Employment Law Glossary
Advisory Conciliation and Arbitration Service
When something is accumulated.
When a decision has been made at formal proceedings, the employee will usually have the right to take the matter higher for the matter to be reconsidered.
Burden of Proof
This means that whoever is deemed to have the burden of proof is the person who must first prove their case. In the example of Constructive Dismissal cases and the burden of proof
If an employee is successful in a claim at Employment Tribunal then it is likely they will be entitled to an award which is usually termed compensation.
A Compromise Agreement is an Agreement entered into by the employee and employer which effectively signs away the employee’s right to any claim that they have or may have against the employer. In order for such an Agreement to be binding it must comply with certain conditions.
Appeal claims joined in together
This is a term used when an employer has committed a fundamental breach of the employee’s contract of employment and the employee subsequently resigns and claims that they had no alternative. Employees considering this course of action must ensure that they have carried out a full and proper Grievance Procedure. They must also ensure that they satisfy the eligibility criteria which is the same as those listed under unfair dismissal.
Court of appeal
This is a court which is higher than the County Court. A Court of Appeal’s decisions are binding on the lower County Court.
This means that they are deserving of blame
This is where an employee’s dignity is affected
Dignity at Work
This terminology usually arises when a party feels that they have been harassed which has an impact on their self esteem.
Directors service Agreements
These are bespoke contracts of employment for Directors of businesses.
An Employee may have a physical or mental impairment that affects their day to day activities which may be deemed a disability under the Disability Discrimination Act 1995
Disability Discrimination Act
This is specific statutory legislation and the most recent of which is the Disability Discrimination Act 1995
This is action taken by the employer when an employee needs to be disciplined. For full details see ‘Disciplinary Procedures’
Disciplinary Rules and procedures
Where an employer is contemplating dismissing an employee it is now a statutory requirement that they ensure the statutory disciplinary and dismissal procedure is carried out. Failure to do so is likely to result in the finding of an automatic unfair dismissal (irrespective of the strength of the employer’s underlying case) and an increase on the compensation from between 10 - 50%.
this may apply when a person is treated less favourably on the grounds of their sex, gender reassignment, marital status, race, disability, sexual orientation and religion or religious belief and from October 2006, Age.
This relates to European legislation but there should be no need to define this under employment law specifically because it covers all areas of law.
Employment Appeal Tribunal
An employment matter can be taken to an Employment Tribunal. However, upon receipt of the judgment, in some situations the losing party can appeal to a higher Tribunal, the Employment Appeal Tribunal, who has the power to either overturn or concur with the original decision.
This is an Agreement between the Employer and Employee. For a contract to exist, it does not have to be in written form. It can also be orally and/or through custom and practice.
All employees should be treated equally, for example, a female worker may be deemed to have been treated less equally if she receives less salary that her male colleague who carries out the exact same job on the exact same terms and conditions
Employment Protection Legislation
Employees and Employers are protected under numerous legislation and regulations
Ensuring all employees are treated equally
European Court of Justice
this is the European Court of Justice
Genuine Occupational Requirement
This means that when an employee is potentially discriminating against an employee they have a genuine reason why they are. For example, if it is essential that a job is held by a woman to preserve the decency or privacy because it is likely to involve physical contact with other women then it will be a genuine occupational requirement that the job requires a female without being deemed discriminatory.
An employee working in an organisation may have difficulties or concerns about their work, their working conditions or perhaps a relationship with a colleague. The Grievance Procedure is a formal way in which those grievances can be addressed. Since October 2004 it has become a statutory requirement for employees to undertake a grievance procedure before they pursue a claim to an Employment Tribunal. Failure to do so is likely to result in their claim being barred.
The act committed is so bad that the employee, if found guilty, will be dismissed
This occurs where on the grounds of sex, marital status, gender reassignment, race, disability, sexual orientation, religion or belief, an employer behaves in a way that has the purpose or effect of violating an individual’s dignity or creating an interrogating, hostile, degrading, humiliating environment for the individual.
This is where the employer or another employee is particularly unfriendly and/or aggressive.
Human Rights Legislation
As well as specific Employment Law, there is legislation that protects a person’s rights and both may sometimes overlap. For example, religious discrimination may also involve infringement of the Human Rights Act 1998.
This is where an employee’s dignity, self esteem or pride is affected as a result of the treatment by either the employer or another employee.
This means that something is not allowed. Dismissal of an inadmissible reason will be deemed unfair dismissal.
This is when there has been an occurrence of something
This is where the employee or employer suffers harm
This is where an employee is fearful of the employer or another employee.
Many Court cases are often reported on in order that they can then be referred to by others for use in future case. If they are reported they will be given a reference in order that they can easily be located. This is part of the case reference for those reported by ‘The Industrial Relations Law Reports’.
Job evaluation Study
this is not something that the Employment Department has specifically requested and does not need defining on the website.
L and C agreement
means the Information and Consultation Agreement.
This is when a party is required to do something that is particular burdensome
This is terminology used when something is so frequent, common or widespread.
this is where something is apportioned, for example, a part time worker is entitled to the same holidays (20 days) as a full time worker on a pro rata basis. If the part time worker only works three days a week they will be entitled to only 12 days holiday.
Regulations, like statutes, provide both protection and obligations on parties.
this means the Employment’s salary.
unwanted conduct of a sexual nature towards an employee
Statutory Maternity Pay
In certain situations women on maternity leave may be entitled to maternity pay from the government
Obligations that are imposed by statute i.e. Acts of Parliament.
This entails a board of officials appointed to hear cases and make a judgment in situations that cannot be resolved between the parties themselves.
The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) preserves employees' terms and conditions when a business or undertaking, or part of one, is transferred to a new employer.
This is a statutory claim which can be brought only by certain employees who satisfy eligibility criteria. This includes that they must be an employee with at least one year’s continuous employment and within a specific age limit which is either below the age of 65 or below what is deemed a normal retiring age by them.
Wrongful dismissal is the legal term used for a dismissal by the employer that was in breach of the employee’s contract of employment. For example, an employee with a one month notice period within their contract, who is dismissed without notice and who has not carried out any misconduct is likely to have a claim for wrongful dismissal. The remedy would be payment to the employee of their one month notice period.
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