Article 2
SCHEDULE 1
“Table 2 - Type A claims
Col 1 Row | Column 2 Description of claim | Column 3 Provision identifying the rights of the claimant | Column 4 Provision conferring jurisdiction on tribunal |
|---|---|---|---|
| 1. | Application by the Secretary of State to prohibit a person from running an Employment Agency | Section 3A EAA(1) | Section 3A EAA |
| 2. | Application by a person subject to a prohibition order to vary or set it aside | Section 3C EAA | Section 3C EAA |
| 3. | Appeal against improvement or prohibition notice | Section 24 HSWA(2) | Section 24 HSWA |
| 4. | Appeal against assessment of training levy | Section 12 ITA(3) | Section 12 ITA |
| 5. | Complaint of deduction of unauthorised subscriptions | Section 68 TULR(C)A(4) | Section 68A TULR(C)A(5) |
| 6. | Complaint relating to failure to deduct or refuse to deduct an amount to a political fund | Section 86 TULR(C)A | Section 87 TULR(C)A(6) |
| 7. | Complaint that an employer has failed to permit time off for carrying out trade union duties | Section 168 TULR(C)A(7) | Section 168 TULR(C)A |
| 8. | Complaint that an employer has failed to permit time off for union learning representatives | Section 168A TULR(C)A(8) | Section 168A TULR(C)A |
| 9. | Complaint that an employer has failed to pay for time off for union learning representatives | Section 169 TULR(C)A(9) | Section 169 TULR(C)A |
| 10. | Complaint that an employer has failed to permit time off for trade union activities | Section 170 TULR(C)A(10) | Section 170 TULR(C)A |
| 11. | Complaint that employer has failed, wholly or in part, to pay remuneration under a protective award | Section 190 TULR(C)A(11) | Section 192 TULR(C)A(12) |
| 12. | Complaint that the Secretary of State has not paid, or has paid less than, the amount of relevant contributions which should have been paid into a pension scheme | Section 124 PSA(13) | Section 126 PSA |
| 13. | Breach of contract, except where the employer’s contract claim is made by way of application as part of the employer’s response to the employee’s contract claim (as to which, see instead article 4 and Schedule 1 to this Order) | Section 3 ETA(14); Articles 3 and 4 of each of the EJOs | |
| 14. | Reference to determine what particulars ought to be included in a statement of employment particulars or changes to particulars | Sections 1 and 4 ERA | Section 11 ERA(15) |
| 15. | Reference to determine what particulars ought to be included in an itemised pay statement | Section 8 ERA | Section 11 ERA |
| 16. | Complaint of unauthorised deductions from wages | Section 13 ERA | Section 23 ERA(16) |
| 17. | Complaint that employer has received unauthorised payments | Section 15 ERA | Section 23 ERA |
| 18. | Complaint that employer has failed to pay guaranteed payment | Section 28 ERA | Section 34 ERA(17) |
| 19. | Complaint that employer has failed to permit time off for public duties | Section 50 ERA(18) | Section 51 ERA(19) |
| 20. | Complaint that employer has refused to permit, or has failed to pay for, time off to look for work or arrange training | Sections 52 and 53 ERA | Section 54 ERA(20) |
| 21. | Complaint that employer has refused to allow, or has failed to pay for, time off for ante-natal care | Sections 55(21), 56, 57ZA and 57ZB(22) ERA | Sections 57(23) and 57ZC(24) ERA |
| 22. | Complaint that employer has refused to allow time off for dependants | Section 57A ERA(25) | Section 57B ERA(26) |
| 23. | Complaint that employer has failed to allow, or to pay for, time off for trustee of pension scheme | Sections 58(27) and 59 ERA | Section 60 ERA(28) |
| 24. | Complaint that employer has failed to allow, or to pay for, time off for employee representative | Sections 61(29) and 62 ERA | Section 63 ERA(30) |
| 25. | Complaint that employer has failed to allow, or to pay for, time off for young people in Wales and Scotland | Sections 63A(31) and 63B(32) ERA | Section 63C ERA(33) |
| 26. | Complaint that employer has failed to pay for time off on medical or maternity grounds | Sections 64(34), 68(35) and 68C(36) ERA | Sections 70(37) and 70A(38) ERA |
| 27. | Complaint that employer has failed to deal with an application in relation to study or training in accordance with regulations or refused the application on the basis of incorrect facts | Sections 63D to 63H ERA(39) | Section 63I ERA(40) |
| 28. | Complaint that employer has unreasonably failed to provide a written statement of reasons for dismissal or the particulars are inadequate or untrue | Section 92 ERA(41) | Section 93 ERA(42) |
