The Employment Tribunals are independent judicial bodies who determine disputes between employers and employees over employment rights. Our website provides information about the tribunal's procedures and gives guidance on how you make or respond to a claim.
Administrative support to employment tribunals is provided by the Tribunals Service, an executive agency of the Ministry of Justice (MOJ)
If you are not sure that your complaint is one that an Employment Tribunal can deal with, contact the Employment Tribunals public enquiry line on 08457 959 775 or ACAS helpline on 08457 474747 who will be able to help.
PDF version Increase in limits on payments under employment rights legislation
New limits for unfair dismissal and redundancy payments for payments and awards made to workers in certain employment rights cases will rise from the 1 February under the annual index-linked formula.
The increased limits affect:
- statutory redundancy payments;
- the basic and compensatory awards for unfair dismissal;
- the limit on guarantee payment made when employees are not provided with work; and
- the minimum basic award for unfair dismissal in health and safety and certain other cases.
Table of increases in limits - effective from 1 February 2011.
(SI 2010 No. 2926)
Table of proposed limits
|
Relevant statutory limits |
Subject of provision |
Old limits |
New limits |
Notes |
|
Section 145E(3) of the 1992 Act |
Amount of award for unlawful inducement relating to trade union membership or activities or for unlawful inducement relating to collective bargaining. |
£3,100 |
£3,300 |
3100 x (4.6%) = 142.6
Round up to the nearest £100 |
|
Section 156(1) of the 1992 Act |
Minimum amount of basic award of compensation where dismissal is unfair by virtue of section 152(1) or 153 of the 1992 Act |
£4,700 |
£5,000 |
4700 x (4.6%) = 216.2
Round up to nearest £100 |
|
Section 176(6A) of the 1992 Act |
Minimum amount of compensation where individual excluded or expelled from union in contravention of section 174 of the 1992 Act and not admitted or re-admitted by date of tribunal application |
£7,200 |
£7,600 |
7200 x (4.6%) = 331.2
Round up to nearest £100 |
|
Section 31(1) of the 1996 Act |
Limit on amount of guarantee payment payable to an employee in respect of any day. |
£21.20 |
£22.20 |
21.20 x (4.6%) = 0.9752
Round up to nearest 10p |
|
Section 120(1) of the 1996 Act |
Minimum amount of basic award of compensation where dismissal is unfair by virtue of section 100(1)(a) and (b), 101A(d), 102(1) or 103 of the 1996 Act. |
£4,700 |
£5,000 |
4700 x (4.6%) = 216.2
Round up to nearest £100 |
|
Section 124(1) of the 1996 Act. |
Limit on amount of compensatory award for unfair dismissal. |
£65,300 |
£68,400 |
65 300 x (4.6%) = 3 003.8
Round up to nearest £100 |
|
Paragraphs (a) and (b) of section 186(1) of the 1996 Act |
Limit on amount in respect of any one week payable to an employee in respect of a debt to which Part XII of the 1996 Act applies and which is referable to a period of time. |
£380 |
£400 |
380 x (4.6%) = 17.48 Round up to the nearest £10 |
|
Section 227(1) of the 1996 Act |
Maximum amount of “a week’s pay” for the purpose of calculating a redundancy payment or for various awards including the basic or additional award of compensation for unfair dismissal. |
£380 |
£400 |
380 x (4.6%) = 17.48 Round up to the nearest £10 |
In the above table:
(1) “the 1992 Act” means the Trade Union and Labour Relations (Consolidation) Act 1992; and
(2) “the 1996 Act” means the Employment Rights Act 1996
Notes to editors
Notes to editors:
- Access this information online at: http://www.opsi.gov.uk/si/si-2010-index or copies are available from the Parliamentary Stationery Office.
- Section 34 of the Employment Relations Act 1999 provides that the limits on various awards and payments under employment legislation will be index-linked, i.e. will be varied by Order if the Retail Prices Index (RPI) for September of a year is higher or lower than the index of the previous September. The variation between September 2009 and September 2010 was +4.6% (source: ONS, all items RPI).
- Section 36(1) and 36(2) of the Act abolished the previous requirement to conduct annual reviews. A Regulatory Impact Assessment is not required in this instance because the Act provides for indexation according to a pre-determined formula (i.e. linked to the RPI).
- The new increases will apply where the event giving rise to the entitlement to compensation occurs on or after 1 February 2011. Limits previously in force (under the Employment Rights (Increase of Limits) Order 2008 – S.I. 2008/3055, The Employment Rights (Revision of Limits ) Order 2009 – SI 2009/ No.3274) and The Work and Families (Increase of Maximum Amount) Order 2009 – S.I. 1903) are preserved by article 4 of the Order in relation to cases where the event was before that date.
