses count as one for the 28-week limit?

    Yes. Under section 152(3) and the GOV.UK guidance, illness periods no more than 8 weeks apart are linked and count as one continuous series.

    Can my employer pay less than SSP because my contract says so?

    No. Section 151(2) makes an agreement void to the extent that it excludes, limits or modifies the SSP provisions.

    The bottom line

    In Great Britain, Statutory Sick Pay is a minimum entitlement for employees who are ill for at least one full working day, paid by the employer for up to 28 weeks at the lower of the weekly rate and 80% of average weekly earnings. Illness spells 8 weeks or less apart are linked, a fit note is needed after 7 days, and no agreement can cut the statutory amount. This is general information, not legal advice.

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  • Late Payment by Another Business: Statutory Interest and Fixed Recovery Costs Under the Late Payment of Commercial Debts Act 1998

    A supplier owed money by another business does not have to accept late payment as a cost of trade. The Late Payment of Commercial Debts (Interest) Act 1998 implies a term into qualifying contracts that late debts carry statutory interest, and a fixed sum is added on top. The Act is UK legislation, so it applies across the UK; this guide explains the rules in general terms, and the court steps in England and Wales are covered in linked guides.

    Which contracts are covered

    Section 2 says the Act applies to a contract for the supply of goods or services where the purchaser and the supplier are each acting in the course of a business. Consumer credit agreements and contracts intended to operate as a mortgage, pledge, charge or other security are excepted, and a contract of service or apprenticeship is not a contract for the supply of goods or services. "Business" includes a profession and the activities of a government department or local or public authority. A sale to a private consumer is therefore outside the Act, and consumer purchasers have different remedies, described in the guide to the Consumer Rights Act 2015.

    When a payment becomes late

    GOV.UK explains that if the parties agree a payment date, it must usually be within 30 days for public authorities or 60 days for business transactions. A longer period than 60 days for a business transaction can be agreed, but it must be fair to both businesses. If no payment date is agreed, the payment is late 30 days after the customer gets the invoice or the supplier delivers the goods or provides the service, whichever is later. Section 4 puts the same idea into legal terms: statutory interest starts to run on the day after the "relevant day", and an agreed payment day that falls after the 60-day period is respected only if it is not grossly unfair to the supplier.

    Statutory interest

    Section 1 implies a term that a qualifying debt carries simple interest. GOV.UK gives the rate for business-to-business transactions as 8% plus the Bank of England base rate, and adds that statutory interest cannot be claimed where a contract sets a different rate of interest. Its worked example uses a £1,000 debt and daily interest, and it advises sending a new invoice if the supplier decides to add interest to the money owed. Because the base rate changes over time, the current figure should be taken from the Bank of England when a claim is calculated. Statutory interest ceases to run when it would cease to run under an express contract term.

    The fixed sum for recovery costs

    Section 5A entitles the supplier, once statutory interest begins to run, to a fixed sum in addition to the interest. The sum is £40 for a debt of less than £1,000, £70 for a debt of £1,000 or more but less than £10,000, and £100 for a debt of £10,000 or more. If the supplier’s reasonable costs of recovering the debt are not met by the fixed sum, the supplier can also claim the difference. GOV.UK says the fixed sum can be charged only once for each payment.

    Contract terms that try to override the Act

    Part II of the Act allows contract terms to oust or vary the right to statutory interest, but only in limited circumstances. Under section 9, a remedy for late payment counts as a "substantial remedy" unless it is insufficient to compensate the supplier or to deter late payment and it would not be fair or reasonable to let it displace statutory interest. The court considers all the relevant circumstances when the terms were agreed, including commercial certainty, the parties’ relative bargaining strength, whether one party imposed the term and whether the supplier received an inducement to agree it. A term relating to the fixed sum is also subject to the Unfair Contract Terms Act 1977, even where it is not in the purchaser’s written standard terms.

