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Employment rights claims

Other associated rights are:
 

  • protection from automatically unfair dismissal (including constructive dismissal) for employees under the Employment Rights Act 1996, regardless of length of service, where the reason or principal reason for dismissal is related to pregnancy, maternity leave, other family leave and rights, whistleblowing, asserting a statutory right and other prohibited grounds;
  • protection from ordinary unfair dismissal (including constructive dismissal) for employees under the Employment Rights Act 1996 for employees with one year's service; there are potentially fair grounds, such as conduct, capability, redundancy or some other substantial reason and the employer must adopt a fair procedure;
  • protection from detriment and dismissal for making a protected disclosure (whistle blowing);
  • right to redundancy payment if employed for two years;
  • right not to be treated less favourably because of the worker's part-time status;
  • right not to be treated less favourably because of fixed-term status;
  • rights to written reasons for any less favourable treatment as part-timer or fixed-term worker and written reasons for dismissal for a pregnant woman or a woman on maternity leave;
  • health and safety protection, particularly for pregnant women where failure to carry out a risk assessment may be sex discrimination;
  • a right to a minimum number of days holiday pay for workers under the Working Time Regulations which may be up to 28 days per annum inclusive of bank holidays;
  • breach of the employee's contract, giving rise to notice pay, bonus payments and other contractual payments;
  • unlawful deduction of wages, where the worker is owed pay, bonus, commission, holiday pay, statutory sick pay, maternity, paternity, adoption pay and other payments;
  • rights associated with being a union member;
  • protection from harassment under the Protection from Harassment Act, although this claim cannot be made in the Employment Tribunal;
  • a personal injury claim (in the County or High Court) for employees who have sustained a mental or physical injury as a result of negligence.

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