David Royden is a Partner with Laytons Solicitors and Head of Employment Law, Manchester, UK

Laytons Solicitors is a national law practice specialising in all aspects of Company and Commercial Law

Laytons Solicitors, 22 St John Street, Manchester M3 4EB.
Tel: +44 (0) 161 834 2100
Fax: +44 (0) 161 834 6862

Offices at London, Manchester and Guildford, UK


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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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Employmet Law Procedures - view section

Employment Law Issues - view section

Sample Documents - view section