    Practical steps

    A supplier should first check that the contract falls within section 2, work out the relevant day under section 4 and record when the invoice was received. The claim can then be set out in a letter or new invoice showing the debt, the interest and the fixed sum. If payment is still not made, the general steps that precede a court claim are covered in the guide to pre-action protocols, a money claim can follow the route in the guide to small claims, and the enforcement options after judgment appear in the guide to enforcing a court judgment. Time limits for the underlying debt are covered in the guide to civil claim time limits.

    FAQs

    Can a private customer be charged statutory interest?

    No. The Act applies where the purchaser and supplier are each acting in the course of a business, so it does not apply to sales to consumers.

    Can the interest rate be changed by contract?

    GOV.UK says statutory interest cannot be claimed where a contract sets a different rate, but the Act’s substantial remedy test in section 9 limits terms that oust the statutory right, so the wording of the agreement matters.

    Is the fixed sum charged per invoice?

    GOV.UK says the fixed sum can be charged only once for each payment.

    The bottom line

    For business-to-business supply contracts, the 1998 Act implies statutory interest on late debts, at 8% plus the Bank of England base rate according to GOV.UK, and adds a fixed sum of £40, £70 or £100 depending on the size of the debt. Agreed payment terms are respected unless grossly unfair, and any term that displaces statutory interest must give a substantial remedy. This is general information, not legal advice.

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  • Statutory Holiday Entitlement in Great Britain: 5.6 Weeks, the 28-Day Cap, Part-Time Workers and Carrying Leave Over

    Most workers in Great Britain have a legal right to paid annual leave, set by the Working Time Regulations 1998, and an employer cannot simply refuse it or swap it for cash during the job. The rules cover how much leave a person builds up, whether bank holidays count, what happens to unused leave and what is owed when employment ends. This guide covers Great Britain, because the Regulations extend to England, Wales and Scotland; Northern Ireland has separate regulations.

    The basic entitlement: 5.6 weeks

    Regulation 13 gives a worker four weeks’ annual leave in each leave year, and regulation 13A adds a further 1.6 weeks for leave years beginning on or after 1 April 2009. GOV.UK summarises the combined result as 5.6 weeks’ paid holiday a year for almost all workers, including agency workers, workers with irregular hours and part-year workers. Regulation 13A caps the combined entitlement at 28 days, so a person working six days a week is still limited to 28 days of statutory leave. Employers can offer more, and any extra leave need not follow all the rules that apply to the statutory minimum.

    Part-time, irregular-hours and part-year workers

    The entitlement is measured in weeks, so part-time workers with regular hours through the year are entitled to at least 5.6 weeks’ paid holiday, which is fewer than 28 days. GOV.UK gives the example of a person working three days a week, who must receive at least 16.8 days (3 × 5.6). For workers with irregular hours or who work only part of the year, GOV.UK says leave builds up depending on the hours already worked, rather than as a fixed number of days. That accrual approach applies to leave years beginning on or after 1 April 2024; for earlier leave years an estimate based on average weekly days or hours could be used.

    Bank holidays

    Bank or public holidays do not have to be given as paid leave. An employer may choose to count them as part of the 5.6 weeks, so a contract that gives 28 days including bank holidays can still meet the statutory minimum for a full-time worker. Where a contract gives bank holidays in addition to the statutory amount, the extra days are a contractual matter and depend on the terms agreed.

    Taking leave and payment instead of leave

    Leave may be taken in instalments. Regulation 13(9) provides that the basic four weeks may only be taken in the leave year in which it is due, subject to the carry-over exceptions, and cannot be replaced by a payment in lieu except when employment is terminated. Regulation 13A applies a similar rule to the additional 1.6 weeks. Under regulation 15, a worker may choose the days of leave by giving notice, but the employer can require the worker to take leave, or not to take it, on particular days by giving the notice the Regulations require.

