Articles

Employment Law Terms

Distinguish

Distinguishing an earlier case from the one being examined means showing that the two decisions are different in some material respect. If such a distinction can be made then the ET will not be expected to follow the earlier authority.

EAT (Employment Appeal Tribunal)

The Employment Appeal Tribunal is the first level of appeal from an ET decision. For web information go to www.justice.gov.uk/tribunals/employment-appeals  This is followed by the Court of Appeal and the Supreme Court. The EAT deals with questions of law and does not make determinations of fact which is the task of ETs. For this reason […]

Employee

Different categories of worker are eligible to claim different employment rights. The definition of “employee” varies from statute to statute. Certain rights can only be claimed by employees. Other rights, such as not to be unlawfully discriminated against, apply to broader categories.

Employment Tribunals Rules of Procedure

These are the procedural rules referred to and followed by ETs. Parties fail to follow these at their peril.  A new version came into force in July 2013. The Employment Tribunals Rules of Procedure can be found in Schedule 1 of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.

Equality and Human Rights Commission

Parliament gave the Commission the mandate to challenge discrimination, and to protect and promote human rights. Useful information is available at http://www.equalityhumanrights.com The website says: ‘We live in a country with a long history of upholding people’s rights, valuing diversity and challenging intolerance. The EHRC seeks to maintain and strengthen this heritage…’ The site has […]

ERA

A common abbreviation for the Employment Rights Act 1996 which is one of the most important sources of employment legislation.

ET

This stands for Employment Tribunal, formerly known as Industrial Tribunal (IT). Most employment cases are heard in ETs although some are heard in the civil courts.