Statutory Rates and Limits
Employment Tribunal Time Limits and Qualifying Periods
Statutory Right | Time Limit for Claim |
Qualifying Period of Employment |
|---|---|---|
Right to receive written reasons for dismissal |
Three months starting with effective date of termination of employment (EDT) |
One year (but no qualifying period where employee is pregnant, on maternity leave or on adoption leave) |
Unfair dismissal |
Three months starting with EDT |
One year |
Unfair dismissal for a reason connected with a TUPE transfer |
Three months starting with EDT |
One year |
Unfair dismissal where the employer has not completed an applicable statutory dismissal and disciplinary procedure (DDP) |
Three months starting with EDT |
One year |
Unfair dismissal for a reason connected with:
|
Three months starting with EDT |
None |
Right to 13 weeks’ unpaid parental leave |
Three months from when the employer refuses the right |
One year |
Right to paid time off for ante-natal care |
Three months starting with the date of the appointment |
None |
Right to time off to care for dependants |
Three months from when the employer refuses the right |
None |
Right to a statutory redundancy payment |
Six months starting with the ‘relevant date’ |
Two years |
Consultation with appropriate representatives over proposed collective redundancies |
Three months starting with the date on which the dismissal takes place |
None |
Consultation with appropriate representatives over a TUPE transfer |
Three months starting with the date on which the dismissal takes place |
None |
Rights on insolvency of employer |
Three months starting with the date of communication of the Secretary of State’s decision |
None |
Right not to be discriminated against on the grounds of sex, race, disability, sexual orientation, religion or belief, age or civil partnership status |
Three months starting with the date of the act complained of |
None |
Right to receive equal pay |
Three months starting with the date of communication of the Secretary of State’s decision |
None |
Right to unpaid time off for public duties |
Three months from the date of the failure to give time off |
None |
Right to paid time off to look for work when under notice of redundancy |
Three months starting with the day time off should have been allowed |
Two years |
Right to daily, weekly and in-work rest breaks and annual leave |
Three months from when the right should have been permitted |
None |
Right to pay during annual leave and pay in lieu of holiday on termination of employment |
Three months from the date payment should have been made |
None |
Right to statutory guarantee pay |
Three months starting with the day for which payment is claimed |
One month |
Right to receive itemised pay statements |
Three months starting with the date on which employment ceased |
None |
Right not to suffer unauthorised deductions from wages |
Three months from the date of the last deduction or last payment |
None |
Right to receive the national minimum wage |
As applicable, depending on the claim |
None |
Right to receive a written statement of employment particulars |
Three months starting with the date on which employment ceased |
Written statement must be given not later than two months after beginning of employment. If employment ends within the two-month period, a statement must still be given if employee was employed for one month or more. |
Breach of contract |
Three months starting with the EDT in the employment tribunal Six years for claims in the High Court or County Court (five years in Scotland) |
None |
Right not to be treated less favourably because of part-time or fixed-term status |
Three months from the date of the less favourable treatment |
None |
Right to be accompanied at a grievance or disciplinary hearing |
Three months from the date of failure or threat of failure |
None |
Right not to suffer a detriment in relation to:
|
Three months starting with the date of the last act or failure to act |
None |
Employment Tribunal Awards
| Type of Payment | Minimum from 1 February 2008 | Maximum from 1 February 2008 |
|---|---|---|
Limit on a ‘week’s pay’ (gross) used for certain purposes |
No minimum |
