Data protection law can be used by individuals to obtain copies of their personal information. From an employer this may include the employee’s personnel file. Organisations must comply with GDPR’s (General Data Protection Regulation) rigorous provisions. Basic information about this area of law is available at the Information Commissioner’s website at ico.org.uk
A formal binding statement about the legal rights of a party given as a remedy by a court or tribunal.
Where a person is treated unfavourably on a prohibited ground because of a protected characteristic.
The old term for case management discussions. As mentioned, “case management discussion” is now the old term for “preliminary hearing”. These terms now seem to be revised as often as the names of government departments.
A disability is defined in section 6(1) of the Equality Act 2010: “A person (‘P’) has a disability if (a) he has a physical or mental impairment, and (b) the impairment has a substantial and long-term adverse effect on P’s ability to carry out normal day-to-day activities.” The definition is wide and can include people […]
A procedure followed by the employer in dealing with disciplinary matters. Employers who do not have written disciplinary procedures are frequently penalised in ETs. We can produce a disciplinary procedure for your business. If you are an employee we can check that your employer is following their procedure.
The formal process of parties revealing relevant documents to each other. The term “discovery” is still sometimes used.
An old fashioned term for disclosure of documents.
Distinguishing an earlier case from the one being examined means showing that the two decisions are different in some material respect. If such a distinction can be made then the ET will not be expected to follow the earlier authority.