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Dismissal for Asserting a Statutory Employment Right
Employees will be unfairly
dismissed if their employer dismisses them (or selects them for redundancy
when others in similar circumstances are not selected) because
they have sought to assert one of their statutory employment protection rights
either by bringing proceedings against the employer to enforce the right or
by alleging in some other way that the employer has infringed the right.
To
benefit from this protection, employees do not necessarily have to have specified
the right they sought to assert, so long as they made it reasonably
clear to
the employer what that right was.
Provided that they have acted in good faith,
employees are protected regardless of whether or not they did in fact qualify
for the right they sought to assert
and regardless of whether or not that right had in fact been infringed. The
rights covered by the protection are those relating to:
- written statement of
employment particulars;
- itemised pay statement;
- guarantee pay;
- remuneration during suspension on medical grounds;
- time off for public
duties;
- time off to look for work or make arrangements for training prior
to redundancy;
- time off for antenatal care;
- protection against unlawful deductions from
pay;
- protection against unlawful receipt of payments by employer;
- protection
against detriment in health and safety cases;
- minimum period of notice;
- deduction of unauthorised or excessive union
subscriptions;
- requiring the employer to stop payment of a contribution to a union's
political fund;
- detriment by any act, or any failure to act, on
trade union grounds;
- time off for trade union duties and activities or training;
- protection
against detriment in cases relating to Sunday shop or betting work;
- time
off for employee pension scheme trustee duties or training;
- time off for
employee representative duties or candidacy;
- working time, rest periods,
breaks and annual leave;
- making a public interest disclosure;
- time off for study or training;
- pregnancy, childbirth and maternity;
- maternity, paternity and adoption
leave;
- parental leave;
- time off for dependants;
- the right to request flexible working arrangements.
There is no qualifying
period of service or age limit for employees who wish to complain that
they have been dismissed for one
of the reasons described in this section.
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