GLOSSARY

The XpertHR employment glossary provides concise explanations of legal and employment-related words, phrases and abbreviations in plain English.

We welcome feedback from users. If you would like us to add a new entry or if you have a comment on one of our existing explanations, please email the editorial team.

A priori Made before or without examination, or not supported by factual study.

Abuse of process The tort of bringing and following through with a civil or criminal action for a purpose different from that for which the action was designed. For example, an individual could bring an action in order to tie up management time and money as an act of revenge.

ACAS See Advisory, Conciliation and Arbitration Service.

ACoP See Approved Code of Practice.

Act of Parliament A part of the law passed by Parliament. Once a proposed piece of primary legislation, known as a Bill, has completed its passage through Parliament and receives Royal Assent, it becomes known as an Act of Parliament. It may not immediately take effect, in which case further secondary legislation such as regulations will be required to set the date on which it, or a part of it, comes into force.

Ad litem Denotes a temporary appointment that continues during legal proceedings, for example guardian ad litem.

Additional adoption leave A further period of 26 weeks' unpaid leave taken immediately following ordinary adoption leave.

Additional award An award of between 26 and 52 weeks' pay, made in cases where an employer refuses or fails to comply with an order for reinstatement or re-engagement.

Additional maternity leave A further period of 26 weeks' unpaid leave taken immediately following ordinary maternity leave. Additional maternity leave is available to a pregnant employee with an expected week of childbirth beginning before 1 April 2007 only if she has been continuously employed for 26 weeks or more by the end of the 15^th week before her expected week of childbirth. Additional maternity leave is available to all pregnant employees with an expected week of childbirth beginning on or after 1 April 2007, irrespective of length of service.

Adoption leave (1) Statutory adoption leave: A period of leave available to an employee who is notified on or after 6 April 2003 that he or she has been newly matched with a child for adoption, or who is one of a couple who are jointly notified on or after that same date that they have been matched with a child for adoption. (2) Contractual adoption leave: A period of leave given to an employee under his or her contract of employment as a result of the adoption of a child.

Adult worker A worker who has attained the age of 18 (Working Time Regulations 1998, section 2 (1)).

Advisory Conciliation and Arbitration Service A statutory body with a remit to improve employment relations. It provides conciliation services in industrial disputes and has power to act as a binding arbitrator in individual unfair dismissal disputes. It also has a duty to provide individual conciliation services in most individual employment disputes.

Affidavit A written statement made under oath.

Agency worker A worker supplied to a client by an agency business.

Aggravated damages An increased level of compensation awarded in particularly serious cases of discrimination. Aggravated damages are compensatory and will be appropriate only where the employer has behaved in a high-handed, malicious, insulting or oppressive manner.

All England Direct An online case law reporting service provided by LexisNexis Butterworths. It provides summaries of cases from the House of Lords, Privy Council, Court of Appeal (both divisions), Employment Appeal Tribunal and all divisions of the High Court and dates back to 1997.

All England Law Reports A monthly publication from LexisNexis Butterworths containing full reports of leading cases heard by the House of Lords, Privy Council, Court of Appeal (both divisions) and all divisions of the High Court and dates back to 1936.

All ER (D) See All England Direct.

All ER See All England Law Reports.

Amicus curiae A neutral party who does not represent any individual party in the case who will be asked by a court to make representations from an independent viewpoint.

AML See Additional maternity leave.

Annual hours The total hours worked by an employee or worker in a calendar year.

Annualised hours Working hours that reflect seasonal or other peaks and troughs in production. Employees are contracted to work a set number of hours during the year, but weekly hours are varied depending on how much work there is to do.

Applicant A person bringing a claim in an employment tribunal. This was replaced by the term claimant from 1 October 2004.

Apprentice A person learning a trade by working for a skilled employer.

Approved Code of Practice A document giving guidance on compliance with legislation. A number of Approved Codes of Practice have been made under employment legislation by ACAS, the Department for Business, Enterprise and Regulatory Reform, and the Commission for Equality and Human Rights, amongst others. They give guidance as to how laws are to be applied in practice. Whilst these Codes of Practice do not, of themselves, have binding legal force, they may be referred to in proceedings before an employment tribunal and failure to comply with them may be taken into account in reaching a decision.

Arbitration The use of an arbitrator, whose decision is legally binding, to settle a dispute between parties, in order to avoid a tribunal or court case.

Asbestos A natural material made up of tiny fibres which can lodge in the lungs and lead to cancer or scarring of the lungs. Asbestos is used for a wide range of manufactured goods, mostly roofing shingles, ceiling and floor tiles, paper products, asbestos cement products, friction products, textiles, packaging, gaskets, and coatings.

Asbestosis A chronic condition featuring scarring of the lungs caused by inhaled asbestos fibres.

Associated employer One of two employers that are treated as a single entity for certain purposes. Under the Employment Rights Act 1996 two employers will be treated as associated if one is a company of which the other (directly or indirectly) has control or if both are companies of which a third person (directly or indirectly) has control (Employment Rights Act 1996, section 231). The term is of importance in a number of employment contexts. For example, an employee claiming equal pay can compare him- or herself with an individual employed by the same employer or by an associated employer. Also, a redundant employee may lose the right to a redundancy payment if he or she unreasonably refuses an offer of suitable alternative employment by the employer or an associated employer.

Automatically unfair dismissal A dismissal that is unfair on the basis of the reason for the dismissal alone. Examples include dismissal for a reason related to an employee's pregnancy and dismissal where a transfer of an undertaking has taken place, if the transfer, or a reason connected with it, is the reason or principal reason for the dismissal.

Bad faith Intentional deception, dishonesty, or failure to meet an obligation or duty.

Bank holiday A day on which banks are closed under statutory provisions and which are customarily treated as public holidays.

Banked hours Extra hours that are worked at peak periods and are then paid back in a shorter working week or time off later in the year.

Basic award An element of compensation for unfair dismissal designed to compensate employees for loss of job security. The amount payable depends on the employee's age and length of service and the amount of a week's pay. The other element is the compensatory award.

Basic disclosure A type of criminal record check designed to reveal convictions at national level that are unspent under the Rehabilitation of Offenders Act 1974. Also known as a criminal conviction certificate.

Benchmark To compare an organisation's performance in areas such as pay awards, retention, productivity or absence against that of other organisations.

Betting work Work undertaken at a track and for a bookmaker that consists of or includes dealing with betting transactions. The term also applies to work in a licensed betting office when it is open for betting (Employment Rights Act 1996, section 233(2)).

Betting worker An employee who, under his or her contract of employment, is or may be required to do betting work (Employment Rights Act 1996, section 233(1)).

Bill Proposed legislation for debate by Parliament. When passed by both the House of Commons and House of Lords, a Bill will receive Royal Assent and will then become known as an Act of Parliament.

Blue collar worker A manual worker, particularly in industry.

Blue pencil rule A rule that may be operated by a court when examining the terms of a restrictive covenant or non-competition clause. It allows a court to strike out an unenforceable part of a clause and still enforce the remainder of that clause, if it still makes sense with the unenforceable part removed.

Bona fide In good faith, or genuinely without attempt to fraud.

Breach of contract A failure by a party to a contract to comply with any of the terms of the contract, whether express or implied. For example, a dismissal without notice or with inadequate notice (or inadequate payment in lieu), other than when an employer is acting in response to a serious breach by the employee, will be a breach of contract, referred to as a wrongful dismissal.

Break clause A clause inserted into a fixed-term contract allowing one or both of the parties to terminate the agreement before the expiry of the fixed term.

British Standards Institution The National Standards Body of the UK, responsible for facilitating, drafting, publishing and marketing British Standards and other guidelines. It also issues many health and safety-related British Standards and Codes.

BSI See British Standards Institution.

Bullying Offensive, intimidating, malicious or insulting behaviour, or an abuse or misuse of power which is meant to undermine, humiliate or injure the person on the receiving end.

Bumped redundancy A situation where one employee becomes redundant but the employer wishes to retain his or her services, and therefore dismisses another employee and gives the redundant employee the dismissed employee's job.

Burden of proof The obligation of proving a disputed charge or allegation in a court or tribunal. For example, the Sex Discrimination Act 1975, the Race Relations Act 1976 (in so far as it applies to discrimination on grounds of race, or ethnic or national origins, but not discrimination on grounds of colour or nationality), the Disability Discrimination Act 1995, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006 contain provisions on the application of the burden of proof that provide that, where an applicant proves facts from which the tribunal could conclude that the respondent had committed a discriminatory act, the tribunal shall uphold the complaint unless the respondent provides an adequate non-discriminatory explanation for the treatment.

Business partnering The practice of ensuring that the activities of HR are aligned with the wider business objectives of the organisation and maximising HR's contribution to the organisation's efficiency and profitability, through co-operation and partnership with senior management.

CA See Court of Appeal.

CAC See Central Arbitration Committee.

Capability One of the five potentially fair reasons for dismissal permitted under the Employment Rights Act 1996. Capability may relate to the employee's physical or mental capability, or to his or her performance.

