The ABCs of Employment Law: A Glossary of Key Terms
This glossary covers essential terms that Black professionals and other employees should be familiar with to navigate employment law effectively in the UK.
Note: This guide is strictly for information purposes, not legal advice. Always consult a legal professional for advice tailored to your specific circumstances.
A
- ACAS (Advisory, Conciliation and Arbitration Service): A public body that provides free and impartial information and advice to employers and employees on all aspects of workplace relations and employment law. ACAS also offers Early Conciliation services to help resolve disputes before they reach an Employment Tribunal.
- Age Discrimination: Unfair treatment of an individual based on their age. It is prohibited under the Equality Act 2010.
- Annual Leave: Paid time off work granted by employers to employees, which they can use for vacation, rest, or personal activities.
- Appeal: The process by which a party to a tribunal decision can challenge the outcome, typically on grounds of a legal error, by bringing the case to a higher tribunal, such as the Employment Appeal Tribunal (EAT).
- Arbitration: A method of dispute resolution where an impartial third party (the arbitrator) makes a binding decision to resolve a conflict between an employer and an employee.
B
- Basic Award: A form of compensation awarded by an Employment Tribunal in cases of unfair dismissal. It is calculated based on the employee’s age, length of service, and weekly pay.
- Breach of Contract: Occurs when one party fails to fulfill their obligations under the terms of a contract. In employment, this might involve non-payment of wages or failure to provide the agreed-upon working conditions.
- Bullying: Repeated, unreasonable behavior directed towards an employee that creates a risk to their health and safety.
- Burden of Proof: The obligation to present evidence to support one’s claim in a legal dispute. In discrimination cases, the initial burden of proof lies with the employee.
C
- Case Management Discussion (CMD): A preliminary hearing at an Employment Tribunal where procedural issues are discussed, and directions are given to prepare the case for the final hearing.
- Collective Bargaining: The process by which trade unions negotiate with employers on behalf of employees to reach agreements on working conditions, wages, and other employment terms.
- Constructive Dismissal: When an employee resigns due to the employer’s conduct, which has made continued employment untenable. The resignation is treated as an unfair dismissal if the employee can prove the employer’s behaviour was the cause.
- Consultation: The process by which an employer discusses proposed changes to working conditions, redundancies, or other significant issues with employees or their representatives before implementing those changes.
- Contract of Employment: A legal agreement between an employer and an employee that outlines the terms and conditions of employment, including duties, pay, and working hours.
D
- Data Protection: Legal requirements under the Data Protection Act 2018 and GDPR for employers to handle personal data about employees in a secure and lawful manner.
- Direct Discrimination: Treating someone less favourably because of a protected characteristic, such as race, gender, or age, compared to others in similar circumstances.
- Disability Discrimination: Unfair treatment of an individual based on their disability. This includes failing to make reasonable adjustments to accommodate the disabled person’s needs in the workplace.
- Dismissal: The termination of an employee’s contract by the employer. Dismissal can be fair, unfair, constructive, or wrongful, depending on the circumstances and adherence to legal procedures.
- Dismissal for Cause: Termination of an employee’s contract due to serious misconduct or performance issues, also known as summary dismissal.
E
- Early Conciliation: A mandatory process facilitated by ACAS where parties attempt to resolve their employment dispute before a claim can be lodged with an Employment Tribunal.
- Equality Act 2010: A key piece of legislation that consolidates and simplifies previous anti-discrimination laws in the UK, protecting individuals from unfair treatment based on protected characteristics.
F
- Fixed-Term Contract: An employment contract for a specific period, after which it automatically ends unless renewed or extended by mutual agreement.
- Flexible Working: A work arrangement that allows employees to adjust their working hours, patterns, or locations to better suit their needs. As of April 2024, UK employees have the legal right to request flexible working from the first day on the job.
- Flexible Working Request: A formal request made by an employee to alter their working hours, patterns, or location to better suit their personal needs.
- Furlough: A temporary leave of absence from work, often without pay, implemented by an employer.
G
- Grievance Procedure: A formal process by which an employee can raise concerns or complaints about their work environment, treatment, or working conditions with their employer.
- Gross Misconduct: Severe behavior by an employee that justifies immediate dismissal without notice or pay in lieu of notice, such as theft, violence, or fraud.
- Garden Leave: A period during which an employee is paid but instructed not to work or attend the workplace, usually during the notice period before leaving the company.
H
- Harassment: Unwanted behavior related to a protected characteristic that violates an individual’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
- Health and Safety at Work: Legal obligations under the Health and Safety at Work Act 1974 for employers to ensure a safe working environment for their employees.
- Holiday Pay: Compensation paid to employees for their entitled annual leave, usually calculated based on their regular earnings.
I
- Indirect Discrimination: When a seemingly neutral policy or practice disproportionately disadvantages a group of people with a protected characteristic, and the employer cannot justify the policy as a proportionate means of achieving a legitimate aim.
- Informal Resolution: A process for resolving workplace disputes or grievances without formal procedures, often involving mediation or direct discussions between the parties involved.
- Intellectual Property: Legal rights to creations of the mind, such as inventions, designs, and artistic works. Employees may have certain rights to intellectual property created during their employment.
J
- Job Description: A written statement outlining the duties, responsibilities, and qualifications required for a particular job role.
- Jurisdiction: The authority of the Employment Tribunal to hear and decide on specific types of employment disputes within its legal scope.
K
- Key Performance Indicators (KPIs): Specific metrics used to measure an employee’s performance and productivity against defined objectives.
- Key Worker: An employee whose role is considered essential for public health and safety, often highlighted during emergencies like the COVID-19 pandemic.
L
- Lay Representative: A non-legally qualified person who represents an employee or employer in an Employment Tribunal hearing.
