In the employment context, breaking or not complying with one of the agreed terms of a contract of employment. A fundamental or repudiatory breach of contract is an extremely serious breach going to the heart of the employment relationship. If done by the worker, it may entitle the employer to dismiss without notice. If done […]
The collated documents which both parties to an employment tribunal case have agreed which is used as part of the evidence to try key issues. The bundle is generally presented in lever arch files and paginated (page numbered) with an index.
This refers to which party who has the responsibility (or burden) of proving matters that form the claim. The party with the burden of proof cannot simply make an allegation and expect the other party to do all the work disproving the allegation.
In general this is the way in which the court controls the progress of the claim up to trial. Case management is about the preparation of cases for hearings which involves each party disclosing documents, arranging the exchange of witness statements, agreeing expert witnesses etc.
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 […]
Court hearing attended by all parties to decide directions and get the claim to trial.
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 […]
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.
An order that allows property or other assets to be sold to pay money owing under a judgement debt.
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 […]