Parties
The claimant and the defendant are collectively known as the parties to the case. Individually, each is a party.
Employment Law Terms
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.
Pleadings, to plead
Pleadings are the documents that set out each party’s case (statements of case) and any additional information. To plead something is to put it into any of these documents.
Pre-hearing review
This was a form of meeting to determine a substantive point before the main hearing. Pre-hearing reviews were formerly used to strike out the whole or part of a claim or response or to require the payment by a party of a deposit if their case appeared weak. Pre-hearing reviews no longer exist as such […]
Precedent
The courts decide cases by applying the law to given facts. There is a hierarchy of courts. Each level of court is compelled to follow legal principles and interpretations (precedents) set by higher level courts unless a case can be “distinguished” on its facts. Where no higher level decision exists, the courts follow the interpretation […]
Preliminary hearing
Preliminary hearings have replaced what used to be called “case management discussions” and “pre-hearing reviews”. Preliminary hearings are held to clarify complex claims such as for discrimination and whistleblowing as well as generally to set a case timetable. They can also be held to decide preliminary issues such as whether to strike out a claim […]
Privilege
Protection from disclosure. Certain verbal or written communications are private and need not be disclosed to the other side during a case. These are referred to as “privileged”. The issue tends to come up on disclosure. The rules can get very complicated, but the most well known form of privilege is communication between a party […]
Pro bono
This is Latin from the phrase “pro bono publico” which means for the public good. It is used to describe when lawyers work voluntarily without payment.
Protected act
See “Victimisation”. All of the following are protected acts: Bringing proceedings under the Equality Act 2010; Giving evidence or information in connection with proceedings under the Equality Act 2010; Doing any other thing for the purposes of or in connection with the Equality Act 2010; or Making an allegation that a person has contravened the […]