Applications to Employment Tribunal

Posted on February 20, 2014

Applications to Employment Tribunal

Advice and assistance in commencing proceedings in the employment tribunal or County Court

Where disputes cannot be resolved through internal procedures, solicitor’s letters or Acas, it may be necessary to commence proceedings for a remedy. if so,  I can assist with the following claims:

  1. for breach of contract or wrongful dismissal;
  2. for unfair dismissal, under section 111 of the Employment Rights Act 1996;
  3. in relation to the right to a written statement of reasons for dismissal, under section 93 of the Employment Rights Act 1996;
  4. for a statutory redundancy payment, under section 163 of the Employment Rights Act 1996;
  5. in relation to an unlawful deduction from wages or unlawful payment, under section 23 of the Employment Rights Act 1996;
  6. for unlawful detriment, under section 48 of the Employment Rights Act 1996 or section 56 of the Pensions Act 2008;
  7. in relation to written employment particulars and itemised pay statements, under section 11 of the Employment Rights Act 1996;
  8. in relation to guarantee payments, under section 34 of the Employment Rights Act 1996;
  9. in relation to suspension from work, under section 70 of the Employment Rights Act 1996;
  10. in relation to parental rights and flexible working, under sections 80 and 80H of the Employment Rights Act 1996;
  11. in relation to time off work, under sections 51, 54, 57, 57B, 60, 63 and 63C of the Employment Rights Act 1996;
  12. in relation to working time or holiday pay, under regulation 30 of the Working Time Regulations 1998;
  13. in relation to the national minimum wage, under sections 11, 18, 19D and 24 of the National Minimum Wage Act 1998;
  14. for equal pay or equality of terms under sections 120 and 127 of the Equality Act 2010 [and/or section 2 of the Equal Pay Act 1970;
  15. for pregnancy or maternity discrimination, direct or indirect discrimination, harassment or victimisation related to sex, marital or civil partnership status, pregnancy or maternity or gender reassignment under section 120 of the Equality Act 2010 [and/or direct or indirect discrimination, harassment or victimisation related to sex, marital or civil partnership status, gender reassignment, pregnancy or maternity under section 63 of the Sex Discrimination Act 1975];
  16. for direct or indirect discrimination, harassment or victimisation related to race under section 120 of the Equality Act 2010 [and/or direct or indirect discrimination, harassment or victimisation related to race, colour, race, nationality or ethnic or national origin, under section 54 of the Race Relations Act 1976];
  17. for direct or indirect discrimination, harassment or victimisation related to disability, discrimination arising from disability, or failure to make adjustments under section 120 of the Equality Act 2010 [and/or direct discrimination, harassment or victimisation related to disability, disability-related discrimination or failure to make adjustments under section 17A of the Disability Discrimination Act 1995];
  18. for direct or indirect discrimination, harassment or victimisation related to religion or belief under section 120 of the Equality Act 2010 [and/or under regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003];
  19. for direct or indirect discrimination, harassment or victimisation related to sexual orientation, under section 120 of the Equality Act 2010 [and/or under regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003];
  20. for direct or indirect discrimination, harassment or victimisation related to age, under section 120 of the Equality Act 2010 [and/or under regulation 36 of the Employment Equality (Age) Regulations 2006];
  21. in relation to the duty to consider working beyond retirement, under paragraphs 11 and 12 of Schedule 6 to the Employment Equality (Age) Regulations 2006;
  22. for less favourable treatment on the grounds of part-time status, under regulation 8 of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000;
  23. for less favourable treatment on the grounds of fixed-term status, under regulation 7 of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2002;
  24. under regulations 27 and 32 of the Transnational Information and Consultation etc. Regulations 1999;
  25. under regulations 29 and 33 of the Information and Consultation of Employees Regulations 2004;
  26. under regulations 45 and 51 of the Companies (Cross-Border Mergers) Regulations 2007;
  27. under paragraphs 4 and 8 of the Schedule to the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006;
  28. under sections 68A, 87, 137, 145A, 145B, 146, 168, 168A, 169, 170, 174 and 192 of the Trade Union and Labour Relations (Consolidation) Act 1992;
  29. in relation to the obligations to elect appropriate representatives or any entitlement to compensation, under the Transfer of Undertakings (Protection of Employment) Regulations 2006;
  30. in relation to the right to be accompanied under section 11 of the Employment Relations Act 1999;
  31. in relation to refusal of employment, refusal of employment agency services and detriment under regulations 5, 6 and 9 of the Employment Relations Act 1999 (Blacklists) Regulations 2010;
  32. in relation to the right to request time off for study or training under section 63I of the Employment Rights Act 1996;
  33. in relation to the right to equal treatment, access to collective facilities and amenities, access to employment vacancies and the right not to be subjected to a detriment under regulations 5, 12, 13 and 17(2) of the Agency Workers Regulations 2010;
  34. for harassment under the Protection from Harassment Act 1997;
  35. for failure to comply with obligations under the Human Rights Act 1998;
  36. for failure to comply with obligations under the Data Protection Act 1998; and
  37. arising as a consequence of the United Kingdom’s membership of the European Union.
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