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 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: 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 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: 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	£4,400	£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 (up to £660)	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

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