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Appendices
Employment tribunal's areas of jurisdiction
Notes to table
“s” relates to a section of the relevant legislation.
“r” refers to an individual regulation.
** W/E This indicates whether the right applies to workers and employees (W) or to employees only (E).
“Ed” indicates that the right applies to employees, but that a worker can claim equivalent compensation as a “detriment”.
“-” indicates that no such worker/employee definition applies; for example, because the right applies to individuals who are job applicants and not workers or employees of the respondent, or to union members and their union rather than their employer.
| Statutory right/claim | Legislation* | W/E** | Qualifying Service | Time limit |
|---|---|---|---|---|
| Dismissal | ||||
| Written reasons for dismissal | ERA s92 | E | 1 year | 3 months |
| Unfair dismissal | ERA s94 | E | 1 year 1 | 3 months |
| Pay and conditions | ||||
| Written statement of particulars | ERA s1 | E | 2 months | 3 months |
| Itemised pay statement | ERA s8 | E | None | 3 months |
| Unlawful deduction of wages | ERA s13 | W | None | 3 months |
| Unlawful payment | ERA s15 | W | None | 3 months |
| Right to guarantee payment | ERA s28 | E | 1 month | 3 months |
| Redundancy | ||||
| Paid time off to look for work/arrange training after notice of redundancy | ERA s52/s53 | E | 2 years | 3 months |
| Statutory redundancy payment | ERA s135 | E | 2 years | 6 months |
| Redundancy payment by secretary of state | ERA s166 | E | 2 years | 3 months |
| Failure to consult over collective redundancies and protective award | TURLCA s188 | E | - | 3 months |
| Failure to pay protective award | TURLCA s192 | E | - | 3 months |
| Paid time off for employee representative | ERA s61/s62 | E | None | 3 months |
| Detriment for being employee representative | ERA s47 | E | None | 3 months |
| Dismissal for acting as employee rep for collective redundancies | ERA s103 | E | None | 3 months |
| Discrimination | ||||
| Equal pay | EA Part V, Chapt 3 | W | None | 6 months after end of employment |
| Sex discrimination in employment or vocational training | Part II EA (s63) | - | None | 3 months |
| Race discrimination in employment or vocational training | Part II EA (s9) | - | None | 3 months |
| Disability discrimination in employment or work experience | Part II EA (s6) | - | None | 3 months |
| Religion or belief discrimination in employment or vocational training | Part II EA (S10) | - | None | 3 months |
| Sexual orientation discrimination in employment or vocational training | Part II EA (s12) | - | None | 3 months |
| Part-time workers | ||||
| Less favourable treatment of part-time workers | PTWR r5 | W | None | 3 months |
| Detriment of part-time workers | PTWR r7(2) | W | None | 3 months |
| Dismissal for being a part-time worker | PTWR r7 | E | None | 3 months |
| Temporary employees | ||||
| Less favourable treatment of fixed-term employees | FTER r3 | E | None | 3 months |
| Detriment of fixed-term employees | FTER r6(2) | E | None | 3 months |
| Statement of permanent employment after 4 years’ fixed-term contracts | FTER r9 | E | 4 years | While still employed |
| Disciplinary and grievance hearings | ||||
| Refusal of right to be accompanied in disciplinary or grievance hearing | EreA s10 | W | None | 3 months |
| Dismissal for exercising right to be accompanied | EreA s12 | W | None | 3 months |
| Interim relief for dismissal for exercising right to be accompanied | EreA s12 | W | None | 7 days |
| Health and safety | ||||
| Paid time off for safety reps | SRSCR r4 | E | None | 3 months |
| Payment for suspension on medical grounds | ERA s64 | E | 1 month | 3 months |
| Detriment on health and safety grounds | ERA s44 | E | None | 3 months |
| Dismissal for health and safety reason | ERA s100 | E | None | 3 months |
| Dismissal in connection with medical suspension | ERA s108(2) | E | 1 month | 3 months |
| Maternity and parental rights | ||||
| Paid time off for ante-natal care | ERA s55/56 | E | None | 3 months |
| Payment for suspension on maternity grounds | ERA s68 | E | None | 3 months |
| Time off for dependants | ERA s57A | E | None | 3 months |
| Right to parental leave under MPLR | ERA s80 | E | Various | 3 months |
| Detriment for taking family/domestic leave (leave for pregnancy, childbirth, maternity, adoption and paternity leave, parental leave, dependants leave) | ERA s47C | E | None | 3 months |
| Dismissal in connection with family/domestic leave (leave for pregnancy, childbirth, maternity, adoption and paternity leave, parental leave, dependants leave) | ERA s99 | E | None | 3 months |
| Trade union membership/activities | ||||
| Paid time off for union officials | TULRCA s168/169 | E | None | 3 months |
| Paid time off for union learning reps | TULRCA s168A/169 | E | None | 3 months |
| Time off for union activities for members | TULRCA s170 | E | None | 3 months |
| Refusal of employment on union grounds | TULRCA s137 | - | - | 3 months |
| Refusal of agency services on union grounds | TULRCA s138 | - | - | 3 months |
| Action short of dismissal for union membership/activities | TULRCA s146 | W | None | 3 months |
| Unfair dismissal for taking official industrial action | TULRCA s238 | E | None | 6 months |
| Unfair dismissal relating to union recognition | TULRCA Sch A1 | E | None | 3 months |
| Interim relief for dismissal on trade union grounds | TULRCA s161 | E | None | 7 days |