- The Secretary of State is under a duty both to make the uprating Order and to bring the new limits into force as soon as practicable. The changes being made involve no changes to the structure of the awards and other payments, or to employers’
- BIS' online newsroom contains the latest press notices, speeches, as well as video and images for download. It also features an up to date list of BIS press office contacts. See http://www.bis.gov.uk/newsroom for more information.
http://nds.coi.gov.uk/content/detail.aspx?NewsAreaId=2&ReleaseID=417255&...
Employment law reform: consultation response and Employment Tribunal review
On 23 November, the Government published its response to the consultation on ‘Resolving workplace disputes’. The Equality and Diversity Forum responded to the consultation in April 2011.
The Government’s response to the consultation confirms the proposals it intends to take forward, such as extending the qualifying period for unfair dismissal, and announces the intention to go further by undertaking a Fundamental Review of the current Rules of Procedure for Employment Tribunal.
The consultation was launched by the Department for Business, Skills & Innovation (BIS) and the Ministry of Justice’s Tribunals Service on 27 January and closed on 20 April 2011. It was launched alongside an Employer’s Charter that ‘aims to dispel many of the myths about what an employer can and can’t do in managing their staff reasonably, fairly and lawfully, providing clarity for employers on what steps they can take when handling workplace issues with staff. It covers a wide range of employment law scenarios’.
The consultation asked for views on measures to:
- achieve more early resolution of workplace disputes so that parties can resolve their own problems, in a way that is fair and equitable for both sides, without having to go to an employment tribunal;
- ensure that, where parties do need to come to an employment tribunal, the process is as swift, user-friendly and effective as possible; and
- help businesses and social enterprises feel more confident about hiring people.
Click here for details of consultation, consultation response and Fundamental Review of the current Rules of Procedure for Employment Tribunal
Click here for speech by Business Secretary Vince Cable, given on 23 November 2011, outlining legislative changes to the employment law framework
Click here for Employer’s Charter (pdf)
Click here for Equality and Diversity Forum and other response to the consultation
Click here for piece by Sarah Veale, Head of the Equality and Employment Rights Department at the TUC arguing that ‘Employment Rights are not bad for business’
Introducing fees in employment tribunals and Employment Appeal Tribunal
Open date: 14 December 2011
Close date: 06 March 2012
This consultation is aimed at users of the employment tribunals and the Employment Appeal Tribunal, the legal profession, the judiciary, the advice sector and all with an interest in this area in England, Wales and Scotland.
Bringing a claim or an appeal to the employment tribunal or the Employment Appeal Tribunal is currently free of charge with the full cost of running the tribunals being met by the taxpayer.
The aim of these proposals is reduce the taxpayer subsidy of these tribunals by transferring some of the cost to those who use the the service, while protecting access to justice for the most vulnerable.
Views are welcomed on fee charging structures and two options are proposed in this consultation.
- Charging fees in employment tribunals and the Employment Appeal Tribunal [PDF 0.40mb]
- Impact assessment [PDF 0.90mb]
- Initial equality impact assessment [PDF 0.24mb]
http://www.justice.gov.uk/consultations/et-fee-charging-regime-cp22-2011...
Information you need to know before making a claim to an Employment Tribunal or responding to a claim against you.
If you are making a claim, check the Jurisdiction list to confirm you have grounds to make a claim.
If you would like a copy of this booklet in Braille, large print or on disc please contact a Tribunal office, or the Employment Tribunals Public Enquiry Line on 0845 795 9775
Please note the following when completing the claim or response form:
Use the highlight Fields button to show any errors or omissions if prompted
Important
Important changes to the Employment Tribunal's Rules of Procedure which affect how you should make and respond to a claim, came into effect on 6 April 2009. For a transitional period two claim and response forms will be available.
For this transitional period it will be important to ensure that you complete the correct claim and response form
In general if the old rules apply to a claim then the old form should be used. Where the new rules apply the new form should be used.
For more detailed information on which rules apply (and cut off dates), go to BIS | Business Innovation & Skills
Claim (ET1) forms & guidance (Which forms to use)
Also available in Braille, audio, large print and on disk
Also available in Braille, audio, large print and on disk
If you wish to submit more than 28 claimants please read the guidance page for more information. See 'Using the downloadable PDF forms for help'
Information for England and Wales based Claimants
If someone is advising or representing you in relation to your claim, they must, unless they are a practising solicitor or barrister, be authorised to do so, wherever they are based (including Scotland, the Channel Islands and all of Europe) Trade Union officials, Citizens' Advice Bureau advisors or a personal friend helping you present your claim may be exempted from these requirements. However, to check your representatives status, and for more information, telephone 0845 450 6858 or go to www.claimsregulation.gov.uk
Response (ET3) forms & guidance (Which forms to use)
See 'Using the downloadable PDF forms' for help
http://www.employmenttribunals.gov.uk/FormsGuidance/formsGuidance.htm