    Carrying leave into the next year

    Since 1 January 2024, regulation 13 has set out express carry-over rights. A worker who could not take leave because of other statutory leave may carry the untaken leave into the following leave year. A worker who could not take leave because of sick leave may carry it forward, provided it is taken within 18 months of the end of the leave year in which the entitlement arose. Where an employer failed to recognise the right to leave or pay, failed to give a reasonable opportunity to take leave or encourage the worker to do so, or failed to warn that leave not taken and not carried forward would be lost, the worker may carry forward the untaken leave. That carried-over leave cannot be carried beyond the end of the first full leave year in which the employer’s failures no longer apply.

    When employment ends

    Regulation 14 deals with termination during a leave year. If the proportion of leave the worker has taken is less than the proportion of the leave year that has passed, the employer must make a payment in lieu of the untaken leave, calculated under the relevant agreement or, failing that, by the formula in the regulation and the holiday pay provisions of regulation 16. A worker’s leave year is set by a relevant agreement or, where there is none, by the start date of employment. Where leave carried forward remains untaken on termination, the employer must also pay for it. A relevant agreement may allow the employer to be compensated where the worker has taken more leave than had built up.

    If holiday pay is withheld

    Unpaid holiday pay can be a claim for unauthorised deductions, covered in the guide to unauthorised deductions from wages, and time limits for tribunal claims are summarised in the guide to ACAS early conciliation and tribunal time limits. Whether someone is a worker at all is explained in the guide to employment status.

    FAQs

    Do bank holidays count towards the 5.6 weeks?

    Only if the employer chooses to include them. GOV.UK says bank or public holidays do not have to be given as paid leave.

    Can an employer pay me instead of giving leave?

    Not during employment. Regulation 13(9) says the basic leave may not be replaced by a payment in lieu except when employment is terminated.

    How much leave does a person working four days a week get?

    At least 5.6 weeks, which GOV.UK’s method gives as 22.4 days (4 × 5.6).

    The bottom line

    Workers in Great Britain are generally entitled to 5.6 weeks’ paid annual leave, capped at 28 days, with accrual rules for irregular-hours and part-year workers, carry-over rights since 1 January 2024 and a payment in lieu when employment ends. Bank holidays count only if the employer includes them. This is general information, not legal advice.

    Sources

  • Illegal Eviction and Landlord Harassment in England and Wales: The Protection from Eviction Act 1977, Damages and the New Civil Penalty

    A landlord who changes the locks, removes a tenant’s belongings or cuts off the water to force someone out may be committing a criminal offence. The Protection from Eviction Act 1977 makes unlawful eviction and harassment of a residential occupier offences in England and Wales, and separate provisions allow the former occupier to claim damages. A civil penalty regime for local councils applies to premises in England only. This guide covers England and Wales, and points out where the rules apply only in England.

    Who counts as a residential occupier

    Section 1 defines a residential occupier as a person occupying premises as a residence, whether under a contract or under any enactment or rule of law giving a right to remain in occupation or restricting another person’s right to recover possession.

    The offence of unlawful eviction

    Under section 1(2), any person who unlawfully deprives the residential occupier of the premises, or of part of them, or attempts to do so, is guilty of an offence. The only defence written into the subsection is that the person proves that they believed, and had reasonable cause to believe, that the occupier had ceased to reside there. The subsection applies to any person, not only landlords.

    Harassment of an occupier

    Section 1(3) creates a second offence for a person who, intending to make the occupier give up the premises or refrain from exercising a right or remedy, does acts likely to interfere with the peace or comfort of the occupier or their household, or persistently withdraws or withholds services reasonably required for living there. Section 1(3A) adds a specific offence for a landlord or the landlord’s agent who does such acts or persistently withdraws services, knowing or having reasonable cause to believe that the conduct is likely to cause the occupier to give up the premises or refrain from exercising a right. A person is not guilty under that subsection if they prove they had reasonable grounds for the acts or the withdrawal. General harassment law is covered separately in the guide to harassment and stalking.

