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Employment Law Terms

Lay members

Otherwise known as “wing members”, these are the representatives from each side of the employment relationship (e.g. CBI and Trade Unions) who sit on many ET hearings with the judge. Together they comprise the panel.

Leading question

A question that indicates the required answer. Contrast, “You came out of your office and shouted at Mrs Green” (a leading question) with “What did you do when you came out of your office?” (a non-leading question). Leading questions are the mainstay of advocates conducting cross-examination. “Leading” a witness using leading questions is not permitted […]

Liability, hearing on liability

The issue as to whether or not the worker wins his/her case, i.e. whether the employer is found “liable” for unfair dismissal, discrimination etc, as distinct from the issue of what compensation or remedies the worker should receive.

Mediation, judicial mediation

This is a form of alternative dispute resolution (ADR) which is increasingly being encouraged within the civil system as a less expensive means of resolving disputes than ETs or courts. In mediation the parties focus on what they want rather than the merits of the claim. The mediator is someone who impartially moves between the […]