Glossary | Winston Solicitors Skip to main content
  • Term that is often linked to discrimination claims.

    Harassment can be claimed if it can be shown that certain actions violate the person’s dignity, or create an intimidating, hostile, degrading, humiliating or offensive environment for them.

  • An area concerned with protecting the safety, health and welfare of people engaged in work or employment. The goal of all occupational health and safety programmes is to foster a safe work environment.

    In the UK employees are given protection under the Health and Safety at Work Act 1974.

  • Employment tribunal hearings are less formal than a court hearing, however, the decisions made there are legally binding and must be followed.

  • Most workers have the right to take a minimum amount of paid holiday. This is called statutory holiday.

    The rules about statutory holiday apply regardless of how long an employee has worked and regardless of their age.

    All employees’ are entitled to take 5.6 weeks’ pro rate paid holiday a year.

    A contract of employment may give additional rights to paid holiday, called contractual holiday, but it cannot give less.

  • Human Resources (HR) is often the name of the function within an organisation charged with the overall responsibility for implementing strategies and policies relating to the management of individuals.

  • Indirect discrimination is where an employer has applied a provision or practice which disadvantages an employee and which would tend to disadvantage others of the same race, sex, age, etc.

    It is not unlawful if an employer can justify the provision or practice by showing that it is a proportionate means of achieving a legitimate aim.

  • Compensation for injury to feelings can be awarded by the tribunal in discrimination claims.

    In general terms, the employment tribunal will consider the hurt and distress caused to the employee and make an appropriate award. There is currently no cap on the amount that a tribunal can award for injury to feelings.

  • Employers should carry out a reasonable investigation, adhering to the Acas code, if they are considering taking disciplinary action against an employee.

    Any investigatory meeting should not result in disciplinary action without a disciplinary hearing having taken place.

    If paid suspension is necessary during the investigation, this should be as brief as possible and kept under review. The employer should make clear that this is not in itself a form of disciplinary action.

  • The final decision made by the Employment Judge following the consideration of all evidence in the case.

  • The practical authority to deal with and make pronouncements on legal matters.

    The employment tribunal usually has “exclusive jurisdiction” in the sense that the ordinary courts will not have jurisdiction over the same matters.

    As a general rule employment tribunals have jurisdiction to deal with cases only if at least one respondent, normally the employer, resides or carries on business in England, Wales or Scotland or if the proceedings relate to employment performed in Britain.

  • A tribunal has a discretion to allow certain tasks, for example, to extend a time limit if they are convinced that it is “just and equitable” to do so.

  • The temporary suspension or permanent termination of employment of an employee.

  • Occurs when an employee or worker does not receive conditions or benefits granted to others. Examples of less favourable treatment would include not being given a bonus or receiving fewer paid holidays than comparable employees.

  • The specific time-limit in which you must issue proceedings in your claim.

  • When a hearing date has been fixed for a case.

  • The risk that all parties face in the possibility of losing their case.

  • Employees who are expectant mothers have the statutory right to a minimum amount of maternity leave. Employers may also offer their own maternity leave scheme in addition to this.

    Statutory Maternity Leave is for 52 weeks. Employees may also be entitled to receive Statutory Maternity Pay for up to 39 weeks of the leave.

  • A formal method of trying to resolve a dispute or negotiate a settlement.