Other types of claims

09 July 2019
In addition to claims for unfair dismissal, discrimination and pay disputes, there are a number of other claims that can be brought in the employment tribunal. These include:

Equal Pay Disputes

An employee requires no length of service to bring about a claim for this reason. A Tribunal can award an arrears of pay which could be for up to six years for each individual affected by the decision (five years in Scotland).

Failure to Consult with the Union or Employee Representatives

An employee requires no length of service to bring about a claim for this reason. A Tribunal can award up to 13 weeks’ pay for each individual in the group made redundant or transferred where the recognised trade union or workers' representative was not consulted.

Failure to Issue Pay Statements

An employee requires no length of service to bring about a claim for this reason. An order can be made for a repayment of all un-notified deductions over previous 13 weeks.

Re-Instatement and Re-Engagement Following a Tribunal

If an employee has been unfairly dismissed, a Tribunal can order re-instatement or re-engagement if sought by the employee. Re-instatement involves the employee resuming their old role within the company whilst re-engagement would involve the employee taking up a different role with the same employer. Compensation can also be awarded by a Tribunal for any losses between the dismissal and the re-instatement/re-engagement. However, should an employer choose not to comply with a re-instatement or re-engagement order, the Tribunal can award is an additional award of 26 or 52 weeks’ pay.

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