table of employment rights

This table lists the main employment rights and how they are enforced. It gives cross-references to where further details of the rights or remedies can be found. Almost all claims are brought to an employment tribunal. The exception is breach of contract claims, which can be dealt with either by an employment tribunal or by the ordinary civil courts (breach of contract). An explanation of how tribunals operate is given elsewhere in this Guide ( Employment tribunals ).

Where a right depends on a qualifying period of service, the length of an employee's service is calculated according to the rules on continuity of employment, which are explained elsewhere in this Guide ( Calculating qualifying periods ). Some time limits for bringing a claim run from the 'effective date of termination' of the employee's contract. An explanation of how to identify an employee's effective date of termination is provided elsewhere in this Guide (effective date of termination ). An employee's effective date of termination is postponed in some circumstances when calculating his or her length of continuous employment (extending the effective date ).This rule does not apply, however, when calculating the time limit for bringing a tribunal claim.

Employees working overseas

There are complex rules on the employment rights of employees who work overseas temporarily or permanently, and on where they are entitled to enforce their rights. The rules differ according to whether the employee is claiming breach of contract, discrimination, unfair dismssal or breach of some other statutory right. A company that is facing a legal claim from an employee who works overseas some or all of the time is therefore strongly advised to contact its Association (EEF Associations) for advice before entering a response to the claim.

Nature of Claim	Qualifying period of service	Time limit	Legal remedy
Adoption leave	26 weeks by the week match notified	Enforcement is via protection from detrimental treatment (see below) or unfair dismissal (see below)	Remedies are as for detrimental treatment (see below) or unfair dismissal (see below)
Adoption pay	As above	Three months beginning with date of non-payment	Amount not paid
Breach of contract	None	Tribunal claim: three months beginning with the effective date of termination. Employer's counter-claim: six weeks beginning with date of receipt of the employee's claim. Civil court claim: within six years of breach of contract.	Civil Court claim:injuction or damages of a sum that will put the party in the position he or she would have been in had the breach of contact not occurred. Tribunal claim:limit of £25,000 that can be ordered to be paid.
Collective consultation on business transfer	None (claim usually brought by employee representative)	Three months beginning with date of transfer	Up to 13 week's pay for each affected employee, according to what the tribunal considers just and equitable in the light of the seriousness of the breach i.e. punitive
Collective consultation on large-scale redundancies	None (claim usually brought by employee representative)	Before dismissal or within three months beginning with date on which the last dismissal takes effect.	Up to 90 days' pay for each employee dismissed as redundant, according to what the tribunal considers just and equitable in the light of the seriousness of the breach i.e. punitive
Deduction of payment from wages, unlawful	One month	Three months beginning with date of last deduction or payment	Amount of unlawful deduction or payment
Detrimental treatment relating to health and safety	None	Three months beginning with date of act or failure to act	Compensation of whatever sum the tribunal considers to be just and equitable in the light of the treatment and the loss it caused to the employee
Detrimental treatment relating to occupational pension scheme trustees	As above	As above	As above
Detrimental treatment relating to employee representatives	As above	As above	As above
Detrimental treatment relating to representatives of employee safety	As above	As above	As above
Detrimental treatment relating to working time	As above	As above	As above
Detrimental treatment relating to time off for study or training	As above	As above	As above
Detrimental treatment relating to protected disclosures	As above	As above	,As above
Detrimental treatment relating to maternity, paternity, adoption and parental leave and time off for dependants	As above	As above	As above
Detrimental treatment relating to trade union recognition	As above	As above	As above
Detrimental treatment relating to trade union membership	As above	As above	As above
Detrimental treatment relating to the right to be accompanied in disciplinary and grievance hearings and meetings to discuss retirement	As above	As above	As above
Detrimental treatment relating to the national minimum wage	As above	As above	As above

