TUPE
This abbreviation is commonly refers to the Transfer of Undertakings (Protection of Employment) Regulations 2006 which deal with what happens when a business entity (and possibly some employees) is transferred.
Employment Law Terms
Unauthorised deduction from wages
Where money is taken out of an employee’s wages without their permission and without their employment contract providing for it.
Unless order
An order given by the ET or court requiring something specific to be done by a certain date, such as disclosing certain documents. The order is referred to as “unless” because unless it is complied with the claim or response will be struck out. It is an order with a threat against non-compliance.
Verbal warning
As part of a disciplinary procedure this is generally a first warning. It may be followed by a further written warning if the employee’s performance does not improve.
Vicarious liability
This is where an employer is responsible for the unlawful acts of his/her employees as if she/he carried them out him/herself, regardless of whether she/he knew or approved of those acts. In the employment field, it is mainly relevant to discrimination law.
Victimisation
This is a form of prohibited discrimination under the Equality Act 2010 where an employer retaliates against a person because that person did or may do a protected act. See “Protected Act”. For example, dismissing someone because they had previously complained of racial discrimination would be an act of victimisation.
Void
A legal term meaning that a term in a contract is not valid. An example would be a contract stating that the employee would be paid less than the national minimum wage.
Whistleblowing
Making a disclosure of certain information (not all information) for which the employee is protected. Key whistleblowing provisions are contained in the Public Interest Disclosure Act 1998. In some circumstances dismissal for whistleblowing will be unfair. Compensation is also awarded where the whistleblower has been subjected to a detriment short of dismissal.
Wing members
See “Lay members”.
Without prejudice
Negotiations between the parties for the purpose of settling a case are off-the-record from the viewpoint of the court. To ensure this is so, it is traditional to introduce the conversation by saying the words “can we speak without prejudice?” Letters regarding settlement should also be headed “‘without prejudice”. However, genuine attempts at settlement are […]