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Employment law glossary items

  • 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.

  • In certain cases, such as disability discrimination claims, medical evidence may be required. This can be in the form of simply providing medical records, obtaining a medical report or calling an expert witness.

  • Term often used when referring to wrongful, improper or unlawful actions taken by an employee. An employee can be dismissed on the grounds of misconduct if they have received previous warnings for misconduct. Dismissals on the grounds of misconduct would have to be with notice pay.

  • Efforts by the claimant to find a new job and reduce their loss of earnings.

  • The engagement in discussions between parties in an attempt to resolve disputes that have arisen.

  • Given by whichever party is bringing the employment relationship to an end. Notice periods can be either statutory or contractual. An employer must give at least the statutory minimum period of notice, which is calculated from the length of employment.

  • When an advisor is assisting you behind the scenes, but will not communicate with the other party and/or represent you at a hearing.

  • Your advisor is officially representing you. They are likely to write and receive letters on your behalf and represent you at any hearings (unless they have specifically stated otherwise).

  • Notices given by the employment tribunal instructing one or both parties to do certain tasks, or advise of key dates in relation to the case.

  • PILON stands for Pay In Lieu of Notice. Instead of placing an employee on gardening leave or making them work their notice, an employer can end the contract of employment earlier by making a payment to the employee that is equivalent to the amount they would have received had they worked their notice.

  • Word often used by lawyers, referring to the details of a claim or defence.

  • The formal documents that set out each side’s case. For example, your claim form (ET1) and the other party’s response (ET3) and any additional information or further particulars.

  • In effect, mini hearings held at the employment tribunal.

    They are as formal as a final hearing and all necessary documents and witness statements must be disclosed before the hearing takes place. It is also important that all witnesses are in attendance.

    Often held to:

    • decide the preliminary issues in a case;
    • decide whether the claim or response should be struck out;
    • decide questions of entitlement to bring or defend a claim or decide if either party’s case has no reasonable prospect of success.
  • The amount of compensation that the tribunal will award the claimant if they win their case.

  • Written form requesting the employer for information in a discrimination case.

  • Redundancy is a form of dismissal, caused by an employer needing to reduce their workforce.

  • Compensation or any other award that the tribunal can make.

  • Separate tribunal hearing to consider how much compensation the tribunal should award.

  • A claimant’s opportunity to detail what they want to claim by way of monetary compensation in their tribunal claim.