Employment Rights

UK Care Worker Rights 2025: Everything You Need to Know

Your complete guide to employment rights as a care worker in the UK, including special protections for sponsored visa holders.

Updated February 2025 15 min read

Key Rights at a Glance

  • You have the same employment rights as any UK worker, regardless of your visa status
  • Your employer cannot hold your passport or immigration documents
  • You are entitled to the National Minimum Wage for all hours worked
  • You can switch employers without your current employer's permission
  • You are protected from unfair dismissal, discrimination, and harassment

Working Hours

The Working Time Regulations 1998 set clear limits on working hours:

48 hrs/wk
Maximum average working week (unless you opt out voluntarily)
11 hours
Minimum rest between shifts
20 min
Paid break for shifts over 6 hours
1 day/wk
Minimum weekly rest day (or 2 days in 14)

Night workers: If you regularly work nights, you cannot work more than 8 hours in any 24-hour period on average. Your employer must offer you a free health assessment.

Holiday Entitlement

All workers in the UK are entitled to paid annual leave:

Pay Rights

RightDetail
National Living WageGBP 12.21/hour (21+) from April 2025 for ALL hours worked
Itemised payslipYou must receive a detailed payslip showing gross pay, deductions, and net pay
Travel timeTime spent travelling between clients during your shift must be paid
Sleep-in shiftsAt least NMW for hours you are required to be awake; varies for sleeping hours
Training timeMandatory training must be paid at your normal rate
No illegal deductionsEmployer CANNOT deduct visa costs, recruitment fees, or excessive accommodation

Special Protections for Sponsored Workers

As a sponsored visa holder, you have additional protections:

Right to Switch Employers

You can switch to any employer who holds a valid sponsor licence. Your current employer does not need to agree. Read our switching guide.

No Clawback Clauses

Employers cannot charge you for visa sponsorship costs, the Immigration Skills Charge, or recruitment fees. Any clause in your contract requiring repayment of these costs is unenforceable.

60-Day Grace Period

If your employer loses their licence or you are dismissed, you have 60 days to find a new sponsor and submit a new visa application. Your existing permission to work continues during this period.

Whistleblower Protection

You are legally protected if you report your employer for breaking the law (e.g., paying below minimum wage, unsafe conditions). Your employer cannot dismiss you or treat you unfairly for reporting.

Where to Get Help

ACAS Helpline

Free employment advice

0300 123 1100

Modern Slavery Helpline

If documents held or forced labour

08000 121 700

Citizens Advice

Free legal guidance

0800 144 8848

HMRC (Pay issues)

Report minimum wage violations

0300 123 1100

Frequently Asked Questions

How many hours can a care worker work per week?

Maximum 48 hours per week on average (over 17 weeks). You can voluntarily opt out but cannot be forced to. You can opt back in by giving notice.

Can my employer hold my passport?

No. This is illegal and can be a sign of modern slavery. Contact the Modern Slavery Helpline (08000 121 700) immediately if your employer holds your documents.

What happens if my employer loses their sponsor licence?

You get 60 days to find a new sponsor. Use CareVisa to search for alternative sponsors. You can continue working during this period.

Am I entitled to sick pay?

Yes. SSP is GBP 116.75/week for up to 28 weeks if you earn at least GBP 123/week and have been off 4+ consecutive days. Many employers offer enhanced sick pay above this.