Jurisdiction list guidance for Employment Tribunal

Public Jurisdiction List

Descriptor Fee Type Originating Legislation Relevant
            Proceedings?
Suffer a detriment and/or dismissal resulting from a failure to allow an employee to be accompanied or to accompany a fellow employee at a disciplinary/ grievance hearing B EReIA 1999
Ss 11-12
ERA 1996 Ss48,111
Yes
Application for a declaration that the inclusion of discriminatory terms/rules within certain agreements or rules causes the aforesaid to be invalid A E A 2010 s. 120, s.146 (1) Yes
Application by an employee, their representative or trade union for a protective award as a result of an employer’s failure to consult over a redundancy situation B TULR (C)A 1992 Sec 189 Yes
Suffered less favourable treatment and/or dismissal as an agency worker, than a directly recruited employee B AWR 2010 Secs 16-18 Yes
Claim of an employee for breach of contract of employment
Employer’s counter-claim
A Employment Tribunals Extension of Jurisdiction Order 1994; ETA 1996 Sec 3 Yes
Failure of the employer to consult with an employee    representative or trade union about a proposed contracting out of a pension scheme A SSPA 1975 s 31(5)(e) Occupational Pensions Schemes (Contracting-out) Regulations 1996; Occupational Pensions Schemes (Disclosure of Information) Regulations 1996 Yes
Application or complaint by the EHRC in respect of discriminatory advertisements or instructions or pressure to discriminate (including preliminary action before a claim to the county court) B E A 2006 s.54 No
Suffered a detriment, discrimination, including indirect discrimination, harassment or victimisation or    discrimination based on association or perception on grounds of age B E A 2010 s.13, s.14,  s.19, s.26, s.27, s.120 Yes
Suffered a detriment, discrimination, including    indirect discrimination, and discrimination based on association or    perception, harassment, victimisation and/or dismissal on grounds ofdisability or failure of employer to make reasonable adjustments B E A 2010 s.13, s.14,    s.15, s.19, s.20, s.21, s.26, s.27, s.120, Schedule 8. Yes
Suffered a detriment and/or dismissal resulting from    requiring time off for other (non-work but not Health and Safety) duties,study, training or seeking work B ERA 1996 Ss 46, 47, 48, 102-103, 105, 108-109 and 111 Yes
Suffered a detriment, discrimination, including    indirect discrimination, discrimination based on association or perception, harassment or victimisation on grounds of religion or belief B E A 2010 s.13 s.14, s.19, s.26, s.27, s.120. Yes
Suffered a detriment, discrimination, including    indirect discrimination, discrimination based on association or perception,    harassment or victimisation on grounds of sexual orientation B E A 2010 s.13  s.14, s.19, s.26, s.27, s.120. Yes
Application by the Secretary of State for Business,    Innovation & Skills to prohibit a person from running an Employment Agency A Employment Agencies Act 1973 Ss 3A and 3C No
Failure to provide equal pay for equal value work B E A 2010 s. 64, s.120,    s127,  s.128, Yes
Failure by transferor to notify employee liability information to the transferee
Failure of the employer to consult with an employee    rep. or trade union about a proposed transfer
B TUPE Regs 2006, Reg 12 and 15(1) Yes
Suffer a detriment and/or dismissal for claiming under the flexible working regulations or be subject to a breach of procedure B ERA 1996 Ss 47E, 80F – 80I and 104C;
 FW (Procedural Requirements) Regs 2002 FW (Eligibility Complaints and Remedies) Regs 2002
Yes
Application by an employee that an employer has failed to pay a protective award as ordered by a tribunal A TULR( C)A 1992 Sec 192 Yes

Failure to pay remuneration whilst suspended from    work for health and safety reasons whilst pregnant or on mat. Leave
Ending supply of or failure to pay agency worker on   maternity grounds

