Employment Law terms Crossword
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
                                                      
 
 
Down: 1) A formal sworn statement for use in legal proceedings that has been sworn in front of a solicitor or barrister. The witnessing lawyer will usually charge a fee of £5 for the main document and £2 for each appended exhibit. 2) This is where an employer is responsible for the unlawful acts of his/her employees as if she/he carried them out him/herself, regardless of whether she/he knew or approved of those acts. In the employment field, it is mainly relevant to discrimination law.3) The day that an employment contract ended. This might be the day the employee was dismissed or the day they resigned.6) A fancy way of saying additional information.7) A contract is said to be repudiated where an employer or an employee has breached it in a fundamental (serious) way.12) Discrimination is the concept that someone has been treated “less favourably” than others as a result of a particular characteristic that they possess. With minor exceptions, treating someone less favourably is unlawful where that characteristic is, for example, age, disability, race, sex, sexual orientation or religion. The central question is “less favourably than whom?” This requires a comparator, who does not have the particular characteristic which is presumed to be a factor in the discrimination, enabling a comparison to be made. The comparator can be a real or a hypothetical person.15) The system by which certain state benefits may be re-claimed from part of the compensatory award in an unfair dismissal claim.17) This has two meanings: a) The subject matter of the case; b) The worker’s document which starts the ET proceedings (originating application), usually written on an ET1.18) This abbreviation is commonly used by trade unions to refer to the Transfer of Undertakings (Protection of Employment) Regulations 2006. Across: 4) Where employees are made subject to a rule or treatment that on its face is neutral between different groups but which indirectly discriminates. For example, imposing the same minimum height requirement on all employees could disproportionately affect women who are generally not as tall as men and who may as a result be discriminated against indirectly. 5) A party’s right, once an ET has made a decision, to appeal against it on a point of law to an employment appeal tribunal. An appeal can be made against a preliminary or a final decision or judgement. 8) During the preparation of a case, the Claimant is often ordered to prepare a schedule setting out how much she/he has lost by way of earnings and the value of the claim generally. 9) The formal process of parties revealing relevant documents to the other. The term ‘discovery’ is still sometimes used.10) 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 employer, it may entitle a worker to resign and claim constructive dismissal. If done by the worker, it may entitle the employer to dismiss without notice. 11) This is where an employee resigns due to the employers’ fundamental or repudiatory breach of the employment contract. It is treated as a form of unfair dismissal like actual dismissal.13) This refers to which party that has the responsibility of proving matters, such as whether a dismissal took place or whether unlawful discrimination happened. 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.14) Advisory Conciliation and Arbitration Service (ACAS). An ACAS officer is appointed to all employment tribunal (ET) cases to ‘conciliate’, i.e. to act as an independent intermediary to facilitate settlement.16) The courts decide cases by applying the law to given facts. There is a hierarchy of courts and tribunals for employment law purposes (Supreme Court, Court of Appeal, EAT, ET.) Each level of court/tribunal is compelled to follow legal principles and interpretations (precedents) set by higher level courts unless a case can be ‘distinguished’ on its facts. Where no higher level decision exists, the courts (except the ET) follow the interpretation of other courts of the same level. Precedent may also be referred to as ‘authority’. 19) The time period within which a claim must be brought. For example, a claim of unfair dismissal should be submitted within three months of the effective date of termination (in rare circumstances this can be extended by the ET). Generally, breach of contract claims should be brought within six years of the breach. 20) The stands for Employment Tribunal, formerly known as Industrial Tribunal (IT). Most employment cases are heard in ETs.
 

 

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