Where a person suffers less favourable treatment because of a protected characteristic that they do not have, but which someone they are associated with has. For example, someone may be discriminated against because they care for a disabled person when they themselves are not disabled.
Case law that has decided a particular legal principle. Legal principles are developed by cases which raise issues on new points of law not previously decided. Case law (the “common law”) is a feature of English law and other legal systems based on English law.
In the employment context, breaking or not complying with one of the agreed terms of a contract of employment. A fundamental or repudiatory breach of contract is an extremely serious breach going to the heart of the employment relationship. If done by the worker, it may entitle the employer to dismiss without notice. If done […]
The collated documents which both parties to an employment tribunal case have agreed which is used as part of the evidence to try key issues. The bundle is generally presented in lever arch files and paginated (page numbered) with an index.
This refers to which party who has the responsibility (or burden) of proving matters that form the claim. The party with the burden of proof cannot simply make an allegation and expect the other party to do all the work disproving the allegation.
Case management is about the preparation of cases for hearings which involves each party disclosing documents, arranging the exchange of witness statements etc. A case management discussion or CMD (recently re-named “preliminary hearing”) deals with these matters. They are the ET equivalent of CMC or case management conference in the Civil Courts. Typically, a preliminary […]
A list of individuals involved in the events on which the claim is based. These are of enormous help to judges and others in understanding the facts of the case quickly. They are also helpful to solicitors and we would encourage you to jot down the names of those involved in your complaint next to […]
This is the old sexist term for a lawyer (solicitor or barrister) of at least seven years’ experience who acted as judge in an ET. As part of a national recruitment drive to attract more lawyers to fill vacancies, these chair people were given the title “employment judge”. Some are very fair and extremely knowledgeable.
A list of key events with dates in date order. To understand a case a solicitor will prepare a chronology which will include key dates such as when the employment contract started; when disputes arose; dates of investigatory, disciplinary, grievance, and appeal meetings; and when the employee was discriminated against or dismissed. Other key dates […]
These include the County Court, High Court, Court of Appeal and Supreme Court when they are dealing with civil rather than criminal claims. Employment tribunals (ETs) deal with the civil law. Occasionally, employment matters are dealt with in the civil courts rather than the ET. Information about courts and tribunals is available from the HM […]