Managing incapacity: jargon buster

Section 11 of the Personnel Today Management Resources one stop guide on managing incapacity. Other sections.

Common law English traditional law based originally on the common customs of the country is derived from case law rather than as the result of legislation.

Contributory fault Where the employee has contributed to their own dismissal, for example by their own actions or omissions.

DDA Disability Discrimination Act 1995.

Declaration Statement made by the court or tribunal outlining the rights of an employee and the employer in relation to a complaint.

Derogation When the application of a law is put on hold - as in abstaining from the 48-hour limit on working time.

Disability A physical or mental impairment which has a substantial and long-term adverse affect on a person's ability to carry out day-to-day activities.

Flexible working Work done outside the an employers normal pattern of hours. Can include homeworking, part-time hours, working only school hours, accumulated hours, among other forms.

For cause testing Drink or drugs testing implemented after an incident.

HSC Health and Safety Commission. Responsible for drawing up health and safety legislation.

HSE Health and Safety Executive. Responsible for enforcing legislation drawn up by the HSC.

HSWA Health and Safety at Work (etc) Act 1974.

Health and Safety Regulations Six sets of regulations which came into effect in 1993.

Information Commissioner Person overseeing the Information Commission, which monitors the application of the Data Protection Act 1998.

Justification Where a legitimate explanation can be given for a course of conduct.

PHI Permanent Health Insurance.

Random testing Used in safety-sensitive jobs where members of the public may be put at risk by the actions of an employee. A small sample of employees is selected at random.

Recommendation The specific tasks which the tribunal sets for the employer, in a specific timeframe, to obviate or reduce the adverse affects on the complainant.

Risk assessment Formal identification of hazards present in any undertaking and an estimate of the risks involved to the health and safety of employees and others who might be affected.

Stress Reaction people have to excessive pressures or other types of demand placed on them. It is a reaction not an illness, however, it can lead to mental and physical health problems.

Tort Civil liability arising from an act or failure to act, independent of any contract and for which damages may be sought.

Routine testing Regular testing of the entire workforce, for example, for drink or drugs.

Working Time Regulations Introduced in 1998, these regulation implement European directives on working time and young workers. They include a working limit of 48 hours per week over a specified reference period and the entitlement to daily rest breaks, weekly rest breaks and paid annual leave, among other things.