Articles

Employment Law Terms

Review

The procedure whereby a party could require an ET to review its decision (often as a precursor to appealing to the EAT) was replaced in 2013 by a process called “Reconsideration”.

Schedule of loss

During the preparation of a case, the claimant is often ordered to prepare a schedule breaking down the value of the claim to show what is being claimed.  Drafting schedules of loss, which are also known as schedules of remedies and loss, well requires legal knowledge of the sorts of compensation available. There is a […]

Settlement Agreement

Formerly known as a “compromise agreement”, this is a written agreement by which an employee gives up his or her entitlement to bring an employment claim or claims. The employer who is the other party generally agrees to make some form of financial payment, often provides an agreed form of reference, and may provide other […]

Skeleton argument or skeleton

A written outline summary of the key arguments to be used in court supported by references to statutes and case law. Advocates are expected to provide these for any appeals. They can also be used to assist courts as a form of written submission and for highlighting the central arguments.

Standard of proof

The court may never know the truth, but they have to decide what to believe based on the evidence before them. Most people have heard of the standard of proof or threshold that has to be achieved in criminal trials – “beyond reasonable doubt” (or almost entirely certain) which is a high standard. In civil […]