Jurisdiction list guidance for Employment Tribunal
| Descriptor | Originating Legislation |
|---|---|
| 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 |
EReIA 1999 Ss 11-12 |
| Application for a declaration that the inclusion of discriminatory terms/rules within certain agreements or rules causes the aforesaid to be invalid | E A 2010 s.120, s.146(1) |
| 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 | TULR (C)A 1992 Sec 189 |
| Suffered less favourable treatment and/or dismissal as an agency worker, than a directly recruited employee | AWR Secs 16-18 |
| Breach of Contract |
ETA 1996 Sec 3 |
| Failure of the employer to consult with an employee representative or trade union about a proposed contracting out of a pension scheme | SSPA 1975 |
| 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) | E A 2006 s.54 |
| Suffered a detriment, discrimination, including indirect discrimination, harassment or victimisation or discrimination based on association or perception on grounds of age | E A 2010 s.13, s.14, s.19, s.26, s.27, s.120 |
| Suffered a detriment, discrimination including indirect discrimination, and discrimination based on association or perception, harassment or victimisation and/or dismissal on grounds of disability or failure of employer to make reasonable adjustments | E A 2010 s.13, s.14, s.15, s.19, s.20, s.21, s.26, s.27, s.120, Schedule 8 |
| 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 | ERA 1996 Ss 46, 47, 48, 102-103, 105, 108-109 and 111 |
| Suffered a detriment, discrimination including indirect discrimination, discrimination based on association or perception, harassment or victimisation on grounds of religion or belief | E A 2010 s.13, s.14, s.19, s.26, s.27, s.120 |
| Suffered a detriment, discrimination including indirect discrimination, discrimination based on association or perception, harassment or victimisation on grounds of sexual orientation | E A 2010 s.13, s.14, s.19, s.26, s.27, s.120 |
| Application by the Secretary of State for Business, Innovation & Skills to prohibit a person from running an Employment Agency | Employment Agencies Act 1973 Ss 3A and 3C |
| Failure to provide equal pay for equal value work | E A 2010 s.64, s.120, s.127, s.128 |
| Failure of the employer to consult with an employee rep. or trade union about a proposed transfer | TUPE 1981 Regs 11(1) – (4) and (8), and TUPE Regs 2006, Reg 12 |
| Suffer a detriment and/or dismissal for claiming under the flexible working regulations or be subject to a breach of procedure |
ERA 1996 Ss 47E, 80F- 80I and 104C FW (Procedural Requirements) Regs 2002 FW (Eligibility Complaints and Remedies) Regs 2002 |
| Application by an employee that an employer has failed to pay a protected award as ordered by a tribunal | TULR(C)A 1992 Sec 192 |
| Failure to pay remuneration whilst suspended from work for health and safety reasons whilst pregnant or on mat. leave |
ERA 1996 Ss 67-68 and 70(1) and (4) |
| Failure to provide a written statement of terms and conditions and any subsequent changes to those terms |
ERA 1996 Sec 11(1) |
| 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 |
FTE 2002 Regs 7 and 9 ERA 1996 Sec 105 |
| Failure to allow time off for trade union activities or duties, for ante-natal care or for public duties |
TULR (C)A 1992 Sec 168 - 170; ERA 1996 Sec 51 and 57 |
| Failure to provide a guarantee payment |
ERA 1996 Sec 34 |
| Failure to pay remuneration whilst suspended for medical reasons |
ERA 1996 Ss 64 and 70(1) |
| Failure to allow time off to seek work during a redundancy situation |
ERA 1996 Sec 54 |
| 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 |
TUPE 1981 Sec 11 (5-8) |
| Failure to allow or to pay for time off for care of dependants, union learning representatives duties, pension scheme trustee duties, employee representatives duties, young person studying/training and European Works Council duties |
ERA 1996 Secs 57B, 60, 63 and 63C; TICER 1999 Reg 27 |
| Failure to provide a written pay statement or an adequate pay statement |
ERA 1996 Sec 11(2) |
