Misconceived
Having no foundation or no reasonable prospect of success.
Employment Law Terms
Mitigation
Mitigation refers to reasonable steps taken by a claimant to reduce their loss.
Notified day of return
The date on which an employee tells the employer that she or he will return to work after taking maternity, adoption or paternity leave.
Occupational pension
A pension scheme provided by the employer (as opposed to the state pension or any private pension). Sometimes the employee does not have to contribute to their occupational pension.
Open
The opposite of without prejudice. In relation to correspondence or a meeting it means that the details may be disclosed openly which would not be the case if they were without prejudice.
Ordinary maternity leave (OML)
The initial 26 weeks of maternity leave to which all employees are entitled.
Organogram
A chart showing an organisation’s structure and departments and who is responsible to whom.
Parties
The claimant and the defendant are collectively known as the parties to the case. Individually, each is a party.
Penalty clause
A contractual clause that imposes a disproportionate monetary penalty on one party for breach of contract in order to obtain strict compliance by coercion. In contract law generally penalty clauses are void and unenforceable.
Perception discrimination
Direct discrimination includes discrimination because of perception. For example, if a heterosexual man is refused the opportunity for promotion because he is wrongly perceived to be gay he may have a claim based on perception discrimination. Perception discrimination does not apply to pregnancy and maternity or marriage and civil partnership.