LRD guides and handbook June 2016

Law at Work 2016

Chapter 9

Protection from detriment or dismissal 


[ch 9: pages 283-284]

It is automatically unfair to dismiss an employee or subject them to a detriment, such as withholding a promotion or pay rise, for trying to take advantage of any statutory right. This includes all the rights to family-friendly leave and pay set out in this Chapter. No service is necessary. (See Chapter 10: Automatically unfair dismissal). Depending on the context, there may also be a claim for discrimination (See Chapter 6: Discrimination). 


Tribunal fees: There are now tribunal fees for all tribunal claims. For information on tribunal fees and the government’s “Help with Fees” regime, see Chapter 13. 


Acas Early Conciliation: Before issuing a tribunal claim, a prospective claimant must first submit an Early Conciliation Notification Form to Acas, available from the Acas website. This step is mandatory and must be taken within the normal three-month time limit for bringing the claim. For more information, see Chapter 13.