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Employment tribunal time limits checklist

Employment tribunal time limits checklist This Checklist sets out details of claims that may be brought in the employment tribunal, the relevant time limit for presentation of the claim, whether the requirement for early conciliation applies, whether the time limit is subject to an extension of time to allow for early conciliation to take place, whether the time limit may be extended at the employment tribunal’s discretion where it was ‘not reasonably practicable’ for the claim to be presented in time or where the tribunal considers it ‘just and equitable’ to do so. For further information regarding time limits for employment tribunal claims generally, see Practice Notes: • Time limits for presenting employment tribunal claims • Calculating and altering time periods in employment tribunal litigation, and • The early conciliation requirement In the table below: • # indicates that the requirement for early conciliation applies and the time limit is subject to an extension of time to allow for early conciliation, subject to any early conciliation exemption • *...

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The unfair dismissal compensatory award

The unfair dismissal compensatory award An award of compensation for unfair dismissal generally consists of a basic award and a compensatory award. The compensatory award is intended to compensate the employee for financial losses suffered as a result of the unfair dismissal. It may be subject to various increases or deductions. The basic award is considered in Practice Note: The basic award. Note the remarks in that Practice Note about the obligation on the employment tribunal to first explain to the successful claimant the remedies of reinstatement and re-engagement. For guidance on unfair dismissal remedies generally, including reinstatement and re-engagement, see Practice Note: Unfair dismissal remedies—general. See also the Lexis+® UK online calculators: • basic award calculator, and • unfair dismissal schedule of loss application (and the related Practice Note: Guide to using the Lexis+® UK Employment Schedule of Loss application) The essential steps for calculating the compensatory award The basic approach, as set out by the Court of Appeal in Digital Equipment v Clements...

Interim relief in unfair dismissal

Interim relief in unfair dismissal In certain circumstances, an interim remedy is available to an employee claiming unfair dismissal before the final hearing of their claim and before any finding of unfair dismissal has been made. When interim relief is available Interim relief is only available where an employee has brought a claim for unfair dismissal and alleges that their dismissal was for one of a number of specified automatically unfair reasons, including: • where the employee: ◦ having been designated by the employer to carry out health and safety duties, carried out those duties, or ◦ being a health and safety representative or member of a safety committee, carried out the functions of that role (see Practice Note: Health and safety—employer consultation and employee representatives) • where the employee was dismissed for performing functions as an employee representative or a candidate to be such a representative under the working time legislation (see Practice Note: Remedies for breach of working time rights) • where dismissal was for performing...

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Termination letter—distributor to manufacturer

Termination letter—distributor to manufacturer [Manufacturer] [Address] Dear [Manufacturer], Distribution Agreement dated [insert date] (the Agreement) [This letter confirms our recent discussions.] In accordance with clause [specify number of clause containing termination provision], please take this letter as [[eg 90] days’ OR immediate] notice of termination of the Agreement. [The Agreement will therefore come to an end on [date].] [This is not due to any breach by you of the Agreement, simply that we intend in future to concentrate our commercial efforts in another direction. OR This, as discussed, is due to [set out details, eg failure to supply or support product], which is a material and unremedied breach by you of the Agreement. All our rights in relation to that breach, and otherwise, are reserved.] [ [We will submit no new orders, although we expect that those in progress [for which we have firm orders from customers] will be fulfilled. We will sell Products we hold in the normal way and in accordance with clause [specify]...

List of issues to be determined

List of issues to be determined In the employment tribunals Case no: [Insert case number] Between: [insert name of claimant] Claimant and [insert name of respondent] Respondent ____________________________ LIST OF ISSUES ___________________________ Equality Act 2010 claims—jurisdictional Issues Time limits 1 Have the Claimant's claims of [insert details of type of claim, eg disability] discrimination been brought within three months of the acts complained of, taking into account the effect of the ‘stop the clock’ provisions in respect of early conciliation? (EqA 2010, ss 123(1)(a) and 140B)) 2 In respect of the Claimant’s complaints which are based on the Respondent’s failure to do something, namely [insert details of complaints based on omissions], when is the Respondent to be treated as having decided those things? (EqA 2010, s 123(4)) 3 In respect of any complaints which are out of time, do they form part of a continuing act, taken together with acts which are in time? (EqA 2010, s 123(3)(a)) 4 If the complaints were not submitted in time, would it...

