Articles

Employment Law Terms

Case management and Case Management Discussions (CMDs)

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 […]

Cast List

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 […]

Chairman

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.

Chronology

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 […]

Civil Courts

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 […]

Claim

This has two meanings: a) the subject matter of the case (such as unfair dismissal or discrimination etc.); b) the worker’s document which starts the ET proceedings (originating application) known as an “ET1”.

Comparator

Discrimination is the concept that someone has been treated “less favourably” than others as a result of a particular characteristic that they possess. With minor exceptions, treating someone less favourably is unlawful where that characteristic is, for example, age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, sex, sexual orientation or religion […]

Complainant

Another legal term for the worker, used in the questionnaire procedure under the anti-discrimination legislation. Sometimes it is used to refer to the Claimant in a discrimination case.