Disability discrimination	None	Three months beginning with date of act complained of	Declaration, recommendation and/or unlimited compensation for loss caused, inlcuding injury to feelings
Equal pay	None	Within six months of termination of employment	Difference betwen applicant's and comparator's terms, for six-year period preceding date of claim (or five-year period preceding date of claim in Scotland)
Fixed-term work, discrimination on grounds of/detrimental treatment	None	Three months beginning with date of the act complained of	Declaration, recommendation and/or compensation of whatever sum the tribunal considers just and equitable in the light of the employer's fault and the loss caused to the employee
Fixed-term employee, failure to inform of vacancy	None	Three months beginning with the date on which the others were informed of the vacancy	Declaration, recommendation and/or compensation of whatever sum the tribunal considers just and equitable in the light of the employer's fault and the loss caused to the employee
Flexible working, right to request	26 weeks by date of request	Within three months beginning with date employee notified that appeal rejected or breach of procedure occurred	Declaration, order to reconsider application and/or compensation of whatever sum the tribunal considers just and equitable in all the circumstances, up to a maximum of 8 weeks' pay
Guarantee pay	One month	Three months beginning with day for which payment claimed	Amount that should have been paid, up to maximum of £20.40 per day; maximum of five days' pay in any three-month period
Health and safety - breach of common law duty of care	None	Claim in negligence: broadly, three years from illness or injury. Claim for breach of contract: within six years of breach	Damages to put the employee in the position he or she would have been in had the duty not been breached, including compensation for pain and suffering
Holidays under the Working Time Regulations	None	Three months beginning with day on which leave should have been permitted (or first day of period of leave that should have been permitted) or payment should have been made	Refusal to allow: compensation of whatever sum the tribunal considers just and equitable in the light of the employer's fault and the loss caused to the employee. Failure to pay: amount that should have been paid
Inducements relating to union membership or collective bargaining	None	Within three months beginning with date when offer was made	Declaration, compensation of £2,900
Marital and civil partnership discrimination	None	Three months beginning with date of act complained of	Declaration, recommendation and/or unlimited compensation for loss caused, including injury to feelings
Maternity leave ordinary	None	Enforcement is via protection from detrimental treatment or unfair dismissal	Remedies are as for detrimental treatment or unfair dismissal
Maternity leave additional	None	Enforcement is via protection from detrimental treatment or unfair dismissal	Remedies are as for detrimental treatment or unfair dismissal
Maternity pay, statutory	26 weeks at the beginning of the 15th week before the expected week of childbirth	Three months beginning with date of non-payment	Amount not paid
Maternity suspension: right to be offered alternative work before suspension	None	Three months beginning with first day of suspension	Compensation of whatever amount the tribunal considers just and equitable in the light of the employer's fault and the loss caused to the employee
Maternity suspension: right to be paid	None	Three months beginning with day in respect of which the claim is made	Amount that should have been paid
National Minimum Wage	None	As for breach of contract or deductions from wages. Note: Inland Revenue may also enforce - criminal sanctions available	Amount due
Parental leave	One year at beginning of leave	Time limits are as for detrimental treatment or unfair dismissal	Remedies are as for detrimental treatment or unfair dismissal
Part-time work, discrimination on grounds of/or detrimental treatment	None	Three months beginning with date of act complained of	Declaration, recommendation and/or compensation of whatever sum the tribunal considers just and equitable in the light of the employer's fault and the loss caused to the employee
Paternity leave	26 weeks by the 15th week before the expected week of childbirth/week match is notified	Enforcement is via protection from detrimental treatment (see below) or unfair dismissal (see below)	Remedies are as for detrimental treatment (see below) or unfair dismissal (see below)
Paternity pay	As above	Three months beginning with date of non-payment	Amount not paid
Pay statement, itemised	None	Three months beginning with date employment ended	Amount of unnotified deductions, for the 13-week period prior to the application to the tribunal
Race discrimination	None	Three months beginning with date of act complained of	Declaration, recommendation and/or unlimited compensation for loss caused, including injury to feelings
Redundancy payment	Two years	Within six months beginning with date of dismissal, employee must make written claim to employer or claim to tribunal for redundancy payment or unfair dismissal	Redundancy payment calculated by reference to age, length of service and week's pay, subject to maximum of £9,900
Refusal of employment on trade union grounds	None	Three months beginning with date of conduct complained of	Compensation for loss caused, including injury to feelings, up to maximum of £63,000
Religious discrimination	None	Three months beginning with date of act complained of	Declaration, recommendation and/or unlimited compensation for loss caused, including injury to feelings
Rest breaks - in-work, daily, weekly	None	Three months beginning with day (or first day) on which rest should have been allowed	Compensation of a sum that the tribunal considers just and equitable in the light of the employer's fault and the loss caused to the employee