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Does the limitation period for a claim that a dismissal amounts to direct discrimination run from decision to dismiss or the effective date of termination?

Does the limitation period for a claim that a dismissal amounts to direct discrimination run from decision to dismiss or the effective date of termination? Time limits for direct discrimination claims generally Prohibited conduct claims, including claims of direct discrimination, may not be brought after the end of: • the period of three months starting with the date of the act to which the complaint relates, or • such other period as the employment tribunal thinks just and equitable The time limit is extended to six months for members of the armed forces (except for claims for disability and age discrimination, as the armed forces are exempted from the work provisions of the Equality Act 2010 (EqA 2010) relating to disability and age and so such claims are not relevant). The time limit is subject to any extension which may apply as a result of the need for a prospective claimant to comply with the early conciliation requirement prior to commencing employment tribunal proceedings. The early...

What is the time limit for presenting an employment tribunal claim for failure to pay an enhanced contractual redundancy payment, and to what extent is the time limit that applies for statutory redundancy payment claims, relevant?

What is the time limit for presenting an employment tribunal claim for failure to pay an enhanced contractual redundancy payment, and to what extent is the time limit that applies for statutory redundancy payment claims, relevant? It is relatively common for employers, particularly larger employers and those that are unionised, to pay redundancy payments to redundant employees which are in excess of the statutory minimum under the statutory redundancy payments scheme. If a contract states that an employee is entitled to a redundancy payment which happens to be more than his statutory entitlement, the statutory entitlement will be included within the contractual amount. If the contract states that the employee is entitled to a contractual redundancy payment as well as their statutory payment, the employee will be entitled to both sums. For further information, see Practice Note: Contractual redundancy payments. Since an unpaid contractual redundancy payment is a sum due on the termination of employment, an employee can bring a claim for it in the employment tribunal...

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Employment weekly highlights—26 September 2024

This week’s edition of Employment weekly highlights includes: (1) analysis of the Supreme Court decision on the status of part-time football referees for tax purposes, (2) an employment tribunal decision awarding a police sergeant over £1.1 million in her disability discrimination claim, (3) an employment tribunal decision on unlawful inducements during collective bargaining, (4) a successful appeal to the EAT against the Registrar’s decision not to grant an extension of time for an appeal to the EAT, (5) the Supreme Court Rules 2024 coming into force on 2 December 2024, (6) tables of changed going rates in the Statement of Changes to Immigration Rules HC 217, (7)an updated version of the Employers’ guide to right to work checks, (8) the IRLR Highlights for October 2024, (9) dates for your diary, (10) updates to our case tracker and horizon scanner, and (11) new Q&As.

Employment weekly highlights—4 April 2024

This edition of Employment weekly highlights includes: (1) a summary of the key employment law changes occurring in April 2024, (2) the Home office Global Talent visa report, (3) the Department for Science, Innovation and Technology guidance on responsible use of AI in recruitment, (4) the Code of Practice (Requests for Flexible Working) Order 2024, (5) Employment Relations (Flexible Working) Act 2023 (Commencement) Regulations 2024, (6) an EAT judgment looking at what a decision-maker must know about the contents of a disclosure to be fixed with liability for a whistleblowing dismissal, when the disclosure was not made directly to them, (7) updated guidance from the Department for Business and Trade on holiday entitlement and pay, (8) the Low Pay Commission consultation on the rates of the National Living Wage and National Minimum Wage from April 2025, (9) the National Minimum Wage (Amendment) (No 2) Regulations 2024, (10) the government’s plans to ‘clarify’ the law governing non-disclosure agreements, (11) an Interim Practice Direction issued by the Presidents of Employment Tribunals on...