    Penalties: criminal and civil

    On summary conviction the penalty is a fine up to the prescribed sum, imprisonment of up to 6 months, or both. On conviction on indictment it is a fine, imprisonment of up to 2 years, or both. Since 1 May 2026, section 1A has also allowed a local housing authority in England to impose a financial penalty on a person it is satisfied beyond reasonable doubt has committed an offence under section 1 in relation to premises in England. The amount is set by the authority but must not exceed £40,000. A penalty cannot be imposed for conduct that has led to a conviction or where criminal proceedings for it are pending, and a person cannot be convicted for conduct that has already led to a penalty under section 1A.

    When a court order is required

    Section 3 says that where premises were let as a dwelling under a tenancy that is neither a statutorily protected tenancy nor an excluded tenancy, and the tenancy has ended but the occupier remains, the owner may enforce the right to recover possession only through court proceedings. The same protection applies to dwellings occupied under a licence other than an excluded licence. The route for private tenants in England is explained in the guide to how evictions work in England.

    Excluded tenancies and licences

    Not every occupier has this protection. Under section 3A, a tenancy or licence is excluded where the occupier shares accommodation with a landlord or licensor who lived in that building as their only or principal home both before the grant and when it ends. GOV.UK’s guidance for landlords in England says that, for an excluded tenancy or licence such as a lodger living with the landlord, no court order is needed and only reasonable notice to quit is required. Reasonable notice usually means the length of the rental payment period, it need not be in writing, and the landlord can then change the locks. That guidance applies to England only.

    Damages for the former occupier

    Section 27 of the Housing Act 1988 gives a former residential occupier a claim for damages against a landlord, or a person acting for the landlord, who unlawfully deprives them of their occupation or who harasses them in the way described above so that they give up the premises. The liability is in the nature of tort and is in addition to any other liability in tort, contract or otherwise, although damages cannot be awarded twice for the same loss. No liability arises if the occupier is reinstated, including through a court order made at their request. Related money claims are covered in the guides to tenancy deposit protection and rent repayment orders.

    FAQs

    Can a landlord change the locks if rent is unpaid?

    Not for an occupier protected by the 1977 Act. Unlawfully depriving a residential occupier of occupation is an offence, and the landlord must use the court process unless the tenancy or licence is excluded.

    Does the £40,000 penalty apply in Wales?

    No. Section 1A refers to offences in relation to premises in England. The section 1 offences themselves apply in England and Wales.

    What should an occupier who is locked out do?

    Immediate advice from the local council’s housing or tenancy relations team, a housing charity or a solicitor is sensible, because reinstatement and damages both depend on prompt action.

    The bottom line

    The Protection from Eviction Act 1977 makes it an offence in England and Wales to unlawfully evict or harass a residential occupier, requires a court order to recover possession in most cases, and allows damages under the Housing Act 1988. Since 1 May 2026, English councils can also impose penalties of up to £40,000, while lodgers in excluded arrangements have less protection. This is general information, not legal advice.

    Sources

  • Time Limits for Civil Claims in England and Wales: The Limitation Act 1980 Periods for Contract, Tort, Injury and Defamation

    A person who waits too long to bring a civil claim can lose the right to bring it at all. In England and Wales the main deadlines are set by the Limitation Act 1980, which gives different periods for different kinds of claim, and a short list of situations in which the clock starts late or pauses. This guide covers England and Wales only; Scotland and Northern Ireland have their own limitation law, and employment tribunal claims have separate, much shorter deadlines.

    The basic periods for contract and tort

    Section 5 of the Act provides that an action founded on simple contract may not be brought after six years from the date on which the cause of action accrued. Section 2 sets the same six years for actions founded on tort, such as negligence or nuisance, again running from the date the cause of action accrued. Section 8 gives twelve years for an action upon a specialty, which covers a contract made by deed. The practical steps for a smaller claim are in the guide to bringing a small claim.