Carcinogen A substance or agent that causes cancer, including asbestos.

Carcinogenesis The process by which normal cells are transformed into cancer cells in the body.

Carpal tunnel syndrome A disorder caused by a compressed nerve in the carpal tunnel at the wrist and leading to pain, numbness or tingling in the hand.

Case law The system of law where courts are bound to follow the decisions of previous cases. In the English legal system, legal rules may derive either from legislation or from decisions of courts and tribunals, known as case law. Within the court system a hierarchy operates with decisions of superior courts binding inferior courts. For example, employment tribunals are bound to follow decisions of the Employment Appeal Tribunal on the interpretation of legislation.

Case management discussion An interim hearing that addresses matters of procedure and case management in tribunal cases. The discussions are concerned with establishing the issues and giving directions on how the case should be prepared for the hearing and progressed.

Casual worker Individuals who supply labour or services to another under an irregular or informal arrangement. The term can cover agency workers, temps, homeworkers and short-term employees.

Caveat A warning or caution, or a qualification or explanation.

CEHR See Commission for Equality and Human Rights.

Central Arbitration Committee A permanent independent body with statutory powers whose main function is to adjudicate on applications relating to the statutory recognition and derecognition of trade unions for collective bargaining purposes, where such recognition or derecognition cannot be agreed voluntarily. In addition, it has a statutory role in determining disputes between trade unions and employers over the disclosure of information for collective bargaining purposes, and in disposing of claims and complaints regarding the establishment and operation of European Works Councils and information and consultation arrangements. It also provides voluntary arbitration in industrial disputes.

Central Office of the Employment Tribunals The central administration centre for the employment tribunal system. There is a Central Office (COET) for England and Wales at Bury St Edmunds. There is a separate COET for Scotland. A central register of all employment tribunal claims is kept at the COET.

Central Office of the Industrial Tribunals The central administration centre for the employment tribunal system. It is now called the Central Office of the Employment Tribunals.

Certification Officer An individual responsible for: maintaining a list of trade unions and employers' associations; receiving and scrutinising annual returns from trade unions and employers' associations; determining complaints concerning trade union elections, certain other ballots and breaches of trade union rules; ensuring observance of statutory requirements governing mergers between trade unions and between employers' associations; overseeing the political funds and the finances of trade unions and employers' associations; and certifying the independence of trade unions.

Certiorari A writ from a higher court to a lower one requesting a transcript of the proceedings of a case for review.

Chartered Institute of Personnel and Development The professional body for people involved in the management and development of people, including human resources.

Check-off The deduction of union subscriptions from pay at source.

Child A person below an age specified by law.

Child Tax Credit A tax credit available to families with at least one child, consisting of a family element that is payable to any family responsible for a child, and is paid at a higher rate to families with at least one child under the age of one (the baby element); and a child element that is payable for each child for whom an employee is responsible, and is paid at a higher rate if the child has a disability and at an enhanced rate if the child has a severe disability (the disabled child element).

Childbirth The birth of a living child or the birth of a child whether living or dead after 24 weeks of pregnancy (Maternity and Parental Leave etc Regulations 1999, regulation 2).

CIPD See Chartered Institute of Personnel and Development.

CITB See Construction Industry Training Board.

Claim form The form through which a claimant can bring a claim in an employment tribunal. It is also known as an ET1. The form replaced the old originating application (also known as an IT1) from 1 October 2004, with its use mandatory from 1 October 2005.

Claimant A person bringing a claim in an employment tribunal. This replaces the term applicant, which was used before 1 October 2004.

Code of Practice See Approved Code of Practice.

COET See Central Office of Employment Tribunals.

COIT See Central Office of Industrial Tribunals.

Collective agreement Agreements between trade unions (acting on behalf of workers) and employers or groups of employers covering matters such as pay and terms and conditions. The terms of collective agreements can be incorporated into individual employment contracts.

Collective bargaining The process of negotiation between representatives of trade unions and employers in respect of employees' terms and conditions such as pay, hours of work and working conditions.

Command paper A paper that is not required by statute to pass through Parliament, but may be presented because it is of interest. White Papers, Green Papers, consultation papers, diplomatic documents such as treaties, and reports from government bodies can all be presented as command papers.

Commission for Equality and Human Rights A body designed to promote equality and tackle discrimination in relation to sex, race, disability, sexual orientation, religion or belief, and age. Its remit also includes promoting human rights. It has replaced the Commission for Racial Equality, Equal Opportunities Commission and Disability Rights Commission.

Commission for Racial Equality A publicly funded body set up under the Race Relations Act 1976 to tackle racial discrimination and promote racial equality. It has been replaced by the Commission for Equality and Human Rights.

Common law A system of law whereby rules of law derive from decisions of the courts or precedents rather than purely from statute or any codified written laws.

Compensatory award An element of compensation for unfair dismissal designed to compensate the employee for loss of earnings between the dismissal and the hearing, and loss of future earnings, benefits in kind, pension rights and unfair dismissal protection. The other element is the basic element.

Compressed hours Hours worked over a shorter number of days, such as a four-day week or a nine-day fortnight.

Compromise agreement An agreement between an employer and an employee (or ex-employee) to prevent a claim proceeding to an employment tribunal hearing.

Compulsory maternity leave A two-week period of leave immediately following the birth of a child (or a four-week period where the woman works in a factory). It is a criminal offence to require or allow a woman to work during compulsory maternity leave.

Compulsory school age The age during which a child must, by law, attend school. A child becomes of compulsory school age when he or she reaches the age of five and must start school in the term following his or her fifth birthday (unless that child is educated otherwise). Compulsory school age ceases on the last Friday in June in the school year in which the child reaches the age of 16.

Conciliation The use of a conciliator to seek concessions from the parties to a dispute, so as to avoid a tribunal or court case.

Conduct The way a person acts. Conduct is one of the five potentially fair reasons for dismissal permitted under the Employment Rights Act 1996.

Construction Industry Training Board The training organisation for building workers in the UK.

Constructive dismissal A situation where an employer commits a breach of the employment contract so serious that the employee is entitled to regard him- or herself as released from any obligation under the contract and resign without notice. Examples of conduct by the employer that have been considered sufficiently serious to constitute such a repudiation include failure to pay wages and humiliating employees in front of others.

Consultation paper A government publication discussing planned legislation. As a preliminary to the introduction of draft legislation, government departments publish a consultation paper setting out a range of proposals and seeking views from interested parties. In addition, consultation papers are issued to get views on government strategies, standards and guidance. The European Commission also issues consultation papers.

Continuous employment An unbroken period of employment with the same employer or an associated employer. A number of employment rights, most notably the right not to be unfairly dismissed, depend on the employee having completed a qualifying period of service with a single employer.

Contra proferentem The principle of construing a contract so that, if words or phrases are ambiguous or of two equally possible meanings, they should be interpreted against the author of the words and not against the other party.

Contract compliance The use by public sector bodies of their purchasing power to ensure that private contractors comply with specified requirements such as fulfilling equal opportunities targets.

Contract for services A contract under which a self-employed person or persons provide a service to another party.

Contract of employment A contract under which an individual agrees that, in consideration of a wage or other remuneration, he or she will provide his or her own work and skill in the performance of some service to another party and he or she agrees, expressly or impliedly, that in the performance of that service he or she will be subject to the other's control in a sufficient degree to make that other master. Also known as a contract of service.

Contract of service A contract under which an individual agrees that, in consideration of a wage or other remuneration, he or she will provide his or her own work and skill in the performance of some service to another party and he or she agrees, expressly or impliedly, that in the performance of that service he or she will be subject to the other's control in a sufficient degree to make that other master. Also known as a contract of employment.

Contributory fault Where the employee has contributed to his or her own dismissal, for example by actions or omissions. If an employment tribunal considers that an employee has contributed to the dismissal, it has power to reduce both the basic and contributory awards to the degree it considers just and equitable.

Copyright An unregistered right that protects an original literary work or design as soon as it is produced. It enables the creator of a work to control the use of his or her material and also gives moral rights to be identified as the creator of certain works and to object to their distortion or mutilation.

Core hours Hours under a flexitime system during which all employees must be present, for example between 10 am and 4 pm.

Corporate governance The set of processes, customs, policies, laws and institutions affecting the way in which a corporation is directed, administered or controlled. Corporate governance also includes the relationships among the stakeholders and the goals for which the corporation is governed.

Corporate social responsibility The responsibility of businesses to take account of the economic, social and environmental impact of the manner in which they operate, over and above their minimum legal requirements.

Costs The expenses incurred in taking or defending legal proceedings.

COT3 The form on which a settlement reached through ACAS conciliation is recorded.

Council of the European Union The main decision-making arm of the European Union. Its responsibilities include passing European laws, co-ordinating the broad economic policies of the member states and concluding international agreements between the EU and other countries or international organisations. It has joint authority with the European Parliament over the EU budget.

Court of Appeal A court with power to hear appeals from a number of inferior courts, including the Employment Appeal Tribunal. Normally three Lord Justices of Appeal hear cases in the Court of Appeal. Appeals from the Court of Appeal go to the House of Lords.

