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ACAS officers are sent the IT1 and IT3 by the tribunal. They will contact each party to try and encourage settlement.
Evidence that a court or tribunal is entitled to hear.
All England Law Reports
Working different hours to the norm for the post/organisation concerned. This term includes flexible start and finish times, part-time, job sharing, shift working, term time working, flexible working hours, reduced hours, career breaks
A method of job evaluation which involves analysing jobs into factors which are quantified according to a scale.
The formal term for a worker in Employment Tribunal proceedings
Article 119 of the Treaty of Rome. The Treaty of Rome established the European Community. See Article 141
Article 141 of the Treaty of Amsterdam (formerly A119 of the Treaty of Rome).
The balance of likelihood that a case will or will not succeed. To prove a case on the balance of probabilities, one must show a better than 50% chance of success.
A job which is selected as representative of a particular level or type of work and against which other jobs in a scheme can be assessed.
Where one party to a contract breaks one of the agreed terms of a contract.
The duty of proving one's case and the weight of evidence needed to do so.
Court of Appeal
Citizens Advice Bureau / Citizens Advice Bureaux
Codes of practice are written as guides to legislation. It is not unlawful to contravene a code of practice but the tribunal will take the provisions of any relevant code of practice into account when deciding a case.
Community Legal Service, replaced Legal Aid Board (also see LSC - Legal Services Commission)
Legal term used for the worker, particularly when using the questionnaire procedure under the SDA (or RRA or DDA) or considering filing a complaint at the employment tribunal
Settlement agreement which meets certain requirements including the need for the applicant to have received independent legal advice
ACAS officer appointed to ascertain each party's view of the case and promote the settlement of claims where possible
Central Office of Employment Tribunal
Constructive dismissal is a form of dismissal where the employee is entitled to treat him/herself as dismissed due to the employer's conduct. An employee must show that his employer has committed a serious breach of contract, which was the reason for him/her leaving the job and that he has not delayed resigning for too long (thereby accepting the breach of contract). A constructive dismissal is not necessarily unfair. The tribunal still have to decide whether the employer acted reasonably in all the circumstances, in the same way as for unfair dismissal.
Form sent out by an ACAS conciliation officer recording a settlement agreement reached through ACAS.
Commission for Racial Equality
Court of Session (Scotland)
The amount of money awarded by a court or tribunal to compensate the injured party.
Disability Discrimination Act, 1995
Discrimination Case Law Digest – see journals in Bibliography
Where European law can be relied on directly by an individual in national proceedings and can be used to take priority over conflicting national law if certain criteria are met.
Directions are orders and guidance given by the ET to the parties on the steps which need to be taken to prepare for the full hearing. These directions are often given at a directions hearing but standard directions may be sent out to the parties by letter. Alternatively one or both parties can apply to the tribunal to make an order e.g. for disclosure of specific documents.
The process by which each party informs the other party of all documents relevant to the case, allows the other party to inspect the originals if s/he so desires and supplies copies.
The national law of an individual country.
Disability Rights Commission
Department for Transport, Local Government and the Regions.
Employment Appeal Tribunal
European Court of Justice
A governmental body responsible for providing a public service.
Equal Opportunities Commission
Equal Opportunities Review ( see Bibliography)
Equal Pay Act
A term to describe the three statutory bodies covering equality legislation in England, Scotland and Wales. (Equal Opportunities Commission, Commission for Racial Equality, Disability Rights Commission)
Employment Rights Act 1996
Employment Tribunal.
Equal Treatment Directive
The evidence given at a hearing by a witness before s/he is cross-examined. The evidence in chief must contain the all the relevant evidence the witness intends to give. Increasingly the ET will order that the witness's own statement will stand as his/her evidence in chief and the witness will not be required to give it orally.
Where an IT1 has not been presented within the 3-month time limit under the SDA, the tribunal can - if it considers it just and equitable to do so - extend the time limit to treat the claim as filed within the time limit. The time limit for unfair dismissal claims under the ERA can also be extended but the test is different, namely whether it was reasonably practicable for the applicant to present the claim in time.
The Employment Tribunal is responsible for determining issues of fact. The ET will have to make a finding of fact as to what actually occurred where conflicting accounts are given in evidence to the tribunal.
Where the applicant requires further details of the defence which the respondent has set out in the IT3 (Notice of Appearance), a request for further and better particulars can be made by letter or by a formal document. If the IT1 does not give sufficient particulars of the applicant's claim the respondent may request, and the tribunal may order, further particulars to be given.
Where a particular practice affects groups of women (or men)
The medical process which enables transsexual people to alter their bodies to match their gender identity is known as gender reassignment.
An exemption under the Sex Discrimination Act that allows an employer to advertise job vacancies for one sex only in very specific circumstances.