    Personal injury claims: three years

    Personal injury has its own rule. Under section 11, an action for damages for negligence, nuisance or breach of duty that includes damages for personal injuries must be brought within three years of either the date the cause of action accrued or, if later, the "date of knowledge" of the injured person. The general tort period in section 2 does not apply to these claims. If the injured person dies within that period, section 11 gives the estate three years from the date of death or the personal representative’s date of knowledge, whichever is later. A road accident claim may follow the streamlined route in the guide to low-value road accident claims, but the limitation period is the same.

    Negligence where the damage is not obvious

    Section 14A applies to negligence claims, other than personal injury, where the facts relevant to the claim were not known when the cause of action accrued. The period is either six years from accrual or three years from the "starting date", whichever expires later. The starting date is the earliest day on which the claimant had both the knowledge needed to bring an action and a right to bring it. That knowledge covers the material facts about the damage, that the damage is attributable to the alleged act or omission, and the identity of the defendant. Knowing that the facts amounted to negligence as a matter of law is irrelevant.

    Defamation: one year

    Section 4A disapplies the six-year tort period for libel, slander, slander of title, slander of goods and other malicious falsehood. No such action may be brought after one year from the date the cause of action accrued. The Defamation Act 2013 adds a single publication rule: where a statement is published to the public and then republished in substantially the same form, the time limit runs from the first publication, unless the manner of the later publication is materially different. The substantive law is summarised in the guide to defamation in England and Wales.

    Judgments and land

    Section 24 provides that no action may be brought upon a judgment after six years from the date on which the judgment became enforceable, and arrears of interest on a judgment debt cannot be recovered after six years from when the interest became due. That is separate from the enforcement methods themselves, which are described in the guide to enforcing a court judgment. For land, section 15 sets twelve years from the date the right of action accrued for an action to recover it, and Schedule 1 contains further rules for deciding when the right of action accrues.

    Fraud, concealment, mistake and disability

    Section 32 postpones the start of the period in three situations: the action is based on the defendant’s fraud, a fact relevant to the right of action has been deliberately concealed by the defendant, or the action is for relief from the consequences of a mistake. In each case the period does not begin until the claimant has discovered the fraud, concealment or mistake, or could with reasonable diligence have discovered it. Deliberately committing a breach of duty in circumstances where it is unlikely to be discovered for some time counts as deliberate concealment.

    Section 28 extends time for a person under a disability when the right of action accrued. In the ordinary case the action may be brought within six years of the person ceasing to be under the disability, or dying, whichever happens first, with three years in personal injury cases and one year for libel or slander.

    FAQs

    Does a claim become worthless once the period ends?

    The Act says an action shall not be brought after the relevant period expires. A claimant who is out of time therefore faces a limitation defence, and anyone in that position should take advice promptly.

    Do the periods apply to employment tribunal claims?

    No. Tribunal claims have separate, much shorter time limits, explained in the guide to ACAS early conciliation and tribunal time limits.

    What if I am unsure when the cause of action accrued?

    The date depends on the type of claim and on the facts, so it is safest to assume the earliest plausible date and act early rather than rely on a later one.

    The bottom line

    The Limitation Act 1980 sets six years for most contract and tort claims, three years for personal injury, twelve years for specialties and land, six years to enforce a judgment and only one year for defamation, with postponement for fraud, concealment, mistake and disability. Because the periods run from different starting points, anyone considering a claim in England and Wales should identify the type of claim early and take legal advice. This is general information, not legal advice.

    Sources

  • Defamation in England and Wales: Serious Harm, the Defences and the One-Year Time Limit

    A statement that damages someone’s reputation may be defamatory, but the law in England and Wales sets a threshold before a claim can succeed and gives defendants several statutory defences. The main rules are in the Defamation Act 2013, which came into force on 1 January 2014, and the key limitation rule is in the Limitation Act 1980. This guide covers England and Wales only; Scotland and Northern Ireland have separate defamation law.