Court of Session The highest civil court in the Scottish legal system. Appeals from the Scottish Employment Appeal Tribunal are heard in the Court of Session and further appeals go from the Court of Session to the House of Lords.

CRB See Criminal Records Bureau.

CRE See Commission for Racial Equality.

Criminal conviction certificate A type of criminal record check designed to reveal convictions at national level that are unspent under the Rehabilitation of Offenders Act 1974. Also known as a basic disclosure.

Criminal Records Bureau An executive agency of the Home Office that provides employers with access to criminal record information through its disclosure service. The disclosure service identifies job applicants' criminal convictions.

Criminal records certificate A type of criminal record check designed to reveal both spent and unspent convictions, as well as details of reprimands, cautions and final warnings. It is available in relation to recruitment into posts that are exempt from the provisions of the Rehabilitation of Offenders Act 1974, including those involving working with the elderly, sick and disabled people, and children. The disclosure also contains information on whether the individual is on lists of those banned from working with children and of those considered unsuitable for working with vulnerable adults. Also known as a standard disclosure.

CS See Court of Session.

CSR See Corporate social responsibility.

CTC See Child Tax Credit.

DBERR See Department for Business, Enterprise and Regulatory Reform.

De facto In fact, or as a matter of fact.

De minimis Lacking significance or importance, or so minor as to be disregarded.

De novo Over again, or as if for the first time.

Declaration An order by a court or tribunal declaring the rights of the parties in relation to the act or matters complained of. For example, declarations can be made under the terms of the Sex Discrimination Act 1975, the Race Relations Act 1976, the Disability Discrimination Act 1995, the Employment Equality (Religion or Belief) Regulations 2003, the Employment Equality (Sexual Orientation) Regulations 2003 and the Employment Equality (Age) Regulations 2006.

Defamation Communication to third parties of false statements about a person that injure the reputation of that person. Defamation can be written, in which case it is known as libel, or verbal, in which case it is known as slander.

Default judgment A tribunal judgment that has been reached without a hearing because the respondent failed to submit a valid response form within the relevant time limit.

Defendant The person or entity against whom proceedings are brought in civil or criminal proceedings.

Defined-benefit pension scheme A type of occupational pension scheme that promises to pay a specific level of pension at retirement. The amount can depend on: how many years an individual has been a member of the scheme; earnings in the years leading up to retirement; and the specific rules of the scheme.

Defined-contribution pension scheme A type of occupational pension scheme into which the employer and employee pay contributions. The contributions are invested into investment funds. The value of the pension depends on: the amount the employer and employee have paid in; the performance of the funds over the time invested; and the rate at which the fund is converted into a pension.

Department for Business, Enterprise and Regulatory Reform The government department responsible for managing employment legislation covering areas such as protection for individual workers, equal opportunities, trade unions and working time and leave. It has replaced the Department of Trade and Industry.

Department for Children, Schools and Families The government department responsible for improving the focus on all aspects of policy affecting children and young people, as part of the government's aim to deliver educational excellence. It is one of two departments that have replaced the Department for Education and Skills, the other being the Department for Innovation, Universities and Skills.

Department for Innovation, Universities and Skills The government department responsible for support innovation across all sectors of the economy, raising and widening participation in higher education, raising participation and attainment by young people and adults in post-16 education and learning, and tackling the skills gap amongst adults, particularly equipping people with basic literacy and numeracy. It is one of two departments that have replaced the Department for Education and Skills, the other being the Department for Children, Schools and Families .

Department for Transport The government department responsible for determining overall transport strategy and overseeing the delivery of a reliable, safe and secure transport system. Its areas of responsibility that affect employers include working time for transport workers and the ban on the use of hand-held mobile phones or similar devices while driving.

Department for Work and Pensions The government department responsible for areas such as pensions and statutory rates such as statutory sick pay and statutory maternity pay.

Dependant An employee's spouse, child or parent, or a person who lives in the same household as the employee (but not by reason of being his or her employee, tenant, lodger or boarder), who reasonably relies on the employee for assistance on an occasion when the person falls ill or is injured or assaulted, or to make arrangements for the provision of care in the event of illness or injury.

Derogation A provision allowing a member state not to implement a European Directive or part of a Directive. Derogations may be permanent or limited in time.

Detriment Something that causes damage, harm, or loss.

Direct discrimination The less favourable treatment of a person because of his or her race, sex, disability, religion or belief, sexual orientation or age. Unlike the other forms of discrimination, direct discrimination on the grounds of age can be justified.

Direct effect The direct enforcement of European Union legislation, without the need for it to be enshrined in the national laws of a member state. An EC Directive is primarily a binding instruction to a member state to introduce particular measures, and will not, as a rule, have direct effect. If a member state fails to introduce implementing legislation, and a Directive is clearly intended to confer rights on individuals, it may have vertical direct effect. This means that individuals will be permitted to enforce the rights against the state and emanations of the state. These include, for example, organisations such as the NHS and certain nationalised industries. Articles of the Treaty establishing the European Community may also have direct effect if they confer rights on individuals clearly, unconditionally and precisely. An example of such a directly effective provision is Article 141, which sets out the right to equal pay for men and women. In the case of Treaty Articles, direct effect is horizontal, which means that they may be enforced by individuals against other private individuals and entities.

Directive European Union legislation that binds member states of the EU and obliges them to introduce domestic legislation to bring it into effect.

Disability A physical or mental impairment that has a substantial and long-term adverse effect on an individual's ability to carry out normal day-to-day activities (Disability Discrimination Act 1995, section 1).

Disability Rights Commission A publicly funded body with a duty to promote equal opportunities for people with disabilities and powers to support individual cases in employment tribunals. It has been replaced by the Commission for Equality and Human Rights.

Disabled Having a physical or mental impairment that has a substantial and long-term adverse effect on an individual's ability to carry out normal day-to-day activities (Disability Discrimination Act 1995, section 1).

Disclosure The arrangements made by the parties of a case to allow mutual exchange and copying of documents.

Discretionary term A term that allows a degree of discretion to change it. The extent of the employee's entitlement and the employer's discretionary power to change a term depends on the drafting.

Discrimination questionnaire A questionnaire used in discrimination proceedings. Under discrimination legislation, a person who considers that he or she may have suffered discrimination may serve a questionnaire on his or her employer to seek information to establish whether or not there has been unlawful discrimination. If the employer fails to respond to the questionnaire, or answers evasively, an employment tribunal may draw adverse inferences.

Dismissal The termination of an individual's employment.

Display screen equipment An alphanumeric or graphic display screen, regardless of the display process involved (Health and Safety (Display Screen Equipment) Regulations 1992, section 1).

Dissenting judgment A minority judgment. In the Court of Appeal or House of Lords, decisions may be either unanimous or majority decisions. If a majority decision, then the decision of the judge or judges whose view does not prevail is known as a dissenting judgment.

Distinguish To identify or explain an earlier decision because of a material difference in the facts of the case.

DCSF See Department for Children, Schools and Families.

DIUS See Department for Innovation, Universities and Skills.

DRC See Disability Rights Commission.

DSE See Display screen equipment.

Due diligence exercise A background check carried out on a company by a prospective buyer before it is acquired. Human resources issues investigated include employees' skills, experience and salaries, and payroll procedures.

DWP See Department for Work and Pensions .

EAT See Employment Appeal Tribunal.

ECHR See European Court of Human Rights.

ECITB See Engineering Construction Industry Training Board.

ECJ See European Court of Justice.

EDT See Effective date of termination.

EEA See European Economic Area .

Effective date of termination The date on which a contract of employment is regarded as having terminated for the purposes of unfair dismissal claims.

Ejusdem generis Of the same kind or class.

Emanation of the state A body, in whatever form, that has been made responsible for providing a public service under the control of the state. Public sector employers such as the police and local authorities are emanations of the state. Directives may confer directly enforceable rights on employees of the state and also on employees of emanations of the state.

Emolument Payment for work under a contract of employment.

Employee An individual who works under a contract of employment.

Employer An individual or entity (for example a company) that employs an employee.

Employers' liability insurance Insurance to enable employers to meet the cost of compensation from claims brought by employees who have been injured or become ill as a result of their work. This type of insurance is governed by the Employers' Liability (Compulsory Insurance) Act 1969.

Employment agency A business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) that provides services (whether by the provision of information or otherwise) for the purpose of finding persons employment with employers or of supplying employers with persons for employment by them (Employment Agencies Act 1973, section 13(2)).

Employment Appeal Tribunal The tribunal that has jurisdiction to hear appeals on points of law from the employment tribunal.

Employment business A business (whether or not carried on with a view to profit and whether or not carried on in conjunction with any other business) that supplies persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity (Employment Agencies Act 1973, section 13(3)).

Employment tribunal A judicial body established to resolve disputes over employment rights. An employment tribunal normally consists of a panel of three, chaired by a legally qualified person. Employment tribunals were known as industrial tribunals until 1998.

Engineering Construction Industry Training Board The training organisation for engineering construction workers in the UK.