Genuine Occupational Qualifications. See related glossary term
House of Lords
Health and Safety Executive
Industrial Cases Reports
Is a term of the contract of employment which is not written but has been implied into the contract by the Courts as being necessary to make the contract workable. The most widely applied implied term is that the employer must not, without reasonable and proper cause, conduct himself in a manner likely to destroy or seriously damage the relationship of trust and confidence with the worker.
Indirect discrimination occurs when an employer applies to a worker a provision, criterion or practice, which applies equally to both sexes, but the impact of the provision, criterion or practice adversely affects a considerably larger proportion of one sex than the other and cannot be justified by the employer. E.g:
Physical barriers such as a minimum height or lifting capability
Inflexible working hours - it is normally accepted by Employment Tribunals that child care obligations fall primarily on women.
The need to have certain experience or qualifications in order to gain promotion or access to employment.
Requirements to be a certain age, work full time or to hold a permanent rather than a temporary job
Now known as Employment Tribunal
The IT1 is the standard form, also known as the originating application, on which the applicant sets out the grounds of her claim to the ET. The IT3, also known as the Notice of Appearance, is the employer's response to the IT1.
Industrial Relations Law Reports
The ET only has power to adjudicate on claims which are within its jurisdiction. Where a claim appears to fall outside the ET's jurisdiction, the ET will often decide this issue before proceeding to hear the full claim. Jurisdictional issues include time limits, territorial boundaries and any qualifying period the worker requires before brining a claim. If a claim falls outside the jurisdiction of the ET, it cannot hear or adjudicate on the claim.
The ET will usually have 2 lay ( or wing members) for a full hearing. One is usually from the employer's side of industry ( such as the CBI) and the other from the worker's side ( such as a union official).
This is the question of whether the employer is found responsible for (liable for) the discrimination, unfair dismissal or other claim, i.e. whether or not the worker has won his case. The tribunal decides on liability before considering what, if any compensation (or remedies) the worker should be given. Sometimes the question of liability is heard at a separate hearing prior to that on compensation or remedies.
The period of time within which an applicant must file a claim.
Legal Services Commission
This has the same meaning as liability ( see above.)
A worker claiming compensation for loss of earnings arising from unfair dismissal or discrimination is under a duty to take reasonable steps to reduce his/her loss of earnings by finding alternative employment. Compensation for loss of earnings is likely to be reduced where a worker fails without good cause to mitigate his/her loss.
National Association of Citizens' Advice Bureaux
Northern Ireland Court of Appeal
The employer's response or defence to the IT1, usually written on the IT3 form.
Occasionally, in the context of deciding a case, a judge in a higher court will comment on the law and its interpretation although the decision in the case s/he is deciding does not depend on that aspect of the law being determined. Such comments are said to be obiter and, whilst of persuasive authority, do not set a binding precedent.
An employer cannot defend a claim of direct discrimination on the basis that the discrimination was justified. In indirect discrimination claims, however, the applicant will not succeed if the employer can objectively justify the application of the provision, criterion or practice in question. The main test for objective justification is contained in Bilka-Kaufhaus Gab v Weber von Hartz [1986] IRLR 317.
Where a party takes a procedural step in the IT having informed the other party, as opposed to ex parte.
The worker's document which starts the IT proceedings, usually written on an IT1.
The parties to a tribunal claim are the applicant and the respondent
This is injury to health whether physical or mental which has been caused or aggravated by an unlawful act such as discrimination. It is now recognised that in discrimination claims, compensation for a significant personal injury may be awarded separately, and in addition to, compensation for injury for feelings.
Pre hearing review – see below
Abbreviation for personal injury. See above.
Pleadings are the documents which set out each party's case, i.e., the IT1, IT3 and any further and better particulars. To plead something is to put it into any of these documents.
Action, short of recruitment, to encourage the under-represented sex into non-traditional work/training, and to help eliminate sex-stereotyping e.g. single-sex courses for men or women to address under-representation in a particular sector or industry
A hearing before the IT without any verbal or written evidence, where the IT decides, on the basis of the pleadings and what the parties' representatives say, whether the claim or defence (as the case may be) has reasonable prospects of success. If not, the tribunal may order a deposit of up to £500 as a condition of proceeding further.
The courts decide cases by applying and interpreting the law to given facts. There is a hierarchy of courts and tribunals for employment law purposes, i.e., House of Lords, Court of Appeal, High Court, EAT, IT. Each level of court/tribunal is compelled to follow legal principles and interpretations set by higher level courts unless a case can be 'distinguished' on its facts. Where no higher level decision exists, the courts (except the IT) follow the interpretation of other courts of the same level. Precedent may also be referred to as 'authority'.
A full hearing with evidence before the IT on a preliminary issue which can be separated from the main claim. It is usually on a matter of jurisdiction, e.g., whether a worker has sufficient continuous service to claim unfair dismissal.