| Interim relief for dismissal in connection with statutory recognition | ERA s128 | E | None | 7 days |
| Refusal to conduct collective bargaining for training | TURLCA s70B | - | - | 3 months |
| Unauthorised union subscription deduction | TULRCA s68 | W | None | 3 months |
| Deductions for political fund | TULRCA s86 | - | None | 3 months |
| Inducements for union membership/activities | TULRCA s145A | W | None | 3 months |
| Inducements for collective bargaining | TULRCA s145B | W | None | 3 months |
| Detriment for union recognition or bargaining | TULRCA Sch A1 | W | None | 3 months |
| Unjustifiable discipline by union | TULRCA s64 | - | - | 3 months |
| Unlawful exclusion/expulsion from union | TULRCA s174 | - | - | 6 months |
| Flexible working | ||||
| Right to request change to contract for flexible working | ERA s80F | E | 26 wks | 3 months |
| Employer’s failure to follow procedure/rejection on incorrect facts | ERA s80G | E | - | 3 months |
| Right to be accompanied at flexible working meeting | FWPRR r14 | E | - | 3 months |
| Detriment for exercising right to flexible working | ERA s47E | E | None | 3 months |
| Dismissal in connection with flexible working | ERA s104C | E | None | 3 months |
| Working time | ||||
| Daily rest | WTR r10 | W | None | 3 months |
| Weekly rest | WTR r11 | W | None | 3 months |
| Rest breaks | WTR r12 | W | None | 3 months |
| Paid annual leave | WTR r13/14/16 | W | None | 3 months |
| Compensatory rest | WTR r24 | W | None | 3 months |
| Adequate rest for mobile workers | WTR r24A | W | None | 3 months |
| Compensatory rest for young workers in armed forces | WTR r25 | W | None | 3 months |
| Supervision & compensatory rest for young workers in certain sectors | WTR r27A | W | None | 3 months |
| Compensatory rest for young workers where no adult is available | WTR r27 | W | None | 3 months |
| Detriment in working time cases | ERA s45A | W | None | 3 months |
| Dismissal in connection with working time | ERA s101A | E | None | 3 months |
| National minimum wage | ||||
| Right to minimum wage | NMWA s1 | W | None | 3 months |
| Access to records for minimum wage | NMWA s10 | W | None | 3 months |
| Detriment in relation to minimum wage | NMWA s23 | W | None | 3 months |
| Dismissal related to national minimum wage | ERA s104A | Ed | None | 3 months |
| Protected disclosure (whistleblowing) | ||||
| Detriment for making protected disclosure | ERA s47B | W | None | 3 months |
| Dismissal for making a protected disclosure | ERA s103A | E | None | 3 months |
| Business transfers (TUPE) | ||||
| Failure to inform or consult over transfer | TUPE [r15] | E | None | 3 months |
| Paid time off for employee representative | ERA s61/62 | E | None | 3 months |
| Detriment for being employee representative | ERA s47 | E | None | 3 months |
| Dismissal for acting as employee rep for transfer | ERA s103 | E | None | 3 months |
| Dismissal because of business transfer | TUPE [r7] | E | 1 year | 3 months |
| Breach of contract2 | ||||
| Breach of contract (arising or outstanding on dismissal only) | ET(EJ)O s3 | E | None | 3 months from end of employment |
| Other claims | ||||
| Time off for public duties | ERA s50 | E | None | 3 months |
| Paid time off for pension scheme trustees | ERA s58/59 | E | None | 3 months |
| Paid time off for study or training for young people | ERA s63A/63B | E | None | 3 months |
| Detriment for taking time off for study/training for young person | ERA s47A | E | None | 3 months |
| Paid time off for member of European Works Council | TICER r25/26 | E | None | 3 months |
| Detriment for activities relating to European Works Council or special negotiating bod membership | TICER s31 | E | None | 3 months |
| Dismissal relating to European Works Council or information & consultation | TICER r28 | E | None | 3 months |
| Detriment for jury service | ERA s43M | E | None | 3 months |
| Detriment for Sunday working for shop or betting workers | ERA s45 | E | None | 3 months |
| Dismissal for Sunday working for shop or betting workers | ERA s101 | E | None | 3 months |
| Detriment for being occupational pension trustee | ERA s46 | E | None | 3 months |
| Dismissal for duties as occupational pension trustee | ERA s102 | E | None | 3 months |
| Detriment for enforcing tax credit rights | ERA s47D | E | None | 3 months |
| Dismissal for enforcing right to family tax credit | ERA s104B | E | None | 3 months |
| Dismissal for asserting a statutory right | ERA s104 | E | None | 3 months |
1 Qualifying service for unfair dismissal is 2 years for jobs starting after 5/4/12
2 Breach of contract is a common law and not a statutory claim so the legislation only relates to tribunal jurisdiction
List of abbreviations:
| EA | Equality Act 2010 |
| ERA | Employment Rights Act 1996 |
| EreA | Employment Relations Act 1999 |
| ET(EJ)O | Employment Tribunals Extension of Jurisdiction Order 1994 |
| FTER | Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 |
| FWPRR | Flexible Working (Procedural Requirements) Regulations 2002 |
| MPLR | Maternity and Parental Leave etc Regulations 1999 |
| NMWA | National Minimum Wage Act 1998 |
| PTWR | Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000 |
| SRSCR | Safety Representatives & Safety Committees Regulations 1977 |
| TICER | Transnational Information and Consultation of Employees Regulations 1999 |
| TULRCA | Trade Union and Labour Relations (Consolidation) Act 1992 |
| TUPE | Transfer of Undertakings (Protection of Employment) Regulations 2006 |
| WTR | Working Time Regulations 1998 |