Enhanced criminal records certificate A type of criminal record check that is available jointly to the individual and a registered employer and includes a check of local police records. This type of certificate would be appropriate where the work involved a greater degree of contact with children or vulnerable adults, for example, regularly caring for, supervising or training them, or being in sole charge of them. Also known as an enhanced disclosure.

Enhanced disclosure A type of criminal record check that is available jointly to the individual and a registered employer and includes a check of local police records. This type of certificate would be appropriate where the work involved a greater degree of contact with children or vulnerable adults, for example, regularly caring for, supervising or training them, or being in sole charge of them. Also known as an enhanced criminal records certificate.

EOC See Equal Opportunities Commission .

Equal Opportunities Commission A publicly funded body with duties under the Sex Discrimination Act 1975 and Equal Pay Act 1970 to promote equal opportunities between men and women. It has powers to make investigations and fund individual claims. It has been replaced by the Commission for Equality and Human Rights.

ESC See European Economic and Social Committee.

Estoppel A rule of evidence preventing an individual from making an allegation or a denial that contradicts what he or she has previously stated as the truth.

ET See Employment tribunal.

ET1 The form through which a claimant can bring a claim in an employment tribunal. It is also known as a claim form. The form replaced the old IT1 (also known as an originating application) from 1 October 2004, with its use mandatory from 1 October 2005.

ET3 The form through which a respondent can set out his or her response or defence to an employment tribunal claim. It is also known as a response form. The form replaced the old IT3 (also known as a notice of appearance) from 1 October 2004, with its use mandatory from 1 October 2005.

EU See European Union.

European Commission The politically independent arm of the European Union. It has responsibility for proposing EU legislation, policies and programmes, as well as implementing the decisions of the European Parliament and the Council of the European Union.

European Company Statute An EU Regulation that gives existing companies the option of creating a European Company (also known as a Societas Europaea, or SE) that can operate on a Europe-wide basis and be governed by Community law directly applicable in all EU member states (rather than national law).

European Convention on Human Rights An agreement between 41 countries setting out a catalogue of civil and political rights and freedoms. The courts of these countries can consider the provisions of the Convention and national laws are sometimes amended to comply with the Convention.

European Court of Human Rights A court set up to hear cases arising from alleged breaches of the European Convention on Human Rights. Individuals can bring complaints against the 41 countries that have signed up to the Convention.

European Court of Justice The court with highest jurisdiction in matters of European Union law. It ensures that European Union legislation is interpreted and applied in the same way in each member state.

European Economic and Social Committee An assembly established by the Treaty establishing the European Community for European Union member states to consult on matters of social and economic policy.

European Economic Area An area covering the 27 members of the European Union, as well as Iceland, Norway and Liechtenstein.

European Parliament The directly elected legislative arm of the European Union, elected by EU citizens and sitting in Europe-wide political groups that bring together all the main political parties operating in the member states. Its role is to legislate and supervise all EU institutions. It has joint authority with the Council of the European Union over the EU budget.

European Social Fund The main financial tool through which the European Union translates its strategic employment policy aims into action.

European Union An international organisation of 27 European countries formed to reduce trade barriers and increase cooperation among its members. The countries in the European Union are: Austria, Belgium, Bulgaria, Cyprus, the Czech Republic, Denmark, Estonia, Finland, France, Germany, Greece, Hungary, Ireland, Italy, Latvia, Lithuania, Luxembourg, Malta, the Netherlands, Poland, Portugal, Romania, Slovakia, Slovenia, Spain, Sweden and the UK.

European Works Council A body established to inform and consult employees in a Community-scale undertaking or Community-scale group of undertakings.

Eurozone The subset of European Union member states that have adopted the euro, creating a currency union.

EWC See Expected week of childbirth.

EWC See European Works Council.

Ex gratia As a favour, or not compelled by legal right.

Ex officio By virtue of office or position.

Ex parte On behalf of or involving only one party to a legal matter and in the absence of and usually without notice to the other party.

Ex post facto Formulated, enacted, or operating retrospectively.

Exemplary damages Damages over and above those required to compensate the applicant or claimant for losses suffered in order to punish the wrongdoer. They may be awarded in only a limited number of cases, for example some cases involving public sector employees and in certain defamation cases. There are no powers to award exemplary damages for sex or race discrimination. In such cases, however, aggravated damages may be awarded.

Exit interview An interview carried out on the termination of an individual's employment. Reasons for conducting an exit interview include identifying reasons for labour turnover and improvements the organisation can make for the future.

Expected week of childbirth The week in which a pregnant employee's child is expected to be born. Also known as expected week of confinement .

Expected week of confinement The week in which a pregnant employee's child is expected to be born. Also known as expected week of childbirth.

Express contract term A term of the contract which the parties have considered and agreed between themselves. An express term may be recorded in writing or oral.

Fair Employment Tribunal The Northern Ireland tribunal created to adjudicate complaints about discrimination on the grounds of religious belief and/or political opinion in employment.

Family-friendly working Working arrangements that are intended to assist working parents, including the right to request flexible working, and paternity and adoption leave.

FET See Fair Employment Tribunal.

Fiduciary Of, relating to, or involving a confidence or trust.

Final-salary pension scheme A type of occupational pension scheme that promises to pay a specific level of pension at retirement. The amount can depend on: how many years an individual has been a member of the scheme; earnings in the years leading up to retirement; and the specific rules of the scheme.

Fixed-term employee An employee employed on a contract for a defined period. The period may be defined by time (for example, a period of months or years), by reference to the completion of a task, or by reference to a specific event.

Flexible working A permanent change to an employee's terms and conditions relating to: the hours that he or she is required to work; the times that he or she is required to work; and where, as between his or her home and the employer's place of business, he or she is required to work (Employment Rights Act 1996, section 80F). Examples include the working of shorter hours, flexitime, part-time working and permission to work from home.

Flexicurity A balance between flexibility in the workplace (for example flexibility in the regulation of employment relationships and effective policies to support moves into and between jobs) and security on the labour market (for example the enjoyment of job security and good training and career prospects). It is an important issue in EU employment policy and the model has been adopted by some EU countries such as Denmark and the Netherlands.

Flexitime An arrangement whereby employees can choose, within set limits, when to begin and end work.

Force majeure An unexpected or uncontrollable event.

Forum non conveniens A doctrine allowing a court with jurisdiction over a case to dismiss it because the convenience of the parties and the interest of justice would be better served if the case were brought in a court having proper jurisdiction in another venue.

Frustration of contract Termination of a contract in circumstances where, for unexpected reasons, it is no longer possible for the parties to perform their obligations under the contract, without fault on either side. Examples include long-term injury or illness and imprisonment of one of the parties.

Garden leave The practice of requiring an employee not to attend the employer's premises for work during his or her contractual notice period (or until the expiry of a fixed-term contract). Instead, the employee is paid his or her full contractual salary to stay at home. The practice is often used where a senior or key employee resigns in order to join a competitor.

Gender reassignment A process which is undertaken under medical supervision for the purposes of reassigning a person's sex by changing physiological or other characteristics of sex, and includes any part of such a process (Sex Discrimination Act 1975, section 82(1)).

Genuine material factor defence An explanation for a difference in pay that is significant, is the real reason for the difference, and is not connected with the sex of the people doing the jobs. This will be acceptable as a defence against an equal pay claim.

Genuine occupational qualification A specific exception to the general principle that discrimination on the grounds of sex or race discrimination cannot be justified. The list of genuine occupational qualifications is exhaustive, covering for example a situation where a dramatic performance, for reasons of authenticity, calls for a person of a specific sex or racial group.

Genuine occupational requirement A general exception to the principle that discrimination on the grounds of race, sexual orientation, religion or belief or age is not allowed. This applies where, having regard to the nature of the employment or the context in which it is carried out, being of a particular race, etc is a genuine and determining occupational requirement; it is proportionate to apply that requirement in the particular case; and either the person to whom that requirement is applied does not meet it, or the employer is not satisfied, and in all the circumstances it is reasonable for it not to be satisfied, that the person meets it.

Gold plating The practice of exceeding the minimum that is required when implementing EU Directives into national law.

Golden handcuffs A contractual term that makes it unattractive for an employee to leave a jo b, typically a major bonus for which he or she will qualify only if he or she remains in employment.

Golden handshake A lump sum payment to an employee on retirement, or a large lump sum paid to a senior executive on termination of employment.

Golden hello A bonus paid on taking up employment.

Golden parachute A contractual clause entitling a company executive to certain benefits or a lump-sum payment in the event that he or she is dismissed as a result of a business merger or takeover.

GOQ See Genuine occupational qualification .

GOR See Genuine occupational requirement.

Grade drift A process where the relationship between the pay for a group of jobs and the characteristics of the jobs becomes so disconnected that it is no longer representative.

Green Paper A discussion document put forward by the Government, often as a preliminary to a White Paper.

Gross misconduct A serious act of misconduct by an employee justifying dismissal. The types of misconduct that will constitute gross misconduct will vary according to the context, but typically it will include dishonesty, fighting, and sexual or other forms of harassment .

