Statutory employment rights pg2

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Other rights

Employee right Qualifying period/service
To receive a written statement of employment particulars 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. Applies to all employers irrespective of size
To receive written reasons for dismissal Two years (but no qualifying period where employee is pregnant, on maternity leave or on adoption leave, or fixed term contract)
Not to be unfairly dismissed Two years
Not to be unfairly dismissed for a reason connected with:

  • Asserting a relevant statutory right
  • Trade union membership, participation or refusal to join a trade union
  • Trade union recognition
  • Prohibited blacklists of trade union members
  • 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
  • An application for time to train
  • Selection for redundancy on any of the above grounds
None
To 13 weeks’ unpaid parental leave One year
To paid time off for ante-natal care None
To time off to care for dependants None
To consultation with appropriate representatives over proposed collective redundancies None
To consultation with appropriate representatives over a TUPE transfer None
On insolvency of employer None
Not to be discriminated against because of sex, race, disability, sexual orientation, religion or belief, age, pregnancy and maternity, gender reassignment or marriage and civil partnership None
To receive equality of terms (equal pay) None
To unpaid time off for public duties None
To paid time off to look for work or arrange training when under notice of redundancy Two years by the date the redundancy notice is due to expire
To daily, weekly and in-work rest breaks and annual leave None
To itemised pay statement None
Not to suffer unauthorised deductions from wages None
To receive the national minimum wage None
Breach of contract None
Not to be treated less favourably because of part-time or fixed-term status None
To be accompanied at a grievance or disciplinary hearing None

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Applying statutory holiday entitlement to part time employees

Our client, who works in the financial services sector, believed that part time staff who did not work on Mondays were only entitled to bank holidays that...

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