Statutory Rates and Limits
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 of the TUPE transfer |
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 |
Six months starting with termination of employment
|
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 or arrange training when under notice of redundancy |
Three months starting with the day time off should have been allowed |
Two years by the date the redundancy notice is due to expire |
|
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 (or from date of last deduction if brought as an unauthorised deductions from wages claim) |
None |
|
Right to statutory guarantee pay in respect of a workless day during short-time working or lay off |
Three months starting with the day for which payment is claimed |
One month ending with the day immediately preceding the workless day |
|
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 |
|
Type of payment |
Minimum from 1 October 2009 |
Maximum from 1 October 2009 |
|
Limit on a ‘week’s pay’ (gross) used for certain purposes |
No minimum |
£380 |
|
Unfair dismissal basic award |
No minimum |
£11,400 |
|
Unfair dismissal basic award where the dismissal is in breach of the statutory duty to consider procedure on retirement |
Lower of four weeks’ pay or £1,520 |
£11,400 |
|
Unfair dismissal basic award where the principal reason for dismissal is:
|
£4,700 |
£11,400 |
|
Unfair dismissal compensatory award |
No minimum |
£65,300 (from 1 February 2010) |
|
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 £9,880 |
52 weeks’ pay (up to £19,760) |
|
Statutory redundancy payment |
No minimum |
£11,400 |
|
Statutory guarantee pay in respect of a workless day during short-time working or lay off |
No minimum – a normal day’s pay is payable |
£21.20 per day (from 1 February 2010) £106.00 for maximum five days in any three-month period |
|
Breach of the statutory right to be accompanied |
No minimum |
Two weeks’ pay (up to £760) |
|
Breach of contract claims heard in the employment tribunal (only where claim arises or is outstanding on termination of employment) |
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 (protective award) |
No minimum |
90 days’ actual pay per employee |
|
Failure to inform or consult over a TUPE transfer |
No minimum |
13 weeks’ actual pay per employee |
|
Failure to provide a written statement of employment particulars |
Two weeks’ pay (up to £760) |
Four weeks’ pay (up to £1,520) |
|
Failure to provide written reasons for dismissal |
Two weeks’ actual pay |
Two weeks’ actual pay |
|
Breach of the flexible working statutory provisions |
No minimum |
Eight weeks’ pay (up to £3,040) |
|
Failure to comply with the statutory duty to notify procedure on retirement |
No minimum |
Eight weeks’ pay (up to £3,040) |
|
Type of payment |
From 5 April 2009 |
From 4 April 2010 |
Maximum period |
|
Statutory Maternity Pay (SMP): higher rate |
90% of employee’s normal average weekly earnings |
90% of employee’s normal average weekly earnings |
Six weeks |
|
Statutory Maternity Pay (SMP): standard rate |
£123.06 a week or 90% of normal average weekly earnings if lower |
£124.88 a week or 90% of normal average weekly earnings if lower |
33 weeks |
|
Maternity Allowance |
£123.06 a week or 90% of normal average weekly earnings if lower |
£124.88 a week or 90% of normal average weekly earnings if lower |
39 weeks |
|
Statutory Adoption Pay (SAP) |
£123.06 a week or 90% of normal average weekly earnings if lower |
£124.88 a week or 90% of normal average weekly earnings if lower |
39 weeks |
|
Statutory Paternity Pay (SPP) |
£123.06 a week or 90% of normal average weekly earnings if lower |
£124.88 a week or 90% of normal average weekly earnings if lower |
Two weeks |
|
Type of payment |
From both 6 April 2009 and 6 April 2010 |
Maximum period |
|
Statutory Sick Pay (SSP) |
£79.15 a week |
28 weeks in any three-year period |
|
Rate |
From 1 October 2008 |
From 1 October 2009 |
|
Workers aged 22 and over |
£5.73 per hour |
£5.80 per hour |
|
Workers aged 18 – 21 inclusive |
£4.77 per hour |
£4.83 per hour |
|
Workers aged 16 and 17 |
£3.53 per hour |
£3.57 per hour |
|
Accommodation off-set (the maximum deduction per day from the NMW where the employer provides accommodation) |
£4.46 per day |
£4.51 per day |
|
Type of payment |
Minimum from 1 October 2009 |
Maximum from 1 October 2009 |
|
Insolvency limit on recoverable debts calculated using the limit on a ‘week’s pay’ |
No minimum |
Arrears of pay: eight weeks’ pay up to £3,040 Statutory notice pay: 12 weeks’ pay up to £4,560 Holiday pay: six weeks’ pay up to £2,280 Unfair dismissal basic award or statutory redundancy payment: £11,400 (dependent on a week’s pay, employee’s age and length of service) |
Download this free document now!
Lay-Offs, Short-Time Working and Guarantee Payments-FS6