Guarantee payment An amount to which an employee is entitled if he or she is not provided with work throughout a day or shift on which he or she is normally required to work. This could be caused by a decrease in the requirements of the employer's business for work of the kind which the employee is employed to do or any other occurrence affecting the normal working of the employer's business in relation to work of the kind which the employee is employed to do.

Harassment Unwanted conduct that violates a person's dignity or creates an intimidating, hostile, degrading humiliating or offensive environment.

Health and Safety Commission A body that has a remit to protect everyone in Great Britain against risks to health or safety arising out of work activities; conduct and sponsor research; promote training; provide an information and advisory service; and submit proposals for new or revised regulations and Approved Codes of Practice.

Health and Safety Executive The operational arm of the Health and Safety Commission set up to protect the health, safety and welfare of employees and to safeguard others, principally the public, who may be exposed to risk from industry. The Health and Safety Executive's remit is to ensure that risks to people's health and safety from work activities are properly controlled.

Hearsay evidence Evidence based on the reports of others rather than the personal knowledge of a witness. For example, if a witness reports that he or she was told of a remark made by a third party, this constitutes hearsay evidence.

High Court A civil court that has the authority to hear civil cases in England and Wales, including actions for tort and claims for breach of contract.

HL See House of Lords.

Home Office The government department responsible for areas such as immigration and crime. It therefore manages the law relating to employing foreign nationals and job applicants with criminal convictions.

Homeworker A person who carries out his or her duties at home, under either a contract of employment or a contract for services.

Homeworking Work carried out at a worker's home, under either a contract of employment or a contract for services.

House of Lords The upper house of Parliament in the UK. The House of Lords considers legislation, debates issues of importance and provides a forum for government ministers to be questioned. The Committees of the House consider a wide range of issues and produce reports on them. The House of Lords is also the highest court in the UK.

HSC See Health and Safety Commission .

HSE See Health and Safety Executive .

ICR See Industrial Cases Reports.

IiP See Investors in People.

Illegal contract A contract that is either expressly or impliedly prohibited by statute or one with objects that are deemed to be contrary to public policy at common law. For example, a contract is illegal if the parties agree that the employee will be paid 'cash in hand' to avoid tax.

ILO See International Labour Organisation.

Implied term A term that may be read into a contract of employment even though it has not been expressly dealt with. A term may be implied into a contract where: it is necessary to give business efficacy to the contract; it gives effect to an obvious combined intention of the parties; or it is a necessary addition to the expression of the particular relationship between the parties and an implication which completes their contractual arrangements. A term may also be implied into a contract on the basis of custom and practice in a particular trade or industry or in a particular area, if the term is reasonable or fair, notorious or well known, and certain or precise.

Improvement Notice A notice issued by the Health and Safety Executive requiring an employer to remedy a contravention of one of the provisions of the Health and Safety at Work Act 1974 or its related legislation within a specified period.

In toto In total, or altogether.

Incorporated term Terms that are set out somewhere other than the contract of employment, but are incorporated into the contract. Terms of a pension scheme, a policy, a collective agreement or a staff handbook are often incorporated.

Independent trade union A trade union that is not under the domination or control of any employer and is not liable to interference (whether arising out of financial or material support or otherwise) by any employer. Unions can be certified as independent by the Certification Officer.

Indirect discrimination The application of a provision, criterion or practice that is disadvantageous to a particular group because a considerably smaller proportion of that group is able to comply with it. The concept of indirect discrimination is used in the context of discrimination on the grounds of race, sex, religion or belief, sexual orientation and age.

Industrial action Action by workers such as a strike or work to rule as part of a trade dispute.

Industrial Cases Reports A monthly publication containing reports of employment law cases heard by the House of Lords, Court of Appeal, High Court and Employment Appeal Tribunal. Industrial Cases Reports date back to 1972.

Industrial Relations Law Reports A monthly publication from LexisNexis Butterworths containing full reports of leading employment law cases heard by the House of Lords, Court of Appeal, High Court and Employment Appeal Tribunal. Industrial Relations Law Reports date back to 1972.

Industrial tribunal The former name for employment tribunals. Industrial tribunals were renamed employment tribunals in 1998, under the Employment Rights (Dispute Resolution) Act 1998.

Industry training board A board established under the Industrial Training Act 1964 to ensure that people employed in their respective industries receive a standard of training sufficient to enable them to carry out their duties productively, proficiently and safely. Examples include the Construction Industry Training Board (CITB) and Engineering Construction Industry Training Board (ECITB).

Information Commissioner The head of the Information Commissioner's Office, which is a government-funded supervisory body with responsibility for enforcement of the Data Protection Act 1998 and Freedom of Information Act 2000.

Injunction A court order which requires the subject of the order to refrain from a course of action.

Inspection of documents The arrangements made by the parties in a case to allow mutual exchange and copying of documents.

Intellectual property The legal entitlements that are attached to certain types of information, ideas, or other intangibles in their expressed form. Examples of these entitlements include trade marks, patents and copyright .

Inter alia Among other things.

Inter se Between or among themselves.

Interim relief A temporary remedy that can be given by a court or tribunal, until such time as a full hearing takes place. For example, an employer could be ordered to reinstate or re-engage an employee or make an order for the continuation of an employee's contract of employment until the issue is finally resolved at a full tribunal hearing.

International Labour Organisation A United Nations agency for the promotion of social justice and internationally recognised human and labour rights. It formulates conventions and recommendations establishing minimum standards of labour rights such as freedom of association, equality and the abolition of forced labour. It also supplies technical assistance in a number of areas, promotes the development of independent employer and employee organisations and provides training and advice.

International labour standards Conventions, treaties and recommendations designed to regulate against unjust and inhumane labour practices.

Investors in People The Government's national standard for investing in the development of people for organisational and individual success. Introduced in 1993, it is a continuous improvement activity, designed to help organisations of any size or type to achieve their objectives through sound investment in people.

Ipso facto By the fact itself, or by that very fact.

IRLR See Industrial Relations Law Reports .

IT See Industrial tribunal.

IT1 The form through which a claimant used to bring a claim in an employment tribunal. It was also known as an originating application. The IT1 was replaced by the ET1 (also known as the claim form) from 1 October 2004.

IT3 The form through which a respondent used to set out his or her response or defence to an employment tribunal claim. It was also known as a notice of appearance. The IT3 was replaced by the ET3 (also known as the response form) from 1 October 2004.

Job description A description of the duties associated with a particular post.

Job evaluation A study carried out to evaluate the content of a job by reference to factors such as skill, effort and responsibility.

Job share An arrangement whereby two or more part-time workers share the duties of a single job. The job sharers work at different times, although there may be periods of overlap to pass on work-related information.

Job split An arrangement whereby one full-time post is split into two part-time positions. Unlike a job share, the job is split into two distinct posts, with no shared responsibilities and no onus on the individuals to cover for each other.

Joinder The combination of two or more cases, or the addition of additional applicants or respondents to a case with a view to minimising the proliferation of different sets of proceedings dealing with the same issue.

Joint and several liability An obligation for which multiple parties are liable for payment. For example, an employer along with the individual employee who has discriminated against another employee can be found to be jointly and severally liable for that discrimination.

Jurisdiction The extent of the power of a court or tribunal to determine a case.

Jurisprudence The theory or philosophy of law. It is also used as an alternative term for case law.

Law Commission A government-funded, independent body set up to review the law and recommend reforms where needed.

Lay-off The suspension of a contract of employment when work is unavailable. The contract subsists but the employer neither provides the employee with work nor pays him or her under the contract. For the purposes of redundancy payments, the Employment Rights Act 1996, section 147(1) provides that an employee is laid off if he or she is employed under a contract on terms and conditions such that remuneration under the contract depends on the employee being provided by the employer with work of the kind which he or she is employed to do, but he or she is not entitled to any remuneration under the contract in respect of the week because the employer does not provide such work. However, colloquially, most people understand the term to mean redundancy.

Libel Written communication to third parties of false statements about a person that injure the reputation of that person.

Like work The same or broadly similar work, judged by the nature of the work actually being done rather than a job description or title.

Listing rules Rules drawn up and enforced by the Financial Services Authority and applying to companies whose shares are listed on the London Stock Exchange.

London weighting An increase in levels of pay for individuals working in London, to reflect the higher cost of living.

Malfeasance Misconduct or wrongdoing, especially by a public official.

Mandamus A writ issued by a superior court ordering a public official or body or a lower court to perform a specified duty.

Mat B1 A form supplied to a pregnant woman by her GP or midwife as evidence of the expected week of childbirth.

Maternity allowance A state maternity benefit for which an employee who does not qualify for statutory maternity pay may qualify.

Maternity leave (1) Statutory maternity leave: A period of leave available to a pregnant employee. Ordinary maternity leave (a period of up to 26 weeks) is available to every pregnant employee, regardless of length of service. Additional maternity leave (a further period of up to 26 weeks) is available to a pregnant employee with an expected week of childbirth beginning before 1 April 2007 only if she has been continuously employed for 26 weeks or more by the end of the 15^th week before her expected week of childbirth. Additional maternity leave is available to all pregnant employees with an expected week of childbirth beginning on or after 1 April 2007, irrespective of length of service. (2) Contractual maternity leave: A period of leave given to a mother under her contract of employment as a result of the birth of her child.