£330 |
Unfair dismissal basic award |
No minimum |
£9,900 |
Unfair dismissal basic award where the dismissal is in breach of the statutory DDPs or in breach of the statutory duty to consider procedure on retirement |
Lower of four weeks’ pay or £1,320 |
£9,900 |
Unfair dismissal basic award where the principal reason for dismissal is:
|
£4,400 |
£9,900 |
Unfair dismissal compensatory award |
No minimum |
£63,000 |
Unfair dismissal compensatory award where dismissal is connected with health and safety or public interest disclosure |
No minimum |
No maximum |
Unfair dismissal additional award for failure to comply with a re-employment order |
Lower of 26 weeks’ pay or £8,580 |
52 weeks’ pay (up to £17,160) |
Statutory redundancy payment |
No minimum |
£9,900 |
Guarantee pay during short-time or lay off |
No minimum |
£20.40 per day £102.00 for five days in any three-month period |
Breach of the statutory right to be accompanied |
No minimum |
Two weeks’ pay (up to £660) |
Breach of contract claims heard in the employment tribunal |
No minimum |
£25,000 |
Unlawful deductions from wages claims |
No minimum |
No maximum |
Compensation for unlawful discrimination (sex, race, disability, sexual orientation, religion or belief and age) |
No minimum |
No maximum and can include a sum for injury to feelings |
Less favourable or detrimental treatment of fixed-term employees or part-time workers |
No minimum |
No maximum |
Failure to inform or consult over collective redundancies |
No minimum |
90 days’ actual pay |
Failure to inform or consult over a TUPE transfer |
No minimum |
13 weeks’ actual pay |
Failure to provide a written statement of employment particulars |
Two weeks’ pay |
Four weeks’ pay (up to £1,320) |
Breach of the flexible working statutory provisions |
No minimum |
Eight weeks’ pay (up to £2,640) |
Failure to comply with the statutory duty to notify procedure on retirement |
No minimum |
Eight weeks’ pay (up to £2,640) |
Work and Parents
Type of Payment |
From 1 April 2007 | From 6 April 2008 | Maximum Period |
|---|---|---|---|
Statutory Maternity Pay (SMP): higher rate |
90% of employee’s normal weekly earnings |
90% of employee’s normal weekly earnings |
Six weeks |
Statutory Maternity Pay (SMP): standard rate |
£112.75 a week or 90% of normal weekly earnings if lower |
£117.18 a week or 90% of normal weekly earnings if lower |
33 weeks where the expected week of childbirth is on or after 1 April 2007 |
Maternity Allowance |
£112.75 a week or 90% of normal weekly earnings if lower |
£117.18 a week or 90% of normal weekly earnings if lower |
39 weeks where the expected week of childbirth is on or after 1 April 2007 |
Statutory Adoption Pay (SAP) |
£112.75 a week or 90% of normal weekly earnings if lower |
£117.18 a week or 90% of normal weekly earnings if lower |
39 weeks where the expected date of placement of the child for adoption is on or after 1 April 2007 |
Statutory Paternity Pay (SPP) |
£112.75 a week or 90% of normal weekly earnings if lower |
£117.18 a week or 90% of normal weekly earnings if lower |
Two weeks |
Sickness
Type of Payment |
From 6 April 2007 | From 6 April 2008 | Maximum Period |
|---|---|---|---|
Statutory Sick Pay (SSP) |
£72.55 a week |
£75.40 a week |
28 weeks in any three-year period |
National Minimum Wage
Rate |
From 1 October 2007 | From 1 October 2008 |
|---|---|---|
Workers aged 22 and over |
£5.52 per hour | £5.73 per hour |
Workers aged 18 – 21 and those aged 22 and over doing accredited training in the first six months of employment |
£4.60 per hour | £4.77 per hour |
Workers aged 16 and 17 |
£3.40 per hour | £3.53 per hour |
Accommodation off-set (the maximum deduction per day from the NMW where the employer provides accommodation) |
£4.30 per day | £4.46 per day |
Insolvency
Type of Payment |
Minimum from 1 February 2008 | Maximum from 1 February 2008 |
|---|---|---|
Insolvency limit on recoverable debts calculated using the limit on a ‘week’s pay’ |
No minimum |
Arrears of pay: eight weeks’ pay up to £2,640 Statutory notice pay: 12 weeks’ pay up to £3,960 Holiday pay: six weeks’ pay up to £1,980 Unfair dismissal basic award or statutory redundancy payment: £9,900 |
