Qualifying period for claims
NO QUALIFYING PERIOD
|
Written reasons for dismissal where woman is dismissed during pregnancy, OML or AML |
NONE |
Section 92(4) ERA |
|
Unfair Dismissal for a reason connected with taking Jury Service |
NONE |
Section 98B ERA 1996 |
|
Unfair Dismissal where dismissal is for a reason connected with pregnancy, OML, AML, childbirth, ordinary or additional adoption leave, parental leave, ordinary or additional paternity leave or leave to care for dependant |
NONE |
Section 99 ERA |
|
Unfair Dismissal for a reason connected with health and safety at work |
NONE |
Section 100 ERA |
|
Unfair dismissal of shopworker/ betting worker for refusal of Sunday work (excepted opted out shopworker/betting worker) |
NONE |
Section 101 ERA
|
|
Unfair dismissal for a reason connected with the WTR |
NONE |
Section 101A ERA |
|
Unfair Dismissal for a reason connected with education and training under sections 27 and 28 of the Education and Skills Act 2008 |
NONE |
Section 101B ERA |
|
Unfair Dismissal for a reason connected with being a trustee of a relevant occupational pension scheme |
NONE |
Section 102 ERA |
|
Unfair Dismissal for a reason connected with carrying out functions or activities as an employee representative |
NONE |
Section 103 ERA |
|
Unfair Dismissal for making a protected disclosure |
NONE |
Section 103A ERA |
|
Unfair Dismissal for asserting a statutory right |
NONE |
Section 104 ERA 1996 |
|
Unfair Dismissal in relation to the national minimum wage |
NONE |
Section 104A ERA 1996 |
|
Unfair Dismissal in relation to tax credits under Section 25 Tax Credits Act 2002 |
NONE |
Section 104B ERA |
|
Unfair Dismissal in connection with a flexible working request |
NONE |
Section 104C ERA |
|
Unfair Dismissal in connection with pension auto-enrolment under the Pension Act 2008 |
NONE |
Section 104D ERA |
|
Unfair Dismissal in connection to request for time off for study/training |
NONE |
Section 104E ERA |
|
Unfair Dismissal for a reason connected with blacklisting under the Employment Relations Act 1999 (Blacklists) Regulations 2010 |
NONE |
Section 104F ERA |
|
Unfair Dismissal for refusing to become an employee shareholder |
|
Section 104G ERA implemented by Section 31 Growth and Infrastructure Act 2013 |
|
Unfair Dismissal in relation to selection for redundancy for a protected reason |
NONE |
Section 105 ERA |
|
Interim relief for unfair dismissal complaints in relation to: public interest disclosure, health and safety, trade union activities |
NONE |
Section 128 ERA Sections 100-103A ERA; Sch A1 TULR(C)A |
|
Unfair Dismissal for establishment of or participation in a EWC; functions or activities relating to a EWC, a special negotiating body, information or consultation |
NONE |
Regulation 28 TICE Regulations 1999
|
|
Unfair Dismissal for functions or activities of an ICE representative |
NONE |
Regulation 30 ICE Regulations |
|
Unfair Dismissal on grounds related to union membership or activities |
NONE |
Section 152 TULR(C)A |
|
Unfair Dismissal for selection for redundancy on grounds related to trade union membership or activities |
NONE |
Section 153 TULR(C)A |
|
Unfair Dismissal in connection with official industrial action |
NONE |
Section 238A and 239(2) TULR(C)A |
| Unfair Dismissal for a reason connected with breaching a provision or purported provision to which section 27A(3)(1) ERA (inserted by section 153 Small Business Enterprise and Employment act 2015) applies (exclusivity term) | NONE | Regulation 2 (1) the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 |
|
Right to interim relief on grounds related to union activities |
NONE |
Section 161 TULR(C)A |
|
Right not to suffer a detriment in relation to union membership or activities |
NONE |
Section 146 TULR(C)A |
|
Right not to have unauthorised deduction of union subscriptions |
NONE |
Section 68 TULR(C)A |
|
Refusal of employment/ employment agency services on grounds related to union membership |
NONE |
