The ET1 (formerly IT1) is the standard form on which the Claimant’s tribunal claim is written. It is also known as the “originating application”. The current format of the ET1 which was introduced in 2013 is user unfriendly and has met much criticism from legal practitioners.
The ET3 (formerly IT3) is the standard form on which the employer’s (the Respondent’s) response or defence to the Claimant’s ET1 is written.
The oral or written evidence usually given by a party in the form of a typed witness statement not including the questions that they are asked by the other party or their representative in cross-examination. Solicitors generally draft witness statements for clients based on detailed discussion of the facts of the case and what was […]
Asking questions of your own witness.
Terms that are written in a contract of employment. For example, the salary is generally an express term.
Reasons or judgments are said to be given “extempore” if they are given straight away at the end of a hearing. Understandably, the parties are keen to know the outcome as soon as possible so they generally prefer an extempore decision. This is entirely in the hands of the judge.
If something is a question of fact for the ET it means that the issue is decided on the facts of the particular case as opposed to on the law alone. A fact finding is the ET’s decision on where the truth lies between two conflicting pieces of evidence.
The closing speech or written submissions in a hearing. Both the claimant and defendant or their representatives are expected to make a closing speech summarising the main factual points arising from the evidence and to provide legal argument. Sometimes final or closing submissions are given in writing instead of or in addition to the closing […]
A final stage in a disciplinary procedure at work after which the employee can be dismissed. However, this very much depends on the circumstances of the case. Both employer and employee should obtain legal advice – ideally before dismissal occurs.
A broad concept that allows employees to adapt their working hours, times and even their place of work to suit their lifestyles and caring responsibilities. People with childcare or caring responsibilities who meet the eligibility criteria have the legal right to have their request for flexible working considered by their employers.