Appendix A

The following is a list of statutory claims that be settled by way of a compromise agreement:-

  • Claims for equal pay, under section 2 of the Equal Pay Act 1970 (see section 77(4)(aa), Sex Discrimination Act 1975).
  • Claims for direct or indirect discrimination, victimisation or harassment on the grounds of sex or the individual's marital or civil partnership status, under section 63 of the Sex Discrimination Act 1975 (see section 77(4)(aa), Sex Discrimination Act 1975).
  • Claims for direct or indirect discrimination, victimisation or harassment on the grounds of colour, race, nationality or ethnic or national origin, under section 54 of the Race Relations Act 1976 (see section 72(4)(aa) Race Relations Act 1976).
  • Claims in relation to obligations under TULRCA that are specified in section 18(1)(b) of the Employment Tribunals Act 1996 (see section 288(2A) of the Trade Union and Labour Relations (Consolidation) 1992) but not claims in relation to the actual duty to consult appropriate representatives (see section 288(2C), TULRCA).
  • Claims for direct or indirect discrimination, victimisation or harassment on the grounds of disability, under section 17A of the Disability Discrimination Act 1995 (see section 18(1)(c), Employment Tribunals Act 1996).
  • Claims under the Employment Rights Act 1996 (ERA 1996) that are specified in section 18(1)(d) of Employment Tribunals Act 1996 (see section 203, ERA 1996). These includes claims for unfair dismissal, a statutory redundancy payment, unauthorised deductions from wages, claims for unlawful detriment (for example as a result of whistle-blowing) and in relation to maternity, paternity, adoption and parental leave and flexible working.
  • Claims in relation to working time or holiday pay, under regulation 30 of the Working Time Regulations 1998 (see regulation 35(2)(b), Working Time Regulations 1998).
  • Claims in relation to the national minimum wage, under sections 11, 18, 20 and 24 of the National Minimum Wage Act 1998 that are specified in section 18(1)(dd) of the Employment Tribunals Act 1996 (see section 49(3)(a), National Minimum Wage Act 1998).
  • Claims under regulations 27 and 32 for failure to comply with obligations under the Transnational Information and Consultation of Employees Regulations 1999 (see regulation 41(3), Transnational Information and Consultation of Employees Regulations 1999).
  • Claims for less favourable treatment on the grounds of part-time status, under regulation 8 of the Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000 (see regulation 9, Part-Time Workers (Prevention of Less Favourable Treatment) Regulations 2000).
  • Claims for less favourable treatment on the grounds of fixed-term status, under regulation 7 of the Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2000 (see regulation 10, Fixed-Term Employees (Prevention of Less Favourable Treatment) Regulations 2000).
  • Claims for direct or indirect discrimination, victimisation or harassment on the grounds of sexual orientation, under regulation 28 of the Employment Equality (Sexual Orientation) Regulations 2003 (see schedule 4, Employment Equality (Sexual Orientation) Regulations 2003).
  • Claims for direct or indirect discrimination, victimisation or harassment on the grounds of religion or belief, under regulation 28 of the Employment Equality (Religion or Belief) Regulations 2003 (see schedule 4, Employment Equality (Religion or Belief) Regulations 2003).
  • Claims for failure to comply with obligations under the Information and Consultation of Employees Regulations 2004 (see regulation 40, Information and Consultation of Employees Regulations 2004) which applies in relation to employers with 150 or more employees in the UK from 6 April 2005, to employers with 100 or more employees in the UK from 6 April 2007 and to employers with 50 or more employees in the UK from 6 April 2008.
  • Claims for a detriment relating to occupational and personal pension schemes under regulation 17 and paragraph 8 of the Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006 (see paragraph 12, schedule, Occupational and Personal Pension Schemes (Consultation by Employers and Miscellaneous Amendment) Regulations 2006).
  • Claims for direct or indirect discrimination, victimisation or harassment on the grounds of age, under regulation 36 of the Employment Equality (Age) Regulations 2006 (see schedule 5, The Employment Equality (Age) Regulations 2006).
  • Claims in relation to the right to be accompanied under section 12 of the Employment Relations Act 1999 and section 48 of the Employment Rights Act 1996.
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