| 29. | Reference in respect of a right to redundancy payment | Section 135 ERA | Sections 163(43) and 177(44) ERA |
| 30. | Reference related to payment out of National Insurance Fund | Section 166 ERA(45) | Section 170 ERA |
| 31. | References related to payments equivalent to redundancy payments | Sections 167, 168 and 177 ERA | Section 177 ERA |
| 32. | Complaint that the Secretary of State has failed to make any, or insufficient, payment out of the National Insurance Fund | Section 182 ERA | Section 188 ERA(46) |
| 33. | Appeal against a notice of underpayment | Section 19C NMWA(47) | Section 19C NMWA |
| 34. | Appeal against a notice issued by the Commission for Equality and Human Rights where the notice relates to an unlawful act | Section 21 EA 2006(48) | Section 21 EA 2006 |
| 35. | Complaint that prospective employer made enquiries about disability or health | Section 60 EA 2010 | Section 120 EA 2010 |
| 36. | Application in relation to the effect of a non-discrimination rule in an occupational pension scheme | Section 61 EA 2010 | Section 120 EA 2010 |
| 37. | Complaint in relation to a breach of a maternity equality clause | Section 73 EA 2010 | Section 127 EA 2010 |
| 38. | Complaint in relation to a breach of, or application in relation to the effect of, a maternity equality rule in an occupational pension scheme | Section 75 EA 2010 | Section 127 EA 2010 |
| 39. | Complaint in relation to terms prohibiting discussions about pay | Section 77 EA 2010 | Section 120 EA 2010 |
| 40. | Complaint that a term in a collective agreement is void or unenforceable | Section 145 EA 2010 | Section 146 EA 2010 |
| 41. | Appeal of decision of compensating authority | Regulation 42 CEC | Regulation 42 CEC |
| 42. | Complaint that employer has failed to pay for remunerated time off for safety representative | Regulation 4(2) of, and Schedule 2 to, the SRSC | Regulation 11 SRSC |
| 43. | Reference that there has been a failure to consult with employee representatives about contracting out of pension scheme | Regulation 4 OPS(CO)R and regulation 9 of OPS(DI)R | Regulation 4 OPS(CO)R and regulation 9 of OPS(DI)R |
| 44. | Complaint that employer has failed to pay for time off to carry out Safety Representative duties or undertake training | Regulation 7 of, and Schedule 1 to, the HSCE | Schedule 2 to the HSCE |
| 45. | Complaint that employer has refused to allow annual leave or make payment in respect of annual leave | Regulations 13, 13A, 14 and 16 WTR | Regulation 30 WTR |
| 46. | Appeal against improvement or prohibition notice | Paragraph 6 of Schedule 3 to WTR | Paragraph 6 of Schedule 3 to WTR |
| 47. | Appeal against improvement or prohibition notice | Regulation 18 COMAH | Regulation 18 COMAH |
| 48. | Complaint in relation to refusal of annual leave or to make payment | Regulation 11 MSR | Regulation 18 MSR |
| 49. | Complaint in relation to refusal to provide paid annual leave | Regulation 4 CAR | Regulation 18 CAR |
| 50. | Complaint in relation to failure to provide free health assessments | Regulation 5 CAR | Regulation 18 CAR |
| 51. | Complaint in relation to refusal of annual leave or to make payment | Regulation 11 FVR | Regulation 19 FVR |
| 52. | Complaint that employer has refused to allow or failed to pay for time off for information and consultation or negotiating representatives | Regulations 27 and 28 ICR | Regulation 29 ICR |
| 53. | Appeal against improvement notice | Paragraph 6(2) of Schedule 2 to the RTR | Paragraph 6(2) of Schedule 2 to the RTR |
| 54. | Complaint in relation to failure to pay compensation in pursuance of tribunal order | Regulation 15(7) and 15(8) TUPE | Regulation 15(10) TUPE |
| 55. | Complaint that employer has failed to allow, or pay for, time off for functions as employee representative | Paragraphs 2 and 3 of the Schedule to OPR | Paragraph 4 of the Schedule to OPR |
| 56 | Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body | Regulations 28 and 29 ECSR | Regulation 30 ECSR |
| 57. | Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body | Regulations 43 and 44 CCBR | Regulation 45 CCBR |
| 58. | Appeal against notice from Health and Safety Executive or a local authority | Regulation 21 and Part 2 of Schedule 8 to REACHER | Regulation 21 and Part 2 of Schedule 8 to REACHER |
| 59. | Reference to determine what particulars ought to be included in an itemised statement of stipend | Regulation 6 EOR | Regulation 9 EOR |