Sections 137, 138 and 139 TULR©A |
|
Right not to suffer detriment in relation to pregnancy, maternity leave, adoption leave, paternity leave, parental leave, time off for dependants |
NONE |
Sections 47C and 48(1) ERA |
|
Right to time off (paid) for ante natal care |
NONE |
Section 55 ERA |
|
Right to time off (unpaid) to care for dependants |
NONE |
Section 57A ERA |
|
Right to OML |
NONE |
Section 71 ERA |
|
Right to AML |
NONE |
Section 73 ERA and Regulation 4 MPL Regulations as amended by Regulations 2 and 5 MPL Amendment regulations |
|
Right to be offered alternative work before being suspended on maternity grounds |
NONE |
Section 67 ERA |
|
Right to pay during maternity suspension |
NONE |
Section 68 ERA |
|
Right for appropriate representatives to be consulted over proposed redundancies |
NONE |
Section 188, Section 189(5) TULR(C)A (partly repealed by Employment Act 2010) |
|
Failure to pay a protective award payment |
NONE |
Section 190, Section 192(2) TULR©A |
|
Failure to consult with appropriate representatives over a business transfer |
NONE |
Regulation 13, Regulation 15 TUPE |
|
Failure to pay a compensation order for failure to inform and consult under TUPE under Regulation 15 |
NONE |
Regulation 15(10) and Regulation 15(12) |
|
Right not to be treated less favourably - on protected grounds under the Eq Act 2010 - because of part time status - because of fixed term status |
NONE |
Sections 13 and 18 Eq Act 2010 Part 2 Eq Act 2010
Regulation 5 PT Workers Regulations Regulation 3 FT Employees Regulations |
|
Right not to suffer detriment in relation to
|
NONE |
Regulation 7 PT Workers Regulations
Regulation 6(2) FT Employees Regulations Section 47E ERA
Section 47C ERA
|
|
Right not to be indirectly discriminated against on protected grounds |
NONE |
Section 19 Eq Act 2010 |
|
Right not to be harassed on protected grounds |
NONE |
Section 26(1) Eq Act 2010 |
|
Right not to be victimised on protected grounds |
NONE |
Section 27 Eq Act 2010 |
|
Equal pay claim under EC law |
NONE |
Article 141 EC Treaty |
|
Right of fixed term on successive contracts employee to be treated as permanent |
NONE |
Regulation 8 FT Employees Regulations |
|
Right to take unpaid time off for work for public duties |
NONE |
Section 50 ERA |
|
Right to take paid time off for pension scheme trustees |
NONE |
Sections 58 and 59 ERA |
|
Right to paid time off for employee representatives |
NONE |
Sections 61 and 62 ERA |
|
Right to paid time off for IC representatives |
NONE |
Regulations 27, 28 and 29 ICE Regulations |
|
Right to paid time off for trade union activities |
NONE |
Sections 170 and 171 TULR(C)A |
|
Right to time off for study or training and right not to suffer a detriment |
NONE |
Sections 63A, 63B and 63C ERA Section 47A |
|
Employee rights on employer’s insolvency |
NONE |
Sections 182 and 188 Part XII ERA |
|
Unlawful deduction from wages |
NONE |
Section 23 ERA |
|
Rights under the WTR |
NONE |
Regulations 10-16 WTR |
|
Right not to suffer a detriment under WTR |
NONE |
Section 45A ERA |
|
Right to National Minimum Wage |
NONE |
NMWA |
|
Right not to have unlawful deduction from wages |
NONE |
Part II section 23 ERA |
|
Right not to suffer detriment in relation to NMW |
NONE |
Section 23 NMWA |
|
Right not to suffer detriment in relation to
|
NONE |
Section 43M ERA
Section 47A ERA
Section 47G ERA
Section 45 ERA
Section 44 ERA
Section 46 ERA
Section 47B ERA |
| Right not to suffer detriment as a result of any act or failure to act by the employer for a reason connected to an exclusivity term | NONE |
Regulation 2 (2) the Exclusivity Terms in Zero Hours Contracts (Redress) Regulations 2015 |
|
Right to be accompanied at a disciplinary or grievance hearing Right not to suffer detriment in relation to right to be accompanied |
NONE |
Sections 10 and 11 Employment Relations Act 1999
Section 12 Employment Relations Act 1999 |
ONE MONTH
|
Unfair dismissal for a reason connected with a medical suspension |
ONE MONTH |
