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:


  • Asserting a relevant statutory right
  • Trade union membership, participation or refusal to join a trade union
  • Trade union recognition
  • Certain health and safety matters
  • Pregnancy, childbirth, maternity leave, parental leave, dependant care leave, adoption leave and paternity leave
  • Refusal by a shop or betting worker to undertake work on Sundays
  • Enforcement of the Working Time Regulations 1998
  • Performance of duties as a pension scheme trustee
  • Performance of duties as an employee representative
  • Making a protected disclosure
  • Rights in connection with the national minimum wage
  • Carrying out jury service
  • Exercising the right to be accompanied to a disciplinary or grievance hearing
  • Taking part in official industrial action
  • Asserting certain rights as a part-time worker
  • Asserting certain rights as a fixed-term employee
  • Enforcing rights to working tax credits
  • An application for flexible working
  • The statutory information and consultation procedure
  • Selection for redundancy on any of the above grounds


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:


  • Asserting a relevant statutory right
  • Trade union membership, participation or refusal to join a trade union
  • Trade union recognition
  • Certain health and safety matters
  • Pregnancy, childbirth, maternity leave, parental leave, dependant care leave, adoption leave and paternity leave
  • Refusal by a shop or betting worker to undertake work on Sundays
  • Enforcement of the Working Time Regulations 1998
  • Performance of duties as a pension scheme trustee
  • Performance of duties as an employee representative
  • Making a protected disclosure
  • Rights in connection with the national minimum wage
  • Carrying out jury service
  • Exercising the right to be accompanied to a disciplinary or grievance hearing
  • Taking part in official industrial action
  • Asserting certain rights as a part-time worker
  • Asserting certain rights as a fixed-term employee
  • Enforcing rights to working tax credits
  • An application for flexible working
  • The statutory information and consultation procedure


Three months starting with the date of the last act or failure to act

None

EMPLOYMENT TRIBUNAL AWARDS

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:


  • For trade union membership or activities 
  • For carrying out activities as a health and safety representative
  • For carrying out duties as an occupational pension scheme trustee
  • For carrying out functions or activities as an employee or workforce representative


£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)


WORK AND PARENTS

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

SICKNESS

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


NATIONAL MINIMUM WAGE

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

INSOLVENCY

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)


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