| 60. | Reference to determine what particulars ought to be included in a statement of particulars or changes to particulars | Regulations 3 and 6 EOR | Regulation 9 EOR |
| 61. | Complaint that employer has failed to allow, or pay for, time off for members of special negotiating body | Regulations 26 and 27 ELLR | Regulation 28 ELLR” |
1973 c.35; sections 3A and 3C were inserted by section 35 of, and paragraph 1(3) of Schedule 10 to, the Deregulation and Contracting Out Act 1994 (c.40) which was amended by section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
1974 c.37; section 24 amended by section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
1982 c.10; section 12 was amended by section 22(4) of, and paragraph 11 of Schedule 4 to, the Employment Act 1989 (c.8) and sections 25(6) and 29 of, and paragraphs 1 and 4 of Schedule 1 to, the Further Education and Training Act 2007 (c.25) and section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
1992 c.52; section 68 was substituted first by section 15 of the Trade Union Reform and Employment Rights Act 1993 (c.19) which was then substituted by article 2(1) of S.I. 1998/1529.
Section 68A was inserted by section 15 of the Trade Union Reform and Employment Rights Act 1993 (c.19) and amended by section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8), S.I.1998/1529 and section 240 of, and paragraph 56(1) and (4) of Schedule 1 to, the Employment Rights Act 1996 (c.18).
Section 87 was substituted by section 6 of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
Section 168 was amended by S.I.1995/1925, S.I.2006/246 and section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
Section 168A was inserted by section 43 of the Employment Act 2002 (c.10).
Section 169 was amended by section 43 of the Employment Act 2002 (c.10) and section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
Section 170 was amended by section 43 of the Employment Act 2002 (c.10) and section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
Section 190 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8), sections 34 and 51 of, and Schedule 10 to, the Trade Union Reform and Employment Rights Act 1993 (c.19) and by section 240 of, and paragraph 56(1) and (14) of Schedule 1 to, the Employment Rights Act 1996 (c.18).
Section 192 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and by S.I. 1998/1658.
1993 c.48; section 124 was amended by section 90 of the Pensions Act 1995 (c.26), section 240 of, and paragraph 61(1) and (3) of Schedule 1 to, the Employment Rights Act 1996 (c.18) and by section 319(1) of, and paragraphs 9 and 20 of Schedule 12 to the Pensions Act 2004 (c.35).
1996 c.18; section 3 was amended by sections 35, 36 and 54 of, and Schedule 8 to, the Employment Act 2002 (c.10).
1996 c.18; section 11 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and by S.I. 2011/1133.
Section 23 was amended by sections 1(2) and 15 of, and paragraph 18 of Schedule 1 to, the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and by S.I. 2011/1133.
Section 34 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and by S.I. 2011/1133.
Section 50 was amended by section 134(1) of, and paragraph 88 of Schedule 9 to, the Police Act 1997 (c.50), S.I. 2000/90, S.I. 2000/1737, S.I. 2000/2463, section 60(2) of the Standards in Scotland’s Schools etc Act 2000 (c.6), S.I. 2001/2237, S.I. 2002/808, S.I.2002/2469, section 34 of, and paragraphs 99 and 100 of Schedule 4 to, the Health and Social Care (Community Health and Standards) Act 2003 (c.43), sections 59 and 174 of, and paragraphs 84 and 86 of Schedule 4 to, the Serious Organised Crime and Police Act 2005 (c.15), section 2 of, and paragraphs 177 and 179 of Schedule 1 to, the National Health Service (Consequential Provisions) Act 2006 (c.43), section 52 of, and paragraph 31 of Schedule 14 and Part 1(B) of Schedule 15 to, the Police and Justice Act 2006 (c.48), S.I. 2007/961, S.I. 2007/1837 section 39 of, and paragraph 8 of Schedule 3 to, the Offender Management Act 2007 (c.21), S.I. 2010/1080,S.I. 2010/1158, S.I.2011/2581, section 99 of, and paragraph 219 of Schedule 16 to, the Police Reform and Social Responsibility Act 2011 (c.13 ), section 11 of, and paragraph 24 of Schedule 2 to the Education Act 2011 (c.21) and sections 55, 179, 249 and 277 of, and paragraphs 72 and 74 of Schedule 5, paragraphs 68 and 69 of Schedule 14, paragraph 6 of Schedule 17, paragraph 6 of Schedule 19 to, the Health and Social Care Act 2012 (c.7).