Section 108(2) ERA |
|
Right to guarantee payment |
ONE MONTH |
Sections 28-35 ERA |
|
Right to pay during medical suspension |
ONE MONTH |
Sections 64, 65 and 70 ERA |
|
|
|
|
TWO MONTHS
|
Right to written particulars of employment |
TWO MONTHS |
Sections 1 and 11 ERA |
ONE YEAR
|
Written reasons for dismissal where continuous employment started before 6 April 2012 |
ONE YEAR |
Section 92 ERA |
|
Unfair dismissal where continuous employment started before 6 April 2012 |
ONE YEAR |
Section 94 ERA |
|
‘Automatically’ unfair dismissal where the sole or principal reason is a TUPE transfer where continuous employment started before 6 April 2012 |
ONE YEAR |
Regulation 7 TUPE as amended by the 2014 Amendment Regulations |
|
Potentially unfair dismissal where dismissal is for a reason connected with the transfer that was not an ETO reason, where continuous employment started before 6 April 2012 |
ONE YEAR |
Regulation 7(2) TUPE as amended by the 2014 Amendment Regulations |
|
Right to unpaid parental leave (18 weeks per child,) |
ONE YEAR |
|
TWO YEARS
|
Written reasons where continuous employment started after 6 April 2012 |
TWO YEARS |
Section 92 ERA |
|
Unfair dismissal where continuous employment started after 6 April 2012 |
TWO YEARS |
Section 94 ERA |
|
‘Automatically’ unfair dismissal where the sole or principal reason is a TUPE transfer where continuous employment started after 6 April 2012 |
TWO YEARS |
Regulation 7 TUPE as amended by the 2014 Regulations |
|
Potentially unfair dismissal where dismissal is for a reason connected with the transfer that was not an ETO reason, where continuous employment started after 6 April 2012 |
TWO YEARS |
Regulation 7(2) TUPE as amended by the 2014 Regulations |
|
Right to paid time off work to look for alternative employment where notice of redundancy given |
TWO YEARS |
Sections 52 and 53 ERA |
A breach of contract claim up to £25000 can be brought in a tribunal under Article 3, Employment Tribunals Extension of Jurisdiction) England and Wales Order 1994. No qualifying period necessary.
Definitions
ERA Employment Rights Act 1996
OML Ordinary maternity leave (26 weeks)
AML Additional maternity leave (additional 26 weeks from end OML)
WTR Working Time Regulations 1998 (including the Merchant Shipping (Working Time: Inland Waterways) Regulations 2003; the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004; the Cross-border Railway Services (Working Time) Regulations 2008)
Jury Service: includes a summons under the Juries Act 1974, the Coroners Act 1988, the Court of Session Act 1988 or the Criminal Procedure (Scotland) Act 1995
Protected Reason In relation to redundancy, see section 105 ERA.
TULR(C)A Trade Union and Labour Relations (Consolidation) Act 1992
TUPE Transfer of Employment (Protection of Employment) Regulations 2006
2014 Amendment Regulations The Collective Redundancies and Transfer of Undertakings (Protection of Employment) (Amendment) Regulations 2014 (SI 2014/16), where a TUPE transfer takes place after on or after 31 January 2014 or the EDT is after that date
EWC European Works Council
TICE Regulations 1999 The Transnational Information and Consultation of Employees Regulations 1999
ICE Regulations 2004 The Information and Consultation of Employees Regulations 2004
MPL Regulations Maternity and Parental Leave etc. Regulations 2004
MPL Amendment Regulations Maternity and Parental Leave etc. and the Paternity and Adoption Leave Regulations 2006
Eq Act 2010 Equality Act 2010
Protected grounds under the equality Act 2010: sex, race, sexual orientation, age, gender reassignment, marriage or civil partnership, religion or belief, disability, pregnancy or maternity
IC information and consultation
WTR Working Time Regulations
NMW National Minimum Wage Act 1988
PT Workers Regulations Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000
FT Employees Regulations Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
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