Making a disclosure of certain information (not all information) for which the employee is protected. Key whistleblowing provisions are contained in the Public Interest Disclosure Act 1998. In some circumstances dismissal for whistleblowing will be unfair. Compensation is also awarded where the whistleblower has been subjected to a detriment short of dismissal.
See “Lay members”.
Negotiations between the parties for the purpose of settling a case are off-the-record from the viewpoint of the court. To ensure this is so, it is traditional to introduce the conversation by saying the words “can we speak without prejudice?” Letters regarding settlement should also be headed “‘without prejudice”. However, genuine attempts at settlement are […]
An ET can issue a witness order to compel an unwilling witness to attend the hearing.
A statement taken from a witness. Sometimes Witness statements without the presence of witnesses in person are of limited value: witnesses are expected to attend so that they can be cross-examined to establish the reliability of their evidence.
Like the term “employee” this has specific meanings depending on context. Some employment rights are only available to employees; others are available to the wider category of workers.
These are usually delivered as a disciplinary punishment following a disciplinary hearing. The employee is required to improve his or her conduct or face further disciplinary action which might include dismissal.
Different from unfair dismissal, this refers to employment being terminated in breach of the employment contract. It usually means that the employee has not been paid in lieu of their notice period.