Source: XpertHR quick reference Date: 06-04-2012 Publisher: XpertHR

Qualifying periods for statutory rights

TOPICS:
contracts of employment continuity of employment


To qualify for certain statutory rights a person must have been continuously employed for a specified period. The statutory rights and the minimum period of continuous employment are set out below. 

Statutory right Minimum period of continuous employment
Guarantee payment in respect of a workless day
One month ending with the day immediately preceding the workless day
Right to take time off to look for work or arrange retraining if under notice of dismissal on grounds of redundancy
Two years
Conditional right to remuneration (for up to 26 weeks) if suspended from work on medical grounds
One month ending with the day immediately preceding the day on which the suspension begins
Right to be paid statutory maternity pay
26 weeks by the end of the 15th week before the expected week of childbirth (and average weekly earnings of not less than the lower earnings limit)
Right to one or two consecutive weeks' ordinary paternity leave and, for employees whose child is due on or after 3 April 2011, or who have been matched with a child for adoption and are notified of match on or after 3 April 2011, or, if a child is adopted from overseas, the child enters Great Britain on or after 3 April 2011, up to 26 weeks' additional paternity leave
26 weeks (a) by the end of the 15th week before the expected week of birth; (b) by the end of the week in which the adopter was formally notified of having been matched with a child for adoption; or (c) in the case of a child adopted from overseas by the end of the week in which the adopter received an official notification from the relevant domestic authority or, if the employee has since changed job, beginning with the week in which he or she started work with the new employer
Right to be paid ordinary statutory paternity pay and, for employees whose child is due on or after 3 April 2011, or who have been matched with a child for adoption and are notified of match on or after 3 April 2011, or, if a child is adopted from overseas, the child enters Great Britain on or after 3 April 2011, up to 19 weeks and one day additional statutory paternity pay
26 weeks (a) by the end of the 15th week before the expected week of birth; (b) by the end of the week in which the adopter was formally notified of having been matched with a child for adoption; or (c) in the case of a child adopted from overseas by the end of the week in which the adopter received an official notification from the relevant domestic authority or, if the employee has since changed job, beginning with the week in which he or she started work with the new employer (and average weekly earnings of not less than the lower earnings limit)
Right to take up to 26 weeks' ordinary adoption leave followed immediately by up to 26 weeks' additional adoption leave
26 weeks ending with the week in which the adopter was formally notified of having been matched with the child; or in the case of a child adopted from overseas ending with the week in which the adopter received an official notification from the relevant domestic authority or, if he or she has since changed job, beginning with the week in which he or she started work with the new employer
Right to be paid statutory adoption pay
26 weeks ending with the week in which the adopter was formally notified of having been matched with the child; or in the case of a child adopted from overseas ending with the week in which the adopter received an official notification from the relevant domestic authority or, if he or she has since changed job, beginning with the week in which he or she started work with the new employer (and average earnings of not less than the lower earnings limit)
Right to parental leave in respect of children under the age of five, disabled children under the age of 18 and adopted children in the first five years after adoption or until their 18th birthday, whichever occurs sooner
One year
Right to request flexible working in respect of a child under the age of 17, a disabled child under the age of 18, or an adult for whom the individual has caring responsibilities
26 weeks at the time the application is made
Right to make a request in relation to study or training (for employees in organisations with 250 or more employees)
26 weeks at the time the application is made
Right to minimum notice to terminate contract of employment
One month
Right to be issued with a written statement of reasons for dismissal (except where employee concerned is dismissed while pregnant or on maternity or adoption leave)
One year at the effective date of termination of the employee's contract of employment if the employee commenced employment before 6 April 2012, or two years if the employee commenced employment on or after 6 April 2012
Right not to be unfairly dismissed
One year at the effective date of termination of the employee's contract of employment if the employee commenced employment before 6 April 2012, or two years if the employee commenced employment on or after 6 April 2012
Right to a statutory redundancy payment
Two years at the effective date of termination

Related quick reference items

Statutory rights with no qualifying periods

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