Section 51 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and by S.I. 2011/1133.
Section 54 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and by S.I. 2011/1133.
Section 55 was amended by S.I. 2002/53 and S.I. 2004/1771.
Sections 57ZA and 57ZB were inserted by S.I.2010/93.
Section 57 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and by S.I. 2011/1133.
Section 57ZC was inserted by S.I.2010/93.
Section 57A was inserted by section 8 of, and Part II of Schedule 4 to, the Employment Relations Act 1999 (c.26) and amended by section 261 of, and paragraph 151 of Schedule 27 to, the Civil Partnership Act 2004 (c.33).
Section 57B was inserted by section 8 of, and Part II of Schedule 4 to, the Employment Relations Act 1999 (c.26) amended by S.I.2011/133.
Section 58 was amended by section 18 of, and paragraph 19 of Schedule 2 to, the Welfare Reform and Pensions Act 1999 (c.30), section 320 of, and Part 1 of Schedule 13 to, the Pensions Act 2004 (c.35) and section 44 of, and paragraph 12 of Schedule 3 to, the Teaching and Higher Education Act 1998 (c.30).
Section 60 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
Section 61 was amended by S.I. 1999/1925 and S.I.2006/246.
Section 63 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and S.I. 2011/1133.
Section 63A was inserted by section 32 of the Teaching and Higher Education Act 1998 (c.30) and amended by section 39 of the Education and Skills Act 2008 (c.25) and by section 149 of, and paragraphs 1 and 50 of Schedule 9 to the Learning and Skills Act 2000 (c.21).
Section 63B was inserted by section 33 of the Teaching and Higher Education Act 1998 (c.30).
Section 63C was inserted by section 33 of the Teaching and Higher Education Act 1998 (c.30) and amended by S.I.2011/1133.
Section 64 was amended by S.I.1999/3232.
Section 68 was modified in its application by S.I.2003/1964 and S.I.2006/1073.
Section 68C was inserted by S.I.2010/93.
Section 70 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and S.I. 2011/1133. It has also been modified in its application by S.I.2003/1964 and S.I.2006/1073.
Section 70A was inserted by S.I.2010/93.
Sections 63D to 63H were inserted by section 40 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22).
Section 63I was inserted by section 40 of the Apprenticeships, Skills, Children and Learning Act 2009 (c.22) and amended by S.I.2011/1133.
Section 92 was substituted in part by S.I.2002/2034 and amended by section 9 of, and paragraphs 5 and 12 of Schedule 4 to, the Employment Relations Act 1999 (c.26), sections 53 and 57 of, and paragraph 28 of Schedule 1 and paragraphs 24 and 31 of Schedule 7 to, the Education Act 2002 (c.32) and S.I. 2012/989. It has also been modified in its application by S.I.2003/1964 and S.I. 2006/1073.
Section 93 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8). It has also been modified in its application by S.I.2003/1964 and S.I. 2006/1073.
Section 163 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8) and by section 7 of the Employment Act 2008 (c.24).
Section 177 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
Section 170 was amended by section 1(2) of the of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
Section 188 was amended by section 1(2) of the Employment Rights (Dispute Resolution) Act 1998 (c. 8).
1998 c.39; section 19C was inserted by section 46 of the Employment Relations Act 2004 (c.24) and substituted by section 9 of the Employment Act 2008 (c.24).
2006 c.3; section 21 was amended by section 211(1) of, and paragraphs 61 and 67 of Schedule 26 to the Equality Act 2010 (c.15) (as amended by S.I.2010/2279).