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  • If an employer reduces or fails to pay wages without agreement in writing this amounts to an unlawful deduction from wages even if the employee owes money to the employer.

    The law does not of course remove an employer's right to recover money properly due to him from an employee (e.g. typically to recover an overpayment of expenses or wages). It does however, save in a few special cases, mean that the employer is not allowed to recover the money by taking the law into his own hands and deducting it from future wages without the consent of the employee.

  • Can be made if a defence is not submitted by the respondent within the prescribed time period. If a default judgement is issued, the court can hear the case and make a ruling without hearing your side of the story.

  • A reduction in rank, often accompanied with a lower pay status. Most people view a demotion as a punishment, as it implies that the individual was incapable of performing at a higher rank.

  • Case management orders issued by the employment tribunal, detailing set dates on which both parties must complete certain key tasks.

  • It is unlawful for an employer to discriminate against an employee on the grounds that they have a disability by either treating them less favourably than they otherwise would (e.g. by demoting or dismissing them) or by failing to make reasonable adjustments.

  • If an employer is concerned or unhappy about an employee’s work, they may look to take disciplinary action against them. Examples of why an employer may be concerned or unhappy include the standard of work or behaviour at work. They may also be concerned about the level of absence from work.

  • This is the process by which a person who wishes to bring a claim must first contact ACAS to give brief details. An ACAS officer will speak to both parties with a view to reaching a settlement. If this is not possible within a certain timeframe, a certificate is provided which then allows the person (Claimant) to issue the claim .

  • Abbreviation for Employment Appeal Tribunal. The EAT is the court where any appeals from the employment tribunal are heard.

  • The main forum in which employment disputes are heard. They consist of 3 members (a qualified judge and 2 lay members) and hear and decide cases, mostly in public although some are heard in private. Sometimes a judge will sit alone to decide preliminary issues.

  • Equal Pay Claims can be brought by both employees and self-employed people who have been contracted to execute work personally.

    If a person is considering making an equal pay claim they must have a real life comparator of the opposite sex who is earning more than them, but is doing:

    1. like work;
    2. work related as equivalent; or
    3. work of equal value.
  • Standard form on which the claimant must submit their claim.

  • Standard form on which the respondent must submit their response.

  • Sum of money paid where there is no obligation or liability to pay it.

  • A fixed-term contract is one which either:

    • lasts for a specified time, set in advance;
    • ends with the completion of a specified task;
    • ends when a specified event does or does not take place.

    Unless there are special circumstances that can be justified, fixed-term employees must be treated in the same way as comparable permanent employees.

  • Future loss of earnings are often included in a claimant’s schedule of loss if their claim includes dismissal.

    Although there is nothing preventing a claimant from claiming one year’s loss of earnings, tribunals often limit future losses to a maximum of six months future loss of earnings and in any event, the claimant must always show that they have made efforts to mitigate their losses by trying to find alternative employment.

  • Garden leave is the term given to a situation whereby an employee is required to serve out a period of notice at home.

    During this period the employee continues to receive all salary and benefits but is prohibited from commencing employment with new employers until the gardening leave period has expired.

  • Put simply, a grievance is a complaint.

    If an employee is having a problem at work, is concerned about an issue that has arisen at work, or wishes to make a complaint about a colleague or a manager, then they can raise a “grievance”.

    Employers should have formal grievance procedures in place to address the handling of such complaints.

  • Conduct so serious as to justify summary dismissal of an employee.

    Acts deemed to be classed as gross misconduct are often listed in an employer’s disciplinary procedure and can include theft, fighting, serious negligence, breaches of health and safety indecent behaviour, dishonesty and offensive behaviour.