- Leave: Authorised time off from work, which can include annual leave (paid vacation), sick leave, maternity/paternity leave, parental leave, and other types of statutory or discretionary leave.
- Legal Aid: Financial assistance provided to individuals to help cover the costs of legal advice, representation, and other legal services. In employment law cases, legal aid may be available for certain types of claims, subject to eligibility criteria.
- Letter of Resignation: A formal written notice from an employee to their employer indicating their intention to leave the job.
- Living Wage: A recommended minimum hourly wage that is higher than the National Minimum Wage and National Living Wage, calculated based on the cost of living to provide a decent standard of living. It is not legally enforced but is promoted by the Living Wage Foundation and voluntarily adopted by some employers.
- Long-Term Sickness Absence: A period during which an employee is unable to work due to illness or injury that lasts for an extended duration, typically beyond four weeks. Employers are required to manage long-term sickness absence fairly, often involving occupational health assessments and reasonable adjustments.
M
- Maternity Leave: The period of leave granted to a mother before and after the birth of her child. Employees are entitled to up to 52 weeks of maternity leave in the UK.
- Mediation: A voluntary process where an independent mediator helps disputing parties reach a mutually acceptable agreement without going to a tribunal.
- Minimum Wage: The lowest hourly pay rate that employers can legally pay their workers, as set by the government.
N
- National Minimum Wage: The minimum hourly rate that employers must pay their workers, as set by UK law. The rate varies based on the worker’s age and whether they are an apprentice.
- Non-Disclosure Agreement (NDA): A legal contract where parties agree not to disclose certain confidential information.
- Notice Period: The length of time an employee or employer must give before ending an employment contract, as specified in the contract or statutory requirements.
O
- Occupational Health: Services and programs provided by employers to promote and maintain the health and well-being of employees in the workplace.
- Occupational Requirement: A legal justification for treating someone differently based on a protected characteristic if it is essential for the job. For example, requiring a particular gender for authenticity in acting roles.
- Overtime: Hours worked by an employee beyond their regular working hours, often compensated at a higher pay rate.
P
- Paternity Leave: Paid or unpaid time off granted to a father or partner following the birth or adoption of a child.
- Probation Period: An initial period of employment during which an employee’s suitability for the role is assessed before confirming their permanent employment.
- Protected Characteristics: Specific attributes protected under the Equality Act 2010, including age, disability, gender reassignment, marriage and civil partnership, pregnancy and maternity, race, religion or belief, sex, and sexual orientation.
Q
- Qualifying Period: The length of time an employee must work for an employer before becoming eligible for certain employment rights, such as the right to claim unfair dismissal.
- Qualifying Service: The length of time an employee must work for an employer to gain certain statutory rights, such as protection from unfair dismissal.
R
- Reasonable Adjustments: Changes or modifications made to the workplace or job role to accommodate employees with disabilities, ensuring they can work effectively and without disadvantage.
- Redundancy: A form of dismissal that occurs when an employer needs to reduce the workforce, often due to economic pressures, restructuring, or technological changes.
- Reinstatement: An order by an Employment Tribunal for an employee to be returned to their former position following an unfair dismissal.
- Restrictive Covenant: A clause in an employment contract that restricts an employee’s actions both during and after their employment, such as non-compete or non-solicitation clauses.
S
- Settlement Agreement: A legally binding contract between an employer and employee, where the employee agrees to waive certain rights (such as the right to bring a tribunal claim) in exchange for compensation or other benefits.
- Sexual Harassment: Unwanted conduct of a sexual nature that violates a person’s dignity or creates an intimidating, hostile, degrading, humiliating, or offensive environment.
- Statutory Sick Pay (SSP): A legal entitlement for employees to receive a minimum level of pay from their employer when they are off work due to illness.
- Summary Dismissal: Immediate termination of employment without notice due to gross misconduct by the employee.
T
- Trade Union: An organized group of workers that collectively negotiates with employers on issues such as wages, working conditions, and benefits. Trade unions also provide support and representation to their members.
- Tribunal Fees: Charges previously required for lodging a claim with the Employment Tribunal, now abolished following a Supreme Court ruling.
- TUPE (Transfer of Undertakings Protection of Employment): Regulations that protect employees’ rights when the business they work for is transferred to a new owner.
U
- Unfair Dismissal: Termination of an employee’s contract without a fair reason or without following the correct procedure. Employees generally need to have worked for their employer for at least two years to claim unfair dismissal.
- Union Recognition: The formal acceptance by an employer to negotiate with a trade union on behalf of its members within the organisation.
- Unlawful Deduction from Wages: When an employer deducts money from an employee’s pay without proper authorisation or justification.
V
- Vicarious Liability: The legal responsibility of an employer for the actions or omissions of its employees performed in the course of their employment.
- Victimization: Treating someone unfairly because they have made or supported a complaint of discrimination or harassment.
- Voluntary Redundancy: When an employee agrees to leave their job in exchange for a financial package, usually offered during organisational restructuring.
W
- Whistleblowing: Reporting wrongdoing or illegal activities within an organisation. Employees who whistleblow are protected from retaliation under the Public Interest Disclosure Act 1998.
- Whistleblower Protection: Legal safeguards for employees who report wrongdoing or illegal activities within their organisation, protecting them from retaliation.
- Written Statement of Employment Particulars: A document that an employer must provide to an employee, outlining the basic terms and conditions of employment, such as job title, pay, and working hours.
X, Y, Z
- Young Workers: Employees under the age of 18 who are subject to special employment rights and protections, including restrictions on working hours and types of work they can perform.
- Zero-Hours Contract: An employment contract where the employer is not obliged to provide any minimum working hours, and the employee is not required to accept any work offered.
