Qualifying time limits for employment rights

Qualifying time limits for employment rights

It is important that members are aware that what the qualifying time limits are in pursuit of defending employment rights. UCATT works closely with our legal representatives to ensure that your rights are protected by our officers and specialist legal representatives.

Below is a list of some of the employment rights that have qualifying periods attached and you should note these and always contact your local office to gain further information.
After one month employment with a company you have:

  • Medical suspension rights (this is the right to receive payment while off sick for a period of no less than 26 weeks – includes right to Statutory Sick Pay)
  • Guarantee Pay Rights (See Temporary Lay Off & Guarantee Section)
  • Minimum Notice Rights (after one month you are entitled to one weeks of any termination of employment and one week for each year thereafter up to a maximum of 12 weeks)

At 8 weeks you should receive a written statement of your employment particulars. Should you not receive this you should:

  1. Request this from the employer
  2. Take out a grievance
  3. Refer the matter to an employment tribunal

This can be done at any time while working for the employer, or within 3 months of the employment relationship ending.

After 6 months continuous employment employees have the right to receive:

  • Statutory Maternity Pay
  • Paternity Leave
  • Adoption Leave
  • Right to Request Flexible Working
  • Additional Maternity Leave

After one year in employment employees have rights to:

  • Written reasons for dismissal
  • Additional maternity leave
  • Parental leave

Following two years employment:

  • Redundancy payments
  • Time off during redundancy notice to look for another job

Unfair Dismissal

From April 6th 2012, new employees will require one or two years before that can claim for unfair dismissal, prior to that they need one years’ service. Employees whose employment started before April 6th 2012 can still bring claims with only one years’ service. Those employees starting a job after April 6th 2012, must have two years’ service before they can claim unfair dismissal.

Therefore if you have ten months service on Aril 6th 2012 you would need to wait only a further two months to bring a claim.

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