Maternity pay period The period for which statutory maternity pay is payable, which may be up to 26 weeks for employees with an expected week of childbirth beginning before 1 April 2007. The period for which statutory maternity pay is payable increases to 39 weeks for employees with an expected week of childbirth beginning on or after 1 April 2007.

Mediation The use of a mediator to intervene in a dispute between parties, in order to avoid a tribunal or court case.

Mens rea Criminal intent, or the thoughts and intentions behind a wrongful act.

Mesothelioma A malignant tumor of the mesothelium. The mesothelium is the thin lining on the surface of the body cavities and the organs that are contained within them. Mesothelioma most commonly occurs in the chest cavity and is normally associated with exposure to asbestos.

Milk round A series of visits to universities and colleges by large companies seeking to recruit undergraduates.

Misfeasance Improper and unlawful execution of an act that in itself is lawful and proper.

Mitigation The act of minimising loss. For example, if an employee claiming unfair dismissal has not made reasonable efforts to find alternative employment, the amount of his or her compensation can be reduced.

Mobility clause A contractual term allowing an employer to require an employee to change his or her place of work (on either a permanent or a temporary basis), including changes which would require the employee to relocate.

Money purchase pension scheme A type of occupational pension scheme into which the employer and employee pay contributions. The contributions are invested into investment funds. The value of the pension depends on: the amount the employer and employee have paid in; the performance of the funds over the time invested; and the rate at which the fund is converted into a pension.

Musculoskeletal disorder A muscular or skeletal disorder such as backache, muscular pains in lower and upper limbs, and neck and shoulder pains.

National insurance A compulsory scheme of social security insurance, to which employers, employees and the self-employed must all contribute.

National minimum wage The minimum hourly amount that every employee is entitled to be paid under the National Minimum Wage Act 1998.

Negligence A breach of a legal duty to take care that results in an unintended injury to another party.

New Deal A government scheme aimed at getting unemployed people off benefits and back into work, by closing the gap between the skills employers want and the skills people can offer.

New or expectant mother A woman who is pregnant, one who has given birth within the previous six months, or one who is breastfeeding. 'Given birth' is defined in the Management of Health and Safety at Work Regulations 1999 as 'delivered a living child or, after 24 weeks of pregnancy, a stillborn child'.

NI See National insurance .

Night work Work undertaken during night time. 'Night time', in relation to a worker, means a period the duration of which is not less than seven hours, and which includes the period between midnight and 5 am (Working Time Regulations 1998, section 2(1)).

Night worker A worker who regularly works at least three hours of his or her daily working time during night time (for example on a rotating shift pattern), or who is likely, during night time, to work at least such proportion of his or her annual working time as is specified in a collective or workforce agreement (Working Time Regulations 1998, section 2(1)). 'Night time', in relation to a worker, means a period the duration of which is not less than seven hours, and which includes the period between midnight and 5 am.

Non-discrimination notice A notice issued by the Commission for Equality and Human Rights following a formal investigation that requires a person or organisation to cease a discriminatory practice or practices.

Normal retirement age The age at which an employee may be required to retire from employment, which is established either by an express contractual term or as a matter of practice in a workplace, when the expectations of a group of employees as to retirement age will be taken into account.

Notice of appearance The form through which a respondent used to set out his or her response or defence to an employment tribunal claim. It was also known as an IT3. The notice of appearance was replaced by the response form (also known as the ET3) from 1 October 2004.

Notice The period of warning to be given by a party to terminate an employment contract.

Obiter dictum An opinion voiced by a judge that has only incidental bearing on the case in question and is therefore not binding.

OML See Ordinary maternity leave.

Order for re-engagement An order made by a tribunal that the complainant be engaged by the employer or by a successor of the employer or by an associated employer in employment comparable to that from which he or she was dismissed or other suitable employment (Employment Rights Act 1996, section 115).

Order for reinstatement An order made by a tribunal that the employer shall treat the complainant in all respects as if he or she had not been dismissed (Employment Rights Act 1996, section 114). If a reinstatement order is made the complainant will be entitled to the arrears of pay and benefits that he or she would have received but for the dismissal, together with any rights and privileges, including seniority and pension rights. The complainant must be restored to his or her original job and receive back-pay and benefits from the date of dismissal.

Ordinary adoption leave A period of 26 weeks' leave to which an employee is entitled on the adoption of a child.

Ordinary maternity leave A period of 26 weeks' leave that may begin at any time on or after the beginning of the 11^th week before a pregnant woman's expected week of childbirth.

Originating application The form through which a claimant used to bring a claim in an employment tribunal. It was also known as an IT1. The originating application was replaced by the claim form (also known as the ET1) from 1 October 2004.

Outplacement The practice of helping a redundant employee to find a new job through the use of professional services, including counselling, coaching and use of facilities.

Outsourcing The process of transferring an existing business function to an external provider in order to use outside resources to perform activities previously handled within the organisation.

Outworker A worker who carries out work away from the employer's premises, either at home or in various locations.

Outworking Work carried out away from the employer's premises, either at home or in various locations.

Parental leave (1) Statutory parental leave. A period of 13 weeks' unpaid leave that may be taken by a parent during the first five years of the child's life (or, in the case of an adopted child, up until the child's 18^th birthday or the fifth anniversary of his or her adoption, whichever occurs sooner). Parental leave may be taken in blocks of one week only, unless the child is disabled, subject to a maximum of four weeks' parental leave in any one year. The parents of a disabled child may take up to 18 weeks' parental leave up until the child's 18th birthday. (2) Contractual parental leave. A period of leave given to a parent under his or her contract of employment as a result of the birth of a child.

Part-time worker A worker who is contracted to work for fewer hours than the normal basic full-time hours in the business.

Patent A set of exclusive rights granted by a government to an individual for a fixed period of time in exchange for the regulated, public disclosure of certain details of a device, method, process or substance which is new, inventive, and useful or industrially applicable. When a patent is granted, the invention becomes the property of the individual and others are prevented from making use of it.

Paternity leave (1) Statutory paternity leave: A period of one week's leave or two consecutive weeks' leave available to an employee who is the biological father of a child born or expected to be born on or after 6 April 2003, or the spouse or partner of either sex of the child's mother. The same right extends to an employee of either sex who is the spouse or partner of an individual who has adopted a child, or one of a couple who have jointly adopted a child, where the child is matched or placed for adoption on or after 6 April 2003 or, in the case of a child adopted from overseas, enters Great Britain on or after this date. (2) Contractual paternity leave: A period of leave given to a father under his contract of employment as a result of the birth of his child.

Pay in lieu of notice A payment made to an employee for the period of his or her notice that requires the employee to cease work immediately and not work out his or her notice period.

Payroll giving The giving of money to charity straight from an employee's gross salary, providing immediate tax relief.

Per diem By the day, or per day.

Per incuriam A decision that is reached without due regard to the law or facts.

Period of incapacity for work A period of sickness absence during which an employee is entitled to statutory sick pay . This period arises when an employee has had four or more consecutive calendar days of sickness.

Permanent health insurance Insurance to cover permanent incapacity for work provided by an employer as a benefit for employees. If an employee becomes unable to work, the policy will maintain payments equivalent to a proportion of his or her salary. Entitlement to the benefit will depend on the terms of the policy.

Personal data Data relating to a 'living individual' (an employee) who can be identified from that data or from that and any other information held by the employer (the 'data controller'), or that is likely to come into the employer's possession. It also includes any expression of opinion and any indication of the employer's intentions (or that of any other person within the employing organisation) in respect of that employee (Data Protection Act 1998, section 1(1)).

Personal protective equipment Equipment that is intended to be worn or held by a person at work and that protects that person against one or more risks to his or her safety, and any addition or accessory designed to meet that objective.

PHI See Permanent health insurance.

Picket To carry out activity on a public highway in which workers hope to win support for their case by persuading colleagues to join their strike and to inhibit others, such as suppliers, from assisting their employer in running its business during that strike.

PILON See Pay in lieu of notice.

Pneumoconiosis A disease of the lungs, caused by inhalation of certain materials such as asbestos and silicon.

Positive action Action taken to encourage women or men only, or people from a particular racial group only to take advantage of opportunities for employment if the purpose of such action is to tackle the issue of underrepresentation of women, men or ethnic minority applicants in a particular field. Such action is permissible under the Sex Discrimination Act 1975, Race Relations Act 1976, Employment Equality (Religion or Belief) Regulations 2003, Employment Equality (Sexual Orientation) Regulations 2003 and Employment Equality (Age) Regulations 2006. Examples include stating in the advertisement that applications from women are particularly welcome and using types of media for advertising that are likely to be seen by members of a particular racial or religious group.