Right to be accompanied at a disciplinary or grievance hearing	None	Three months beginning with date of failure to respect right, or threat to do so	Up to two week's pay subject to maximum of £660
Sex discrimination	None	Three months beginning with date of act complained of	Declaration, recommendation and/or unlimited compensation for loss caused, including injury to feelings
Sexual orientation discrimination	None	Three months beginning with date of act complained of	Declaration, recommendation and/or unlimited compensation for loss caused, including injury to feelings
Time off during notice of redundancy	Two years	Three months beginning with day time off should have been allowed	Failure to allow: amount that would have been paid had time off been allowed, up to a maximum of 40% of a week's pay. Failure to pay: amount that should have been paid, up to a maximum of 40% of a week's pay
Time off for trade union duties and activities, negotiating representatives and information and consultation representatives, union safety representatives, pension scheme trustees and representatives of employee safety	None	Within three months of day time off should have been allowed or paid	Refusal of time off: compensation of whatever sum the tribunal considers just and equitable in the light of the employer's fault and the loss caused to the employee. Failure to pay: amount that should have been paid
Time off for dependants and for public duties	None	Three months starting with day time off should have been allowed	Compensation of whatever sum the tribunal considers just and equitable in the light of the employer's fault and the loss caused to the employee
Time off for antenatal care, employee representatives, study or training	None	Three months from the day on which time off should have been allowed or paid	Failure to allow time off: amount that would have been paid had time off been allowed. Failure to pay: amount that should have been paid
Unfair dismissal under general principle of reasonableness	One year	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award)
Unfair dismissal for taking part in official industrial action	None	Six months beginning with date the applicant was given notice of dismissal, or if dismissed without notice, six months beginning with the applicant's effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award)
Unfair dismissal for reason connected with business transfer	One year	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award)
Unfair dismissal for reason connected with pregnancy, maternity or family rights	None	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award)
Unfair dismissal for health and safety reason	None	Three months beginning with effective date of termination	Re-employment or unlimited compensation. Interim relief available for health and safety representatives
Unfair dismissal for reason connected with the Working Time Regulations	None	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award). Interim relief available for workforce representatives
Unfair dismissal for acting as a pension fund trustee or for a reason relating to consultation on pension changes	None	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award). Interim relief available for pension scheme trustees
Unfair dismissal for acting as an employee representative in collective consultations on large-scale redundancies and business transfers	None	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award). Interim relief available
Unfair dismissal for making a protected disclosure	None	Three months beginning with effective date of terminationv	Re-employment or unlimited compensation. Interim relief available
Unfair dismissal for asserting a statutory right or for a reason relating to jury service	None	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award).
Unfair dismissal for failure to follow minimum dismissal procedure	One year	Three months beginning with the effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award).
Unfair dismissal for reason relating to the national minimum wage	None	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award).
Unfair dismissal for reason relating to Part-Time Workers Regulations	None	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award).
Unfair dismissal for reason relating to the Fixed-term Employees Regulations	None	Three months beginning with the effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award).
Unfair dismissal for reason relating to a claim for union recognition	None	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award). Interim relief available
Unfair dismissal for reason relating to European Works Council or acting as a negotiating representative or information and consultation representative	None	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award)
Unfair dismissal for trade union reason	None	Three months beginning with effective date of termination	Re-employment or compensation of up to £72,900 (£9,900 maximum basic award and £63,000 maximum compensatory award). Interim relief available
Union subscriptions unauthorised or excessive deduction of	None	Three months beginning with date of payment	Amount of unauthorised deduction or amount by which deduction exceeds authorised amount
Written reason for dismissal	One year (none if dismissal during pregnancy or maternity or adoption leave)	Three months beginning with effective date of termination	Two weeks' pay
Written statement of main terms and conditions of employment	One month	Three months beginning with date employment ended	Tribunal determines terms and conditions

BERR: individual employment rights

The EEF Employment Guide is intended to provide general guidance only. It does not purport to be comprehensive or to give legal advice. Users should always seek specific legal advice before taking or refraining from any action. Information and documents on this website are prepared in accordance with the laws of England, Wales and Scotland. Users accessing from Northern Ireland should be aware that different laws and interpretations may be applicable to Northern Ireland.