| Failure to provide a written statement of reasons for dismissal or the contents of the statement are disputed |
ERA 1996 Sec 93 |
| Appeal against an enforcement, improvement or prohibition notice imposed by the HSE or Environmental Health Inspector, or by the Environment Agency | NESE 1994 Reg 6 or HSWA 1974 Sec 24(2) or COMAH 1999 Sec 18 |
| Failure to pay for or allow time off to carry out Safety Rep duties or undertake training |
Health & Safety at Work etc Act 1974 Sec 48 and 80 Safety Representatives & Safety Committees Regs 1977 Reg 11 Health & Safety (Consultation with Employees) Regs 1996 Sch 2 |
| Suffer a detriment, dismissal or redundancy for health and safety reasons | ERA 1996 Ss 44, 48, 100, 105, 108-109 and 111 |
| Application for interim relief |
ERA 1996 Sec 128 or TULR (C)A 1992 Ss 161-167 |
| Failure by the SOS to make an insolvency payment in lieu of wages and/or redundancy |
ERA 1996 Sec 188 |
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| Appeal against the levy assessment of an Industrial Training Board | Relevant Industrial Training Levy Order - either Construction or Engineering Construction Board |
| Loss of office as a result of the reorganisation of a statutory body | Miscellaneous statutes |
| Suffer a detriment and/or dismissal on grounds of pregnancy, child birth or maternity |
MERA 1996 Ss 47C, 48, 99, 108-109 and 111 MPL 2002 Regs 19-20 PAL Regs 2002 regs 28-29 |
| Appeal against an enforcement or penalty notice issued by HMRC |
NMWA 1998 Ss 19 and 22 |
| Appeal against an enforcement or penalty notice issued by HMRC |
NMWA 1998 Ss 19 and 22 |
| Suffer a detriment and/or dismissal related to failure to pay the minimum wage or allow access to records |
ERA 1996 Sec 104A, 105, 108-109 and 111 NMWA 1998 Ss 11 |
| Appeal against an unlawful act on a notice issued by the EHRC | EA 2006 Sec 21 |
| 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 | TULR 1992 Sec 68A |
| Failure of the employer to prevent unauthorised or excessive deductions in the form of union subscriptions |
TURER 1993 Sec 15(68) |
| Failure of the Secretary of State to pay unpaid contributions to a pensions scheme following an application for payment to be made | Pensions Schemes Act 1993 Sec 126 |
| Suffered a detriment and/or dismissal due to exercising rights under the Public Interest Disclosure Act |
ERA 1996 Ss 47B, 48, 103A, 105, 108-109 and 111 |
| Suffer a detriment and/or dismissal due to requesting or taking paternity or adoption leave or time off to assist a dependant |
ERA 1996 Ss 47C, 48, 57ª and 80 MPL 1999 Regs 19 PAL 2002 Sec 28 |
| Suffer less favourable treatment and/or dismissal as a result of being a part time employee by comparison to a full time employee |
PTW 2000 Reg 8 ERA 1996 Sec 105 |
| Failure to pay a redundancy payment |
ERA 1996 Ss 163 and 177 |
| Failure of the SOS to pay a redundancy payment following an application to the NI fund |
ERA 1996 Sec 170 |
| Suffered a detriment, discrimination including indirect discrimination, discrimination based on association or perception, harassment or victimisation on grounds of race or ethnic origin | E A 2010 s.13, s.14, s.19, s.26, s.27, s.120 |
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| Suffer a detriment and/or dismissal for refusing to work on a Sunday |
ERA 1996 Ss 44, 48, 101, 105, 108-109 and 111 |
| Suffered a detriment, discrimination including indirect discrimination, discrimination based on association or perception, harassment or victimisation on grounds of sex, marriage and civil partnership or gender reassignment | E A 2010 s.13, s.14, s.16, s.19, s.26, s.27, s.120 |
| Suffered less favourable treatment and/or dismissal as a temp. employee than a full time employee | FTE Regs 2002 |
| Suffer discrimination in obtaining employment due to membership or not-membership of a trade union; or refused employment or suffered a detriment for reasons related to a blacklist |
TULR (C)A 1992 Ss 137 and 139 ERA 1999 (Blacklist) Regs 2010 |
| Suffer a detriment and/or dismissal relating to being, not being or proposing to become a trade union member |