Positive discrimination Preferential treatment when considering the selection or promotion of a candidate from a particular minority group, in order to redress an imbalance in the workforce, for example in relation to the gender balance of employees or representation of ethnic minorities. Such preferential treatment is prohibited by the Sex Discrimination Act 1975, Race Relations Act 1976, Employment Equality (Sexual Orientation) Regulations 2003, Employment Equality (Religion or Belief) Regulations 2003 and Employment Equality (Age) Regulations 2006.

Posted worker A worker who, for a limited period, carries out his or her work in the territory of a European Union member state other than the state in which he or she normally works (Posting Workers Abroad Directive, Article 1).

PPE See Personal protective equipment.

Pre-existing agreement An agreement in place before an employee request to negotiate an information and consultation agreement is made and that meets the four criteria set out in the Information and Consultation of Employees Regulations 2004, regulation 8(1). The agreement must: be in writing; cover all the employees in the undertaking; have been approved by the employees; and set out how the employer is to give information to the employees or their representatives and how it will seek their views on this information.

Pre-hearing review A hearing held before a tribunal case begins to determine matters of a preliminary nature, or to issue directions, order payment of a deposit, strike out a claim or response, or consider any oral or written evidence.

Preparation time order A cost award payable to a party who is unrepresented but has spent time preparing for a case in circumstances where the other party's case is misconceived, or where the other side or its representative has behaved vexatiously, abusively, disruptively or otherwise unreasonably.

Price sensitive information Information which would be expected to have an effect on the share price of a company listed on the London Stock Exchange.

Prima facie At first sight, or before closer inspection.

Primary legislation A part of the law passed by Parliament. Once a proposed piece of primary legislation, known as a Bill, has completed its passage through Parliament and receives Royal Assent, it becomes known as an Act of Parliament. It may not immediately take effect, in which case further secondary legislation such as regulations will be required to set the date on which it, or a part of it, comes into force.

Privy Council The final Court of Appeal for a number of Commonwealth countries. The Privy Council also deals with appeals from certain professional bodies such as the General Medical Council.

Pro bono Done without compensation for the public good.

Pro rata In proportion, according to a factor that can be calculated exactly.

Pro tanto To a certain extent, or indicating partial fulfilment.

Procurement The acquisition of goods, works and services from both third parties and in-house providers.

Prohibition Notice A notice issued by the Health and Safety Executive requiring an employer to cease an activity giving rise to a risk of serious personal injury until remedial action specified in an Improvement Notice has been taken.

Protected disclosure A disclosure made by an employee concerning an alleged criminal offence or other wrongdoing that gives that employee the legal right not to be dismissed, selected for redundancy or subjected to any other detriment for having done so.

Protective award An award of up to 90 days' pay which may be made in the event that an employer fails to comply with statutory information and consultation obligations before making 20 or more employees redundant within a 90 day period. It is also awarded for a failure to inform or consult with employees upon the transfer of a business.

Psychological contract The unwritten employment contract that exists between an employer and an employee, based on a set of mutual expectations of behaviour from both parties.

Public holiday A day that the majority of people have off work and that is generally observed as a holiday. Public holidays can be religious, political or historical in origin. For example, bank holidays have historically become widely observed as public holidays in England and Wales. Public holidays can also be set by royal announcement. There is no statutory entitlement to leave or paid leave on public holidays.

Purposive Having or serving a purpose. The term is used by courts and tribunals to refer to an approach to statutory interpretation where the courts look at the intention behind legislation rather than restricting themselves to the literal meaning of the words of the statute.

Qualifying week The week during which an employee must be employed to qualify for statutory maternity pay. This is the 15^th week before the expected week of childbirth.

Rank order The arrangement of jobs according to rank, as a way of informing decisions about pay levels and grading.

Rapporteur A person appointed by a body to investigate an issue or a situation, and report back to that body. It is often used in the context of European and international bodies.

Reasonable adjustment Any step or steps an employer can reasonably take to prevent any provision, criterion or practice, or any physical feature of its premises, from putting a disabled person at a disadvantage in comparison with a non-disabled person.

Recommendation A statement by a tribunal recommending that a respondent take reasonable steps to correct or reduce the adverse effect of its actions on the complainant. A recommendation can also be a European Union measure that has no binding effect but may influence decisions made in UK courts and tribunals.

Recuse To disqualify on grounds such as prejudice or personal involvement.

Red circle To protect the wages of employees whose pay rates under a new job evaluation scheme are lower than the rate they are currently receiving.

Reductio ad absurdum A logical argument that, if followed to its conclusion, would lead to an absurd outcome. This type of argument sometimes arises in courts or tribunals when an argument is put forward that, although acknowledged to be technically correct, is rejected as leading to an unworkable or impossible result.

Redundancy Dismissal on the grounds that an employer has ceased or intends to cease to carry on the business for the purposes for which the employee was employed or to carry on that business in the place where the employee was so employed; or the requirements of the business for employees to carry out work of a particular kind or for employees to carry out work of a particular kind in the place where the employee was employed by the employer have ceased or diminished or are expected to cease or diminish (Employment Rights Act 1996, section 139).

Redundant Dismissed on the grounds that an employer has ceased or intends to cease to carry on the business for the purposes for which the employee was employed or to carry on that business in the place where the employee was so employed; or the requirements of the business for employees to carry out work of a particular kind or for employees to carry out work of a particular kind in the place where the employee was employed by the employer have ceased or diminished or are expected to cease or diminish (Employment Rights Act 1996, section 139).

Regional Office of the Employment Tribunals A regional office that deals with the administration of a geographical group of employment tribunals.

Regulations Secondary legislation that is used to implement a statute, or to take account of particular circumstances or factors emerging during the gradual implementation of a statute.

Relevant transfer The transfer of a business to which the Transfer of Undertakings (Protection of Employment) Regulations 1981 apply. The transfer may be done through a sale, gift, outsourcing, lease or any other method.

Religion or belief Any religion, religious belief or similar philosophical belief (Employment Equality (Religion or Belief) Regulations 2003, section 2(1)). 'Religion' and 'belief' are not defined in the Regulations, but the Government's explanatory memorandum on the Regulations suggests that courts and tribunals may consider factors such as collective worship, clear belief system and profound belief affecting way of life or view of the world.

Remote working Work undertaken away from the normal place of work.

Repetitive strain injury Damage to tendons, nerves and other soft tissues that is caused by the repeated performance of a limited number of physical movements.

Repudiate To refuse to perform a contract according to its terms. Repudiation may be by conduct, verbal or in writing.

Res judicata The principle that a matter that has been adjudicated by a competent court, which has given its final judgment, may not be re-litigated by the parties.

Respondent The person against whom a claim is made in an employment tribunal.

Response form The form through which a respondent can set out his or her response or defence to an employment tribunal claim. It is also known as an ET3. The form replaced the old notice of appearance (also known as an IT3) from 1 October 2004, with its use mandatory from 1 October 2005.

Restrictive covenant A term in an agreement which seeks to restrict one or both of the parties from a course of action. In the context of employment contracts, a restrictive covenant seeks to restrain competition after the termination of employment.

Review hearing A public hearing in which a tribunal chair and/or a full tribunal panel reviews a default judgment, or a decision not to accept a claim or response, or any other judgment (including a wasted costs order).

Risk assessment An examination of the working environment to assess it for potential hazards. A number of pieces of health and safety legislation impose a duty on employers to carry out a risk assessment.

ROET See Regional Office of Employment Tribunals.

Royal assent The assent of the sovereign to a Bill that has been passed by Parliament and thus becomes an Act of Parliament.

RSI See Repetitive strain injury.

Sabbatical A voluntary arrangement whereby an employee takes paid or unpaid time off over and above his or her usual leave entitlement. Sabbaticals are often intended to allow individuals to travel or carry out full-time study.

SAP See Statutory adoption pay.

Secondary legislation Regulations, orders or rules that are used to implement primary legislation, or to take account of particular circumstances or factors emerging during the gradual implementation of primary legislation.

Sector Skills Council An employer-led body with a strategic responsibility to identify and tackle skills, productivity and employability issues for private, public and voluntary organisations.

Self-rostering A system whereby employees have responsibility for scheduling working times to meet the agreed level of staffing and job experience needed to maintain the business.

Separation questionnaire A questionnaire that can be given to an individual on the termination of his or her employment. Motives for asking an individual to complete a separation questionnaire can include identifying reasons for labour turnover and improvements that the organisation can make for the future.

Severance payment A payment made to an employee on the termination of his or her employment.

Sexual orientation A sexual orientation towards persons of the same sex; persons of the opposite sex; or persons of the same sex and of the opposite sex. The Government's explanatory memorandum to the Employment Equality (Sexual Orientation) Regulations 2003 states that, for the purposes of the Regulations, the definition does not extend to sexual practices and preferences, for example sadomasochism and paedophilia.

Shift swapping An arrangement whereby employees can negotiate working times to suit their needs and rearrange shifts among themselves or within teams within a structure.

