Distinguish
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.
Archives
District judge
County Court judge who deals with interim applications and small claims and fast track trials. A district judge is junior to a circuit judge.
Draft order
Terms of an order prepared by one or both parties in the hope that the court will approve it.
Drop hands agreement
Where the parties agreed to walk away from the claim and each pay their own costs.
EAT (Employment Appeal Tribunal)
The Employment Appeal Tribunal is the first level of appeal from an ET decision. For web information go to www.justice.gov.uk/tribunals/employment-appeals This is followed by the Court of Appeal and the Supreme Court. The EAT deals with questions of law and does not make determinations of fact which is the task of ETs. For this reason […]
Effective date of termination or EDT
The day that an employment contract ended. This might be the day the employee was dismissed or the day they resigned. The notice period is a consideration. Specific rules apply.
Employee
Different categories of worker are eligible to claim different employment rights. The definition of “employee” varies from statute to statute. Certain rights can only be claimed by employees. Other rights, such as not to be unlawfully discriminated against, apply to broader categories.
Employment status
The legal definition of whether an individual is a “worker”, an “employee” or “self-employed”.
Employment Tribunals Rules of Procedure
These are the procedural rules referred to and followed by ETs. Parties fail to follow these at their peril. A new version came into force in July 2013. The Employment Tribunals Rules of Procedure can be found in Schedule 1 of The Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013.
Enforcement
Ensuring that a judgment is complied with.