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

  • part time working
  • fixed term employment
  • request for flexible working
  • time off to care for dependants

 

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

  • right to attend jury service
  • taking time off to study or train or making a request
  • refusing to become employee shareholder
  • in relation to requirement to work on Sundays
  • in relation to health and safety
  • performing functions as pensions trustee
  • in relation to making protected disclosures

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