Can an employer do that? Twelve things people ask us about work rights

8 minute read · 2026-09-01

These are the questions people actually ask, with the rule rather than an opinion. None of it is legal advice for your specific case, and Acas gives that free on 0300 123 1100.

1. Can they make me do an unpaid trial shift?

A short observed task at interview can be lawful. A shift where you do real work that has value to the business is work, and work must be paid at least the minimum wage. "Come in Saturday and see how you get on" for eight hours on the floor is not a trial, it is a shift.

2. Can they change my hours or rota without asking?

Only if your contract genuinely allows it, and even then it must be exercised reasonably. A permanent change to your contractual hours normally needs your agreement. If they impose it, raise a grievance in writing before you accept it by working the new pattern for months.

3. Can they refuse my holiday?

Yes, they can refuse a specific request, and they can require you to take leave at set times with proper notice. What they cannot do is prevent you taking your 5.6 weeks over the leave year, or pay you instead of letting you take it, except when you leave.

4. Can they hold my wages back?

Only where the law or your contract clearly allows the deduction, or you have agreed in writing beforehand. Withholding pay because you left without notice, or because of till shortages, is only lawful if the contract says so and the process is fair. Otherwise it is an unlawful deduction under the Employment Rights Act 1996.

5. Can they ask about my health at interview?

Generally no. Section 60 of the Equality Act 2010 prohibits health questions before an offer, with narrow exceptions such as arranging adjustments for the interview itself. They can ask after an offer, and they must consider reasonable adjustments.

6. Can they ask if I have children, or plan to?

They can ask, and it is a very poor idea for them, because a rejection afterwards looks like discrimination on pregnancy, maternity or sex. You are not obliged to answer, and how somebody reacts to a polite deflection tells you a lot about the employer.

7. Do I have to tell them about a criminal conviction?

If it is spent under the Rehabilitation of Offenders Act 1974, generally no, and for most jobs they should not ask. Roles requiring a standard or enhanced DBS check are different, and there you must be straight.

8. Can they sack me in my first two years for no reason?

Ordinary unfair dismissal protection generally needs two years' service, so in practice yes, with notice. But there is no qualifying period at all for dismissal that is automatically unfair or discriminatory: pregnancy, whistleblowing, asserting a statutory right, or a protected characteristic. Those apply from day one.

9. Can they refuse to give me a reference?

Yes. There is no general duty to give one, which is why so many employers confirm only dates and job title. If they do give one it must be accurate, fair and not misleading.

10. Can an agency charge me to find work?

No. Charging a work seeker for work finding services is unlawful under the Conduct Regulations 2003. Fees for optional extras like CV writing must be genuinely optional and separately agreed. If somebody wants money to get you a shift, walk away and report it.

11. Can they pay me less than the minimum wage if I am on a training scheme?

Only in the specific cases the law allows, such as first year apprentices on the apprentice rate. A "training period" invented by an employer at £8 an hour is not one of them.

12. Can they stop me working somewhere else?

An exclusivity clause in a zero hours contract is unenforceable. Other restrictions must be reasonable and, in practice, restrictive covenants after employment are frequently unenforceable when they are wider than the business genuinely needs.

Where to get help, free

Acas on 0300 123 1100 for employment rights. Citizens Advice for money and benefits. The Fair Work Agency for agency standards. HMRC for minimum wage complaints, which can be made anonymously. Keep your payslips, your rota and your messages: those three win most disputes.