Shop worker An employee who, under his or her contract of employment, is or may be required to do shop work. 'Shop work' means work in or about a shop on a day on which the shop is open for the serving of customers. The term 'shop' includes any premises where any retail trade or business is carried on (such as department stores, supermarkets, high street shops, off-licences, barber shops, hairdressing premises, hire service shops and auction rooms), but does not include hotels and catering businesses (for example restaurants, cafeterias, public houses and take-away establishments) or the sale of programmes, catalogues and similar items at theatres and places of amusement.

Short-time working A reduction in normal hours of work over a week or month to accommodate a fall in demand for, or over-production of, a product or service.

SI See Statutory instrument.

Simpliciter In a simple degree or manner.

Six-pack regulations A set of health and safety regulations. They are: the Management of Health and Safety at Work Regulations 1999; the the Workplace (Health, Safety and Welfare) Regulations 1992; the Provision and Use of Work Equipment Regulations 1998; the Manual Handling Operations Regulations 1992; the Personal Protective Equipment at Work Regulations 1992; and the Health and Safety (Display Screen Equipment) Regulations 1992.

Slander Verbal communication to third parties of false statements about a person that injure the reputation of that person.

Small or medium-sized enterprise Although there is no universally accepted definition, the Department for Business, Enterprise and Regulatory Reform and the European Union define a small enterprise as one with fewer than 50 employees and a medium-sized enterprise as one with at least 50 but fewer than 250 employees. Large enterprises have 250 or more employees.

SME See Small or medium-sized enterprise.

SMP See Statutory maternity pay.

Solicitation The act of seeking business from a client or customer. The term is used in the context of restrictive covenants.

Some other substantial reason One of the five potentially fair reasons for dismissal (Employment Rights Act 1996, section 98(1)(b)). Examples include personality clashes or a breakdown in the working relationship between employees and a necessary business reorganisation.

SPP See Statutory paternity pay.

SSC See Sector Skills Council.

SSP See Statutory sick pay.

Staggered hours Different employees working within different start and finish times to cover a longer working day.

Standard disclosure A type of criminal record check designed to reveal both spent and unspent convictions, as well as details of reprimands, cautions and final warnings. It is available in relation to recruitment into posts that are exempt from the provisions of the Rehabilitation of Offenders Act 1974, including those involving working with the elderly, sick and disabled people, and children. The disclosure also contains information on whether the individual is on lists of those banned from working with children and of those considered unsuitable for working with vulnerable adults. Also known as a criminal records certificate.

Statute A part of the law passed by Parliament. Once a proposed piece of primary legislation, known as a Bill, has completed its passage through Parliament and receives Royal Assent, it becomes known as a statute. It may not immediately take effect, in which case further statutory instruments such as regulations will be required to set the date on which it, or a part of it, comes into force.

Statutory adoption pay The statutory minimum payment available to an employee on adoption leave.

Statutory instrument Regulations, orders or rules that are used to implement a statute, or to take account of particular circumstances or factors emerging during the gradual implementation of a statute.

Statutory maternity pay The statutory minimum payment available to a woman on maternity leave who satisfies the qualifying requirements.

Statutory paternity pay The statutory minimum payment available to an employee on paternity leave who satisfies the qualifying requirements.

Statutory redundancy payment The statutory minimum payment available to an employee who is made redundant and is entitled to receive a redundancy payment.

Statutory sick pay The statutory minimum payment available to an employee who is unable to work by reason of sickness.

Strike out The dismissal of a claim or a defence to a claim by an employment tribunal or court. Claims and defences may be struck out on a number of grounds, including that they do not show any valid claim or defence.

Subject access request A request made under the Data Protection Act 1998 to see data relating to an individual.

Subrogation The substitution of one person in the place of another as a creditor, the new creditor succeeding to the rights of the former.

Succession planning The practice of ensuring that an employer has enough people with the right skills and leadership potential to step into business-critical positions at the right time.

Sui generis Being the only example of its kind, or unique.

Suitable alternative employment A new job offered to a redundant employee after the employee has been given notice of termination but before his or her original job comes to an end. The new job must begin either immediately after the old job comes to an end or within four weeks of the date of termination of the old job.

Summary dismissal Dismissal without notice. An employer is entitled to dismiss without notice if an employee is in serious breach of contract. This will usually mean that he or she has committed an act of serious misconduct.

Telework Work which takes place at a location remote from the employer's premises, often, but not necessarily, making use of information technology to communicate with the employer's data systems.

Teleworker A worker who carries out his or her duties away from the premises of his or her employer.

Term-time work An arrangement whereby an employee works only during school terms in order to accommodate his or her childcare responsibilities.

Term-time worker A person working under an arrangement whereby an employee works only during school terms in order to accommodate his or her childcare responsibilities.

Time off in lieu Time off that is taken instead of overtime pay by employees working beyond their contractual hours.

TOIL See Time off in lieu.

Tort Damage, injury, or a wrongful act done wilfully, negligently, or in circumstances involving strict liability, but not involving breach of contract, for which a civil suit can be brought.

Tortfeasor A person who commits a tort.

Trade union recognition The process of recognising a trade union for the purposes of collective bargaining, or the state of a trade union being so recognised.

Trades Union Congress A group of affiliated trade unions for the purpose of joint policymaking, lobbying, campaigning and representation.

Transferee An employer that undertakes new business or services from another employer (the transferor).

Transferor An employer that transfers its business or services to another employer (the transferee).

Transfer of undertakings The sale or transfer of the whole or part of an employer's business or undertaking as a going concern to another employer.

TUC See Trades Union Congress.

Ultra vires Acting beyond the scope of one's legal power or authority.

Unfair dismissal The dismissal of an employee for an unfair reason or in an unfair manner. Under the Employment Rights Act 1996, qualifying employees have a right not to be unfairly dismissed from employment.

Unmeasured working time Working time that is not measured or which can be determined by the employee him- or herself.

Upper-limb disorder A disorder that causes pain or discomfort in the conditions in the neck, shoulders, arms, wrists, hands or fingers.

VDU See Visual display unit.

Vexatious Lacking a sufficient ground and serving only to annoy or harass when viewed objectively.

Vibration white finger A condition which affects workers using vibratory, rotating or percussive hand guided power tools. Exposure to such vibration can damage the fingers, hands and arms causing impaired blood circulation, damage to nerve supply and musculoskeletal damage.

Vicarious liability Liability of an employer for the acts of employees. An employer can be liable for acts of employees carried out in the course of their employment which cause injuries to third parties or are discriminatory.

Victimisation Detrimental treatment of a person because he or she has made or proposes to make a complaint of discrimination; bring a discrimination claim; or give evidence in a discrimination claim.

Visual display unit A device for displaying signals on a screen, for example a computer monitor.

Wasted costs order An order that a paid representative pay the whole or part of any party's legal costs because those costs have been incurred as a result of the representative's improper, unreasonable or negligent conduct.

Week's pay A figure which is used for the purpose of making various calculations, including the basic and additional awards for unfair dismissal and statutory redundancy payments.

Whistleblower A person who brings wrongdoing by an employer or other employees to the attention of the public or a government or law enforcement agency.

White collar worker A worker in an office or other professional environment.

White Paper A government document putting forward proposed legislation and general policy statements.

Whole job analysis The process of comparing jobs in their entirety and placing them in a rank order according to their value.

Without prejudice The application of legal privilege to settlement negotiations, so that their content can not be disclosed in evidence in subsequent proceedings. Written documents, such as a letter from a lawyer to a client, can also be headed 'without prejudice'.

Work of equal value Work that can be regarded as being of equal value or worth to the organisation or sector even if the two jobs involve different work. This is judged in terms of the demands on the job holders in terms of effort, skill, decision-making and responsibility.

Work rated as equivalent Work judged to be of equal value under a job evaluation study carried out by an employer independent of any proceedings for equal pay.

Worker An employee (who works under a contract of employment) or one who has any other type of contract (written or unwritten) under which he or she is personally obliged to work or perform services. Those who provide professional services under a professional/client relationship are excluded.

Workforce agreement An agreement between an employer and its workers or an identifiable group of workers (or between the employer and workers elected to represent the interests of the entire workforce or an identifiable group of workers), relating to matters such as the timing of annual holiday, working hours, rest breaks and rest periods.

Working Tax Credit A tax credit available to an individual if he or she is 16 or over and in paid work (including work as a self-employed person) for the required number of hours, and is: a single person; one of a married couple living together; or one of a man and woman living together as if they were married.

Working time Any period of time when a worker is at his or her employer's disposal and carrying out designated duties and activities. Working time includes: working lunches; time spent travelling to and from a client or customer's premises; attendance at employer-sponsored conferences, seminars and job-related training courses; time spent abroad by export managers, sales representatives, engineers and others working for a UK employer; and 'on-call' time during which a worker is required to be at his or her place of work.

Work-life balance The achievement of equality between time spent working and one's personal life.

Work-to-rule The practice of working to the strictest interpretation of the rules as a form of industrial action.

Wrongful dismissal Dismissal of an employee in breach of his or her contract of employment.

Young worker A person aged 16 or 17.

Zero-hours contract An agreement to employ a person, as and when required, to fill a role, but where there is no commitment to any minimum number of working hours.

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GLOSSARY