A ERA 1996 Ss 67 – 68, 68B,    68C, 70 and 70A Yes
Reference to determine what should be included in a    written statement of terms and conditions and any subsequent changes to those terms A ERA 1996
Sec 11(1)
Yes
Suffered less favourable treatment and/or dismissal as a fixed term employee, than a full time employee or, on becoming permanent, failed to receive a written statement of confirmation from employer B FTE 2002
Regs 7 - 9
ERA 1996 Sec 105
Yes
Failure to allow time off  or pay for trade union activities or duties, learning representative duties, for public duties or ante natal care A TULR (C)A 1992
Sec 168 – 170;
ERA  1996
Sec 51 and 57
Yes
Failure to provide a guarantee payment A ERA 1996
Sec 34
Yes
Failure to pay remuneration whilst suspended for medical    reasons A ERA 1996
Ss 64 and 70(1)
Yes
Failure to allow time off to seek work during a redundancy situation A ERA 1996
Sec 54
Yes
Failure of an employer to comply with an award by a    tribunal following a finding that the employer had previously failed to consult about a proposed transfer of an undertaking A TUPE 2006
Reg 15(10)
Yes
Failure to allow or to pay for time off for antenatal care, care of dependants, pension scheme trustee duties, employee representatives duties, young person studying/training, public duties and European Works Council duties A ERA 1996 Ss 51,54,57,57B,    60, 63,63C, 68 , 68C; TICER 1999 Reg 27
ICER 2004 Reg 29
Yes
reference to determine the particulars that should    be included in a written pay statement or an adequate pay statement A ERA 1996
Sec 11(2)
Yes
Failure to provide a written statement of reasons    for dismissal or the contents of the statement are disputed A ERA 1996
Sec 93
Yes
Appeal against an enforcement, improvement or    prohibition notice imposed by the HSE ,The office of Rail Regulationor Environmental Health Inspector, or by the    Environment Agency A NESE 1994 Reg 6 or HSWA 1974 Sec 24(2) or COMAH 1999 Sec 18 No
Failure to pay for or allow time off to carry out Safety Rep duties or undertake training A Health & Safety at    Work etc Act 1974 s 48 and 80; Safety Representatives Regulations 1977 reg    11; Health & Safety (Consultation with Employees) Regulations 1996 Sch 2 Yes
Suffer a detriment, dismissal or redundancy for    health and safety reasons B ERA 1996 Sec 44, 48, 100,    105, 108-109 and 111 Yes
Application for interim relief B ERA 1996 Sec 128 or TULR    (C)A 1992 Ss 161 - 167 No
Failure by the Secretary of State to make an insolvency payment in lieu of wages and/or redundancy A ERA 1996
Sec 188
No
Appeal against the levy assessment of an Industrial    Training Board A Relevant Industrial    Training Levy Order – either Construction or Engineering Construction Board No
Loss of office as a result of the reorganisation of a statutory body B Miscellaneous statutes No
Suffer a detriment and/or dismissal on grounds of    pregnancy, child birth or maternity B E A 2010 s.18, s.120 Yes
Appeal against an enforcement or penalty notice issued by Her Majesty’s Revenue & Customs A NMWA 1998
Ss 19 and 22
No
Suffer a detriment and/or dismissal related to    failure to pay the minimum wage or allow access to records B ERA 1996
Ss 104A, 105, 108-109 and    111
NMWA 1998 Sec 11
Yes
Appeal against an unlawful act on a notice issued by    EHRC A E A 2006, s.21 No
Failure of the employer to comply with a certificate of exemption or to deduct funds from employees pay in order to contribute to a trade union political fund A TULRC 1992 Ss 68A Yes
Failure of the employer to prevent unauthorised or    excessive deductions in the form of union subscriptions A TULRC 1992 s68 Yes
Failure of the Secretary of State to pay unpaid    contributions to a pensions scheme following an application for payment to be made A Pensions Schemes Act 1993    Sec 126 No
Suffered a detriment and/or dismissal due to exercising    rights under the Public Interest Disclosure Act B ERA 1996
      Ss 47B, 48, 103A, 105,    108-109 and 111