    The serious harm test

    Section 1 of the 2013 Act provides that a statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant. A body that trades for profit faces a tougher test: harm to its reputation is not serious harm unless it has caused or is likely to cause the body serious financial loss. The section extends to England and Wales.

    Truth

    Section 2 makes it a defence for the defendant to show that the imputation conveyed by the statement is substantially true. Where a statement conveys two or more distinct imputations and one or more cannot be shown to be substantially true, the defence does not fail if the imputations that are not shown to be true do not seriously harm the claimant’s reputation, having regard to those that are. The old common law defence of justification is abolished.

    Honest opinion

    Section 3 provides a defence of honest opinion, which replaced the common law defence of fair comment. Three conditions must be met: the statement must be a statement of opinion, it must indicate, in general or specific terms, the basis of the opinion, and an honest person could have held the opinion on the basis of a fact that existed when the statement was published or anything asserted to be a fact in a privileged statement published earlier. The defence is defeated if the claimant shows that the defendant did not hold the opinion. Where the defendant published but did not write the statement, it is defeated if the defendant knew or ought to have known that the author did not hold the opinion.

    Publication on a matter of public interest

    Under section 4 it is a defence for a defendant to show that the statement was, or formed part of, a statement on a matter of public interest, and that the defendant reasonably believed that publishing it was in the public interest. The court must have regard to all the circumstances and must make such allowance for editorial judgement as it considers appropriate. Where the statement was an accurate and impartial account of a dispute to which the claimant was a party, the court must disregard any omission by the defendant to verify the truth of the imputation when deciding whether the belief was reasonable. The defence applies to statements of fact and of opinion, and the common law Reynolds defence is abolished.

    Website operators and user comments

    Section 5 addresses claims against the operator of a website over a statement posted on it. It is a defence for the operator to show that it was not the operator who posted the statement. The defence is defeated if the claimant shows three things: it was not possible to identify the poster, meaning the claimant lacks enough information to bring proceedings against that person; the claimant gave the operator a notice of complaint; and the operator failed to respond to that notice in accordance with regulations. The notice must give the complainant’s name, set out the statement and explain why it is defamatory, and say where on the website it was posted. The defence is also defeated if the operator acted with malice, but it is not lost merely because the operator moderates comments.

    The one-year time limit

    Defamation is treated differently from most civil claims. Section 4A of the Limitation Act 1980 disapplies the usual six-year period for tort claims and provides that no action for libel, slander or malicious falsehood may be brought after one year from the date the cause of action accrued. Section 8 of the 2013 Act adds a single publication rule: if a statement is published to the public and later republished in substantially the same form, the time limit for the later publication runs from the date of the first, unless the manner of the later publication is materially different. The court can consider matters such as the prominence given to the statement and the extent of the later publication. The general steps before issuing proceedings are covered in the guide to pre-action protocols.

    FAQs

    Is an untrue statement automatically defamatory?

    No. Under section 1 the statement must have caused, or be likely to cause, serious harm to the claimant’s reputation, and a for-profit body must show serious financial loss or the likelihood of it.

    Can an opinion be defamatory?

    It can be, but section 3 gives a defence of honest opinion where the conditions are met, including that the statement indicated the basis of the opinion.

    Who should be consulted before bringing or defending a claim?

    Defamation claims turn on detailed rules and deadlines, so a solicitor with relevant experience should be consulted; the guide to checking a solicitor is regulated explains how to verify one.

    The bottom line

    Under the Defamation Act 2013 a statement must cause or be likely to cause serious harm to reputation before it is defamatory, and defendants can rely on truth, honest opinion, publication on a matter of public interest and, for website operators, a defence tied to the identity of the poster. The Limitation Act 1980 allows only one year to sue for libel or slander in England and Wales. This is general information, not legal advice.

    Sources