|
Employment Right |
Qualifying period |
Note |
Useful Links |
Statutory ref |
Last updated |
Author |
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Unfair dismissal |
2 years continuous employment |
Reduced to 1 month in certain (unusual) circumstances - |
Unfair Dismissal and Statement of Reasons for Dismissal (Variation of Qulaifying Period) Order 2012/989 art 3 and Employment Rights Act 1996 s.108(1) and (2) |
27th September 2018 |
HJS |
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Unfair dismissal |
zero - |
Applies if dismissal is related to Trade Union membership or activities or for any of the large number of reasons set out in Employment Rights Act 1996 s.108(3) |
Compact Law website re exceptions - |
Trade Union and Labour Relations (Consolidation) Act 1992 s.154(1) |
27th September 2018 |
HJS |
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Dismissal by reason of redundancy |
2 years continuous employment |
The right to statutory redundancy pay is available only to employees who have completed at least 2 years of continuous employment when dismissed by reason of redundancy. |
Government notes: "redundancy - |
27th September 2018 |
HJS |
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Wrongful dismissal |
zero - |
Wrongful dismissal is dismissal in breach of contract. It is not the same as unfair dismissal - |
Employment Tribunals Extension of Jurisdiction (Enfland and Wales) order 1994, SI 1994/1623 |
27th September 2018 |
HJS |
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Unlawful discrimination |
zero - |
No qualifying period of employment is required to bring a claim under anti- |
Wikipedia notes on "UK employment equality law" |
27th September 2018 |
HJS |
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Equal Pay |
zero - |
The Equality Act 2010 repealed and replaced the Equal Pay Act 1970. No qualifying period of employment is required to bring an equal pay claim. |
(note especially EA 2010 sch 27 repealing Equal Pay Act 1970) |
27th September 2018 |
HJS |
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Agency Workers |
12 weeks |
After 12 continuous weeks in the same role the general rule is that an agency worker qualifies for the same rights as someone employed directly |
27th September 2018 |
HJS |
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Statutory rights to paid leave (eg maternity leave) and return to work |
26 weeks continuous employment (but the detail depends on type of leave) |
see notes on statutory rights re:- |
Social Security Contributions and Benefits Act 1992 s.164 (re maternity leave) |
27th September 2018 |
HJS |
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Time off for family emergencies |
zero - |
There is no statutory right to pay during time off work on emergency leave |
27th September 2018 |
HJS |
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Time off work for other reasons |
generally zero - |
Employees are entitled to take time off work in various situations. Save as noted above there is then generally no statutory right to pay. |
27th September 2018 |
HJS |
|
Type of Claim |
Time limit |
Notes |
Useful links |
Statutory ref |
Last updated |
Author |
|
Appeal to EAT |
42 days |
when the 42 days starts to run depends on various factors as set out in a 2013 EAT Practice Direction |
EAT Practice Statement (June 2015): Notices of Appeal and Skeleton Arguments |
Practice Direction (Employment Appeal Tribunal - |
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Unfair dismissal |
3 months from effective date of termination ("edt") |
the 3 months is really 3 months less one day as it includes the etd (eg if edt is 12th Feb the claim must be presented by 11th May). |
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Wrongful dismissal |
3 months from from edt (or 6 years if claim brought in the courts rather than at an employment tribunal) |
wrongful dismissal (including resignation amounting to constructive dismissal) can also be unfair dismissal but they are not the same thing. |
Employment Tribunals Extension of Jurisdiction (Enfland and Wales) order 1994, SI 1994/1623 para 7. |
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Unlawful discrimination |
3 months from discriminatory act |
the 3 months is really 3 months less one day. If the claim can be brought in a county court the time limit is 6 months |
Equality Act 2010 s.123 and Equality Act 2010 s.118 (re county court claims) |
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Failure to inform/consult under TUPE |
3 months from date of relevant transfer |
the incoming and the outgoing employers are jointly and severally liable |
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Unlawful deductions from wages claims |
3 months from date of wage payment |
he 3 months is really 3 months less one day. If the claim can be brought in a county court the time limit is 6 months. Includes failure to pay National Minimum Wage |
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Complaint |
Amount or max amount |
Notes |
Useful link(s) |
statutory ref |
last updated |
Author |
|
Unfair dismissal basic award |
Absolute max is 1.5 times a "week's pay" (capped at £508 from 6.4.2018) multiplied by years of continuous employment up to 20, viz absolute max of £15,240 |
Cap on a "week's pay" is adjusted annually. |
Citizen's Advice web page "how to work out your basic award if you are claiming unfair dismissal" |
Employment Rights Act 1996 s.119 and ss.220- and the Employment Rights (Increase of Limits) Order 2018 SI 2018/194 sch, para 8 |
3rd October 2018 |
HJS |
|
Unfair dismissal compensatory award |
Maximum compensatory award is one year's gross pay or £83,682 which ever is the less |
the one year gross pay upper limit was introduced by the Unfair Dismissal (Variation of the Limit of Compensatory Award) Order 2013, SI 2013/1949 |
Compact Law notes on "Compensatory Award/Unfair Dismissal" |
