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ACAS

Advisory Conciliation and Arbitration Service this body was established under the Employment Protection Act 1975 to work to improve employer/ employee relations.

Agent

a person appointed by another to act on his or her behalf.

Annual Leave

the amount of holiday employees are entitled to by law

Applicant

someone who lodges a complaint with an Employment Tribunal

Breach of contract

a failure by a party to a contract to abide by the terms of the contract or to perform the obligations outlined in the contract

Code of practice

rules established by regulatory authorities, administrative bodies, trade associations, etc., which are used to suggest and guide behaviour

Collective agreement

an agreement reached as a result of negotiations between an employer and a trade union

Common law

laws arising from court rulings rather than from Acts of Parliament

Constructive dismissal

resignation by an employee in circumstances such that he or she is entitled to resign by reason of an act or course of action by the employer

Contract for service

a type of contract that defines an independent contractor

Contract of service

a type of contract in which an individual agrees to be paid a regular wage, work regular hours; in other words, an employment contract

Contract out

attempting to exclude or limit liability

DDA

Disability Discrimination Act 1996

Discrimination

treatment of one or more members of a specified group in a manner that is unfair in comparison with the treatment of others who are not members of that group

Employers Liability

the liability of an employer for breach of his duty to provide for his employees competent fellow-workers, safe equipment, a safe place of work, and a safe system of work, including adequate supervision

Employment Tribunal

the main forum for resolving an employment dispute between an employee and employer. The claim is made to the employment tribunal following prescribed procedures and is usually resolved at a final hearing Certain employment disputes may also be resolved through the County Courts

EPA

Equal Pay Act 1970 - requires that men and women be paid the same rate for like employment, or work rated as equivalent, or having equal value

Ex gratia payment

an ex gratia payment is discretionary, often given as a favour, and not as a result of legal duty

Express terms

the terms and provisions of a contract that the parties specifically deal with and agree upon

Frustration

an unexpected and unintentional event that makes it impossible to fulfil the terms of a contract

Garden or Gardening leave

when someone is paid for a period when they are not working, either after they have given in their notice or when they are being investigated for alleged misconduct

Grievance procedure

procedure to be followed by an employee with a complaint against an employer before commencing Tribunal action

Gross wages

the amount of wages before any deductions are made

Legitimate interests

an employers right to have certain interests protected by law

Maternity leave

the period of time a woman is allowed to be absent from her job because of her pregnancy

Misconduct

this is a potentially fair reason for dismissal if it is conduct so serious that dismissal is justified

National Minimum Wage

the minimum amount an employer is obliged to pay per hour

Net wages

the amount of wages after deductions are made.

Notice

advance notification by one party to an employment contract to the other that the contract will expire and will not be renewed

Paternity leave

the right for eligible employees to take paid leave to care for their baby or to support the mother following birth

Redundancy

termination of employment because a job no longer exists

Remuneration

reward or pay for service

Repudiatory breach

a fundamental breach of contract by either the employer or the employee that entitles the other party to terminate the relationship without providing notice

Respondent

the person against whom relief is sought by the applicant

Restrictive covenant in employment

a term in the employment contract restricting the employee’s activities either during the term of the contact or after termination

RRA

Race Relations Act 1976 - prohibits discrimination based on colour, race, nationality or ethnic or national origin

SDA

Sex Discrimination Act 1975 - prohibits discrimination based on gender or marital status in employment or when making an offer of employment

SMP

Statutory Maternity Pay - an employer must pay SMP to any employee who is eligible

SSP

Statutory Sick Pay

Statement of Particulars

a written statement outlining the terms, duties and responsibilities of a particular job

Statutory rights

any privilege recognised and protected by law.

Unfair dismissal

a remedy for unjustifiable dismissal based on statutory rights

Unlawful deduction from wages

where an employer holds back an individuals pay for no legitimate reason

Wrongful dismissal

a remedy for unjustifiable dismissal based on contractual rights

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