employment law

ACAS

The Advisory Conciliation and Arbitration Service is a Government-funded public agency providing a conciliation and mediation service. ACAS provide assistance to employees, employers and their representatives to facilitate the settlement of Tribunal claims.

Annual Leave

As an employee or a worker, if you work a five-day week, you are entitled to a minimum of 24 days per year including bank holidays. This will increase to 28 days on 1 April 2009.

Appeal

If you have been dismissed, you should seek to appeal against your dismissal, otherwise this could affect the amount of compensation you receive if your claim is successful.

Claimant

You – the person bringing the Claim.

Discrimination

Direct discrimination is less favourable treatment on one or more of the prohibited grounds (race, sex, disability, age, sexual orientation or religious belief). You must show that your treatment was on those grounds and normally point to a comparator who would have been treated more favourably in the same circumstances. Indirect discrimination occurs for example when your employer applies a provision or practice to all its staff, but that provision or practice disproportionately impacts upon persons of a specific race including yourself.

Employment Tribunal

A special court of law in which most claims relating to employment issues are heard.

ET1

A claim form used to lodge your claim with the Employment Tribunal.

ET3

Your employer’s defence to your claim. The employer has 28 days from receipt of the ET1 (sent to them by the Employment Tribunal) to respond to your claim.

Grievance

A letter to your employer detailing the matters you are complaining of (such as unlawful deduction of wages or a discriminatory act). In order to bring a claim to an Employment Tribunal for most claims (other than those relating to dismissal), you will first need to write to your employer detailing your complaint, then wait 28 days before submitting an ET1.

Limitation

You normally have three months from the date of your dismissal to lodge a claim in the Employment Tribunal. In claims for discrimination that do not relate to a dismissal, you need to have lodged a grievance complaining of the discriminatory act within three months of the date of that act.

Misconduct

This is a potentially fair reason for dismissal if it is conduct so serious that dismissal is justified i.e. gross misconduct. An employer only has to show it had a reasonable belief that you were guilty of the misconduct to dismiss you. However, the employer must carry out an investigation into the alleged misconduct and act reasonably.

Mitigating your Loss

If you are dismissed, you will need to satisfy the Employment Tribunal that you have made all reasonable attempts to find alternative work; including keeping a record of all job applications you have made, a record of any visits to the job centre and if you join an employment agency, a record of the initial appointment and any subsequent job offers.

National Minimum Wage

The minimum amount your employer is obliged to pay you per hour (with effect from 1 October 2007 the minimum wage is £5.52 an hour for workers aged 22 and over).

Notice Pay

You are usually entitled to receive notice pay if your employer terminates your contract. The minimum period of notice after one month of service is one week for each complete year of service, to a maximum of 12 weeks for 12 years of service. Your employer may pay you in lieu of notice (PILON), which means that your notice is paid to you as an alternative to being given your full notice.

Respondent

Usually your employer – the person who will respond to your claim. If you are bringing a complaint of discrimination, this can also be a named individual who would normally be the alleged perpetrator of the discrimination.

Unlawful deduction from wages

If your employer holds back your pay for no reason, you may be able to bring a claim. You would first need to raise a grievance with your employer setting out your complaint.

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