Renamed “settlement agreement” on 29 July 2013, this is a written agreement by which an employee gives up his or her entitlement to bring an employment claim or claims. The employer who is the other party generally agrees to make some form of financial payment, often provides an agreed form of reference, and may provide […]
Normally refers to the role of an ACAS (Advisory, Conciliation and Arbitration Service) officer in liaising between the parties or their representatives off the record, usually on the telephone, to help encourage a settlement. Conciliation officers cannot provide legal advice. There is no substitute for the advice of a good solicitor. ACAS officers are not […]
Where an employee resigns because of the employer’s fundamental or repudiatory breach of the employment contract they are said to have been constructively dismissed. It is treated as a form of unfair dismissal like actual dismissal. It’s a form of unfair dismissal because in situations where someone was not sacked but instead, for example, was bullied […]
The period of time that an employee has worked for the same employer ignoring breaks for maternity, sickness, holidays and some other temporary interruptions.
This is often used to refer to workers employed on fixed-term contracts who may or may not have unfair dismissal rights, according to whether they meet the eligibility criteria.
Blameworthy conduct by an employee who has contributed to his or her dismissal. This is relied on by the employer as a reason for reducing compensation.
The standard form on which ACAS conciliation officers record a negotiated agreement.
This is the questioning of a witness to undermine the case of the person who called the witness or to discredit the witness’s evidence. Advocates typically use leading questions designed to limit what the witness will say. The golden rule of cross examination is not to ask questions to which you do not already know […]