TULR (CA) 1992 Ss 145A-145C, 146-147 and 152-160 ERA 1996 Part X |
|
(a) Failure of the employer to consult or report about training in relation to a bargaining unit (b) Suffered a detriment on grounds related to recognition of a trade union for collective bargaining |
TULR (C)A 1992 Ss 70c, Sch A1 paras 156-157 |
| Suffer discrimination in obtaining the services of an employment agency due to membership or non-membership of a trade union; or refused employment or suffered a detriment for a reason related to a blacklist |
TULR (C)A 1992 Ss 138 and 139 ERA 1999 (Blacklist) Regs 2010 |
| Suffered a detriment and/or dismissal due to exercising rights under the Tax Credits Act | ERA 1996 Ss 47D, 48, 104B, 105, 108-109 and 111 |
| Unfair dismissal after exercising or claiming a statutory right |
ERA 1996 Ss 104, 105, 108-109 and 111 |
| Unfair dismissal on grounds of capability, conduct or some other general reason including the result of a transfer of an undertaking |
ERA 1996 Sec 111 |
| Unfair dismissal in connection to a lock out, strike or other industrial action |
TULR 1992 Ss 237-239 ERA 1996 Sec 105 |
| Failure of employer to pay or unauthorised deductions have been made | ERA 1996 Sec 23 |
| Appeal by a person who has been served with an improvement or prohibition notice under the Working Time Regulations 1998 | WTR 1998 Sch 3, para 6 |
| Failure to limit weekly or night working time, or to ensure rest breaks |
WTR 1998 Regs 4, 6, 10, 12-17 ERA 1996 Ss 45A, 48, 101A, 105, 108-109 and 111 WTR 1998 Reg 30 Merchant Shipping (Working Time: Inland Waterways) Regs 2004 Reg 18 |
| Complaint by a worker that employer has failed to allow them to take or to pay them for statutory annual leave entitlement | WTR 1998c Regs 13, 14(2) or 16(1) |
| Appeal by a person who has been served with an improvement notice under the Road Transport (Working Time) Regulations 2005 | RT (WT) R 2005, Sch 2, p. 3, 5 and 6 |
|
(a) Suffer a detriment and/or dismissal related to a request for time to train or study (b) Failure of an employer to follow the correct procedures or reject a request based on incorrect facts |
ERA 1996 Sec 63D |
Employment (Industrial) Tribunals Act 1996
| A Chairman can sit alone on: | a) proceedings on an application under Sec 161, 165 or 166 of the Trade Union and Labour Relations (Consolidation) Act 1992; |
|---|---|
| b) proceedings on a complaint under Sec 126 of the Pension Schemes Act 1993; | |
| c) proceedings on a complaint under Sec 23 or 188 of the Employment Rights Act 1996 or on an application under Sec 128, 131, 132 of that Act; | |
| d) proceedings in respect of which an Employment Tribunal has jurisdiction by virtue of Sec 3 of the Employment (Industrial) 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); | |
| f) proceedings in which the person bringing the proceedings has given written notice withdrawing the case; and | |
| 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. |
Originating Legislation - Abbreviation and Full Title
| AWR 2010 | Agency Workers Regulations 2010 |
| 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 |
| ERA 1996 | Employment Rights Act 1996 |
| ERelA1999 | Employment Relations Act 1999 |
| ETA 1996 | Employment (Industrial) Tribunals Act 1996 |
| FTE 2002 | Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 |
| FWR 2002 | Flexible Working (Procedural Requirements) Regulations 2002 and Flexible Working (Eligibility, Complaints and Remedy) Regulations 2002 |
| HSCE 1996 | Health and Safety Consultation with Employee Regulations 1996 |
| HSWA 1974 | Health and Safety at Work Act 1974 |
| MPL 1999 | Maternity and Parental Leave Regulations 1999 |
| MPL 2002 | Maternity and Parental Leave (Amendment) Regulations 2002 |
| NESE 1994 | Notification of Existing Substances (Enforcement) Regulations 1994 |
| NMWA 1998 | National Minimum Wage Act 1998 |
| 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 1981 | Transfer of Undertakings (Protection of Employment) Regulations 1981 |
| TURER 1993 | Trade Union Reform and Employment Rights Act 1993 |
| 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)