Employment Rights Act 1996 s.124(1ZA) and the Employment Rights (Increase of Limits) Order 2018 SI 2018/194 sch, para 6 |
3rd October 2018 |
HJS |
|
Unfair dismissal additional award |
Additional award is 26 to 52 week's pay up capped at £508 per week from 6.4.2018 viz between £13,208 and £26,416. |
Additional award must be ordered if an employer fails to re- |
Employment Rights Act 1996 s.117(3)(b) Employment Rights (Increase of Limits) Order 2018 SI 2018/194 sch, para 8 |
3rd October 2018 |
HJS |
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Wrongful dismissal |
Max award in an employment tribunal is £25,000. |
There is no maximum if the award is by the County Court or High Court. |
Employment Tribunals Extension of Jurisdiction (England and Wales) Order 1994, SI 1994/1623 art 10 |
3rd October 2018 |
HJS |
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Redundancy: protective award (failure to consult in collective redundancy situations) |
up to 90 days' gross pay per affected employee |
An employer proposing to dismiss as redundant 20 or more employees at one establishment within a period of 90 days or less, must consult employee representatives. Failure to do so can lead to a "protective award" |
Morrish solicitors website notes "What is a protective award and am I entitled to one?" |
Trade Union and Labour Relations (Consolidation) Act 1992 s.189 |
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TUPE (failure to inform and consult) |
up to 13 weeks' gross pay per affected employee |
Similar (but not identical) to, and often called, "protective award" although that expression is not used in the TUPE regs. |
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Failure to provide written statement of particulars of employment |
between 2 and 4 times a "week's pay" (a "week's pay" being capped at £508 from 6.4.2018) - |
Compensation can only be awarded as as an "add- |
Goodwins, solicitors notes on "Failure to provide a written statement of employment particulars" |
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Failure to provide written reasons for dismissal |
2 week's gross pay |
An employee dismissed while pregnant or on maternity leave does not have to request the statement but others must do so and must have completed 2 years continuous employment |
Ellis Whittam on "Written statement explaining reasons for dismissal" |
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Payment type |
amount |
Notes |
Useful link |
Statutory ref |
Last updated |
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National Minimum Wage |
NMW standard rate for people aged 25 or over is £7.83 per hour (also called the National Living Wage) - |
For other NMW rates see notes at National Minimum Wage |
The National Minimum Wage (Amendment) Regulations 2018, SI 2018/455 |
20th September 2018 |
HJS |
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Statutory Redundancy Pay |
Absolute max is 1.5 times a "week's pay" (capped at £508 from 6.4.2018) multiplied by years of continuous employment up to 20, viz absolute max of £15,240 |
Cap on a "week's pay" is adjusted annually. |
Employment Rights Act 1996 s.162 the Employment Rights (Increase of Limits) Order 2018 SI 2018/194 sch, para 8 |
3rd October 2018 |
HJS |
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Statutory Sick Pay |
£92.05 per week for up to 28 weeks after 4 straight days off work by reason of sickness. |
From 6th April 2014 employers have been unable to recover SSP from the Government (the Percentage Threshold Scheme was abolished from that date). |
The Social Security Benefits Up- |
3rd October 2018 |
HJS |
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Statutory Maternity Pay and |
90% of average weekly earnings for 1st 6 weeks then £145.18 per week or 90% of normal weekly which ever is the lower |
SMP is payable for up to 39 weeks |
The Social Security Benefits Up- |
3rd October 2018 |
HJS |
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Statutory Adoption Leave Pay |
90% of average weekly earnings for 1st 6 weeks then £145.18 per week or 90% of normal weekly which ever is the lower |
As with SMP, SAP is payable for up to 39 weeks |
The Social Security Benefits Up- |
3rd October 2018 |
HJS |
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Shared Parental Leave Pay |
£145.18 per week or 90% of normal weekly which ever is the lower |
SMP is payable for up to 37 weeks. Unlike SMP, it cannot be more than £145.18 for the 1st 6 weeks. |
The Social Security Benefits Up- |
3rd October 2018 |
HJS |
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Guarantee Pay |
Max is £28 per day for up to 5 days in any 3 months (so total max in any 3 month period is £140). |
an employee who is laid off is entitled to "guarantee pay" provided he or she has been in continuous employment for at least one month |
Employment Rights Act 1996 ss.28 and 31 the Employment Rights (Increase of Limits) Order 2018 SI 2018/194 sch, para 4 |
3rd October 2018 |
HJS |
|
Minimum notice by Employer |
Minimum notice by Employee |
Notes |
Statutory ref |
Last updated |
Author |
|
|
Under 1 month |
No minimum |
No minimum |
6th October 2018 |
HJS |
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More than 1 month but under 2 years |
1 week |
1 week |
Common law requires notice to be reasonable so the statutory minimum is just a minimum. Also an employee's contract may provide for longer notice. |
6th October 2018 |
HJS |
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2 years or more but under 12 years |
1 week for each completed year |
1 week |
Common law requires notice to be reasonable so the statutory minimum is just a minimum. Also an employee's contract may provide for longer notice. |
6th October 2018 |
HJS |
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12 years or more |
12 weeks |
1 week |
Common law requires notice to be reasonable so the statutory minimum is just a minimum. Also an employee's contract may provide for longer notice. |
6th October 2018 |
HJS |