LRD guides and handbook October 2012

Employment tribunals - a practical guide for trade unionists

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