On the face of matters. A party to proceedings is said to have a prima facie case where the evidence in favour of that case is sufficiently strong for the opponent to be called on to rebut it.
A proof is a statement taken by an adviser from his/her own client or witness purely for his/her private purposes in the preparation of a case. If a barrister is used at the hearing, the proof is given to the barrister as a way of letting him/her know what the witness will say. It is not seen by the other side. (This should not be confused with a witness statement.)
Part-Time Workers Regulations
This refers to the period of continuous service with an employer which a worker is required to have in order to pursue various employment rights in the employment tribunal. In sex discrimination cases there is no qualifying period, but there is a qualifying period of one year in unfair dismissal cases except where certain reasons for the dismissal apply.
A special procedure available under the RRA, SDA and DDA.
Financial compensation.
Remedies are the compensation in money and other forms that a worker receives if s/he wins. Remedies are sometimes dealt with at a later hearing than the hearing on liability ( referred to as the remedies hearing).
A fundamental breach of contract entitling the other party to the contract to bring the contract to an end.
This is the legal term for the employer and any other body or individual who the applicant is claiming against in employment tribunal proceedings.
An order made by the ET or EAT preventing the publication or broadcasting anywhere in GB of anything identifying a person affected by an allegation of sexual misconduct or the person making it.
Regional Office of the Employment Tribunals
Race Relations Act 1976
Restricted reporting order. See above.
Request for Written Answers. See the Employment Tribunals (Constitution and Rules of Procedure) Regulations 2001 Schedule 1 Rule 4(3).This procedure can be used if the applicant has not received any answers to the SD74s or has received inadequate answers.
Sex Discrimination Act 1975
The standard form on which a questionnaire under the SDA is usually written.
A questionnaire procedure which an aggrieved person may use to identify an employer's proposed defence. See section 74 of the Sex Discrimination Act.
Section 75 of the Sex Discrimination Act. Under this section an individual who is an actual or prospective complainant or claimant may apply to the EOC for assistance.
Delivering/sending documents to the other party.
A written outline of a representative's final speech at the IT hearing, which s/he will hand to the IT panel and expand verbally.
Statutory instrument
Statutory Maternity Pay
Acting on assumptions that some roles are more suitable for men or women or that some attributes/deficiencies apply to one sex more than the other.
At a tribunal hearing the chair may invite a representative to make submissions on a particular point. This usually means the representative is required to make comments or arguments on law or evidence.
This occurs when a worker's conduct is sufficiently grave as to justify immediate termination of the employment contract without notice. The worker is not entitled to either notice or pay in lieu of notice when summarily dismissed.
Claims of discrimination have to be made within set time limits. These time limits refer to the deadline for receipt of the claim form at the relevant tribunal or court. Time limits are as follows:
Claims of sex discrimination in employment must be started within 3 months of the act complained of (i.e. three months less one day)
Claims of sex discrimination in the provision of goods, facilities and services (apart from education), must be started within 6 months of the act complained of (i.e. 6 months less one day)
Claims of sex discrimination in education must be started within 8 months of the act complained of (i.e. 8 months less one day)
Claims brought under the Equal Pay Act must be started within 6 months of the date of termination of employment. There is no time limit if the person making the claim is still employed by the same employer, but there may be difficulties with evidence if he or she has changed jobs and delays making a claim.
Trades Union Congress
Transsexuals are protected by the SDA if they intend to undergo, are undergoing or have undergone gender reassignment.
United Kingdom - The United Kingdom comprises of Great Britain (England, Scotland and Wales) and Northern Ireland. The Isle of Man and the Channel Islands are Crown dependencies with their own legislative systems, and therefore not a part of the UK.
Where an employer is responsible for the unlawful acts of his/her employees which they committed in the course of their employment regardless of whether the employer knew or approved of those acts.
Otherwise known as lay members, these are the representatives from each side of industry who sit on most ET hearings.
An ET can issue a witness order to compel an unwilling witness to attend the hearing.
A statement taken from each witness including the applicant, which it is intended to disclose to the other side in advance of the hearing or at the hearing itself. With the employment tribunal's permission, the witness statement may replace most or all of the witness's evidence-in-chief. Note that the witness must still attend the hearing unless the other side agrees that s/he need not do so.
Either party can ask the other written questions which will hopefully clarify issues. If the party refuses to answer, the tribunal can make an order. See Rule 4(3) above.
An employee is entitled to be provided with a written statement giving particulars of the reasons for his dismissal (ERA 1996, section 92 (1)). In most cases the employee must have been employed for one year to qualify for this right. Employees who are pregnant or on maternity leave are entitled to reasons for dismissal irrespective of length of service and without having to make any request ( ERA s92(4)).
**This information is provided free
courtesy the Equal Opportunities Commission.