Yes
Suffer a detriment and/or dismissal due to requesting or taking paternity or adoption leave or time off to assist a   dependant B ERA    1996 Ss 47C, 48,  57ª and 80.
MPL 1999 Regs 19 PAL 2002 Sec 28
Yes
Suffer less favourable treatment and/or dismissal as    a result of being a part time employee by comparison to a full time employee B PTW 2000
Reg 8
ERA 1996 Sec 105
Yes
Failure to pay a redundancy payment A ERA 1996
Sec 163 and 177
Yes
Failure of the Secretary of State to pay a    redundancy payment following an application to the NI fund A ERA 1996
Sec 170
No
Suffered a detriment, discrimination, including indirect discrimination, discrimination based on association or perception,harassment or victimisation on grounds of race or ethnic origin B E A 2010 s. 13  s14, s.19, s.26, s.27, s.120. Yes
Appeal against an improvement notice imposed by a VOSA inspector A RT (WT) R 2005
 Sch 2 p.3, 5 and 6
No
Suffer a detriment and/or dismissal for refusing to    work on a Sunday B ERA 1996
Ss 44, 48, 101, 105, 108    -109 and 111
Yes
Suffered a detriment or discrimination, including indirect discrimination, discrimination based on association or perception,harassment or victimisation on grounds of sex, marriage and civil partnership or gender reassignment B E    A 2010 s.13, s.14, s.16, s.19, s.26, s.27, s.120 Yes
Suffered less favourable treatment and/or dismissal as a temp. employee than a full time employee B FTE Regs Yes
Right not to be unjustifiably disciplined by a trade union and/or suffer discrimination in obtaining employment due to membership or non-membership of a trade union; or refused employment or suffered a detriment for a reason related to a blacklist B TULR (C) 1992
Ss 66, 137 and 139 ERA 1999 (Blacklist) Regs    2010
Yes
Suffer a detriment and/or dismissal relating to being, not being or proposing to become a trade union member.  Right not to be excluded or expelled from union B TULR (C)  1992
Ss 145A-145C, 146-147,152-160    and 174
 ERA 1996 Part X
Yes
  1.      
  2. Failure of the employer to consult or report about training in relation to a bargaining unit     
  3. Suffered  detriment on grounds related to recognition of a trade union for collective bargaining   
B TULR (C) 1992 Ss 70C, Sch A1 paras 156-157 Yes
Suffer discrimination in obtaining the services of an employment agency due to membership or non-membership of a trade union; or refused employment agency services or suffered a detriment for a reason related to a blacklist B TULR( C)  1992
Ss 138 and 139 ERA 1999 (Blacklist) Regs 2010
Yes
Suffered a detriment and/or dismissal due to exercising rights under the Tax Credits Act B ERA 1996 Ss 47D, 48, 104B, 105, 108-109 and 111 Yes
Unfair dismissal after exercising or claiming a statutory right B ERA 1996
Ss 104, 105, 108-109 and    111
Yes
Unfair dismissal on grounds of capability, conduct    or some other general reason including the result of a transfer of an undertaking B ERA 1996
      Sec 111
Yes
Unfair dismissal in connection to a lock out, strike  or other industrial action B TULRC 1992
Ss 237-239
 ERA 1996 Sec 105
Yes
Failure of employer to pay or unauthorised deductions have been made A ERA 1996 Sec 23 Yes
Appeal by a person who has been served with an    improvement or prohibition notice under the Working Time Regulations 1998 A WTR 1998 Sch 3, para 6 No
Failure to limit weekly or night working time, or to ensure rest breaks B WTR 1998 Regs 10, 12-17
ERA 1996 Ss 45A, 48, 101A, 105, 108-109 and 111
WTR 1998 Reg 30
MSWTIW 2003 Reg 18
FVWT 2004 Reg 19
 CBRSWT 2008 Reg 17         
Yes
Complaint by a worker that employer has failed to allow them to take or to pay them for statutory annual leave entitlement A WTR 1998 Regs 30 Yes
  1.      
  2. Suffer a detriment and/or dismissal for requesting time to train.     
  3. Failure of employer to follow correct procedures/reject request based on incorrect facts.   
B ERA 1996 Secs 63D – 63I, Yes
Note:

You may wish to take advice if you are in any doubt as to the level of fee payable or whether the claim you intend to bring is relevant proceedings.

Originating legislation - abbreviation and full title 

AWR 2010 Agency Workers Regulations 2010
CBRSWT 2008 Cross-Border Railway Services (Working Time) Regulations 2008
CCBM 2007 Companies (Cross-Border Mergers ) Regulations 2007
CEC 1975 Colleges of Education (Compensation) Regulations 1975
COMAH 1999 Control of Major Accident Hazards Regulations 1999
DCOA 1994 Deregulation and Contracting Out Act 1994
DRC 1999 Disability Rights Commission Act 1999
EA 2006 Equality Act 2006
EA 2010 Equality Act 2010
ECS 2006 European Cooperative Society (Involvement of Employees) Regulations 2006
EOTS 2009 Ecclesiastical Offices (Terms of Service) Regulations 2009
EPLL 2009 European Public Limited Liability Company (Employee Involvement) (Great Britain) Regulations 2009
ERA 1996 Employment Rights Act 1996
ERelA1999 Employment Relations Act 1999
ESTPR 2010 Employee Study & Training (Procedural Requirements) Regulations 2010
ETA 1996 Employment (Industrial) Tribunals Act 1996
FTE 2002 Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002
FVWT 2004 Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004
FWR 2002 Flexible Working (Procedural Requirements) Regulations 2002 and Flexible Working (Eligibility, Complaints and Remedies) Regulations 2002
HSCE 1996 Health and Safety Consultation with Employee Regulations 1996
HSWA 1974 Health and Safety at Work Act 1974
ICER 2004 Information and Consultation of Employees Regulations 2004
MPL 1999 Maternity and Parental Leave Regulations 1999
MPL 2002 Maternity and Parental Leave (Amendment) Regulations 2002
MSWTIW 2003 Merchant Shipping (Working Time: Inland Waterways) Regulations 2003
NESE 1994 Notification of Existing Substances (Enforcement) Regulations 1994
NMWA 1998 National Minimum Wage Act 1998
OPPSR 2006 Occupational & Personal Pension Schemes (Consultation by Employers & Miscellaneous Amendment) Regulations 2006
PAL 2002 Paternity and Adoption Leave Regulations 2002
PIDA 1998 Public Interest Disclosure Act 1998
PTW 2000 Part Time Worker (Prevention of Less Favourable Treatment) Regulations 2000
SRSC 1977 Safety Representatives and Safety Committees Regulations 1977
SSPA 1975 Social Security Pensions Act 1975
STA 1994 Sunday Trading Act 1994
TCA 2002 Tax Credits Act 2002
TICER 1999 Transnational Information and Consultation of Employees Regulations 1999
TULR(C) 1992 Trade Union and Labour Relations (Consolidation) Act 1992
TUPE 2006 Transfer of Undertakings (Protection of Employment) Regulations 1981 & 2006
WTR 1998 Working Time Regulations 1998
RT (WT) R 2005

Road Transport (Working Time) Regulations 2005 

Art = (Article) Par = (Part) Reg = (Regulation) Sch = (Schedule) Sec = (Section)

Relevant proceedings means relevant proceedings as defined under Sec 18 Employment Tribunals Act 1996 amended by the Employment Tribunals Act 1996 (Application of Conciliation Provisions) Order 2014.  Under Sec 18A before a person presents an application to institute relevant proceedings to the Employment Tribunal the prospective claimant must provide to ACAS prescribed information, in the prescribed manner, about that matter.

Employment Tribunals Act 1996, an Employment Judge can sit alone on:  

a) proceedings on a complaint under section 68A, 87, or 192 of the Trade Union and Labour Relations (Consolidation) Act 1992 or an application under Sec 161, 165 or 166 of that Act;  

b) proceedings on a complaint under Sec 126 of the Pension Schemes Act 1993  

c) proceedings on a reference under section 11.163 or 170 of the Employment Rights Act 1996, on a complaint under Sec 23, 34, 111 or 188 of that Act, on a complaint under section 70(1) of that Act relating to section 64 of that Act,  or on an application under Sec 128, 131, 132 of that Act or for an appointment under section 206(4) of that Act.;

ca) proceedings on a complaint under regulation 15(1) of the Transfer of Undertakings (Protection of Employment ) Regulations 2006.

cc) proceedings on a complaint under section 11 of the National Minimum Wage Act 1998;

cd) proceedings on an appeal under section 19C of the National Minimum Wage Act 1998;

ce) proceedings on a complaint under regulation 30 of the Working Time Regulations 1998 relating to an amount due under regulation 14(2) or 16(1) of those Regulations,

cf) proceedings on a complaint under regulation 18 of the Merchant Shopping (Working Time: Inland Waterways Regulations 2003 relating to an amount due under regulation 11 of those Regulations,

cg) proceedings on a complaint under regulation 18 of the Civil Aviation (Working Time) Regulations 2004 relating to an amount due under regulation 4 of those Regulations,

ch) proceedings on a complaint under regulation 19 of the Fishing Vessels (Working Time: Sea-fishermen) Regulations 2004 relating to an amount due under regulation 11 of those Regulations,

d) proceedings in respect of which an Employment Tribunal has jurisdiction by virtue of Sec 3 of the Employment Tribunals Act 1996; 

e) proceedings in which the parties have given their written consent to the proceedings being heard in accordance with subsection 2 (whether or not they subsequently withdraw it);

g) proceedings in which the person (or, where more than one, each of the persons) against whom the proceedings are brought does not, or has ceased to, contest the case.

 
HM Courts & Tribunals Service

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