Glossary

Discrimination against disabled people.

A public body that you need to contact if you want to make a Tribunal claim. Their role is to help settle your claim out of court. Most of the time you need to get a certificate from ACAS before you can make a Tribunal claim.

Another way to describe an ACAS Early Conciliation certificate.

A document setting out the minimum procedure which you and your employer should follow for handling disciplinary or grievance issues.

‍Read the Code on the ACAS website

The number on your ACAS early concilation certificate. You need to put this number into your ET1 claim form if you want to make an Employment Tribunal claim.

A member of staff from ACAS who acts as a go-between to help you settle your case. You need to contact ACAS before you can make a Tribunal claim.

See Early Conciliation

The certificate that ACAS will give you if you do not reach an agreement during the Early Conciliation period.

The Tribunal can increase compensation in some cases by up to 25% if the Respondent has not complied with the ACAS Code of Practice on disciplinary and grievance procedures.

The second block of 26 weeks of your maternity leave. If you take Additional Maternity Leave, your employer has the right to change the job you return to if it's not practical for you to go back to the exact same job, but you must be on the same or better conditions.

Evidence that you can rely upon as part of the Tribunal proceedings.

Discrimination, on the basis of the protected characteristic of age.

See Case Management Agenda.

A type of compensation which you can get in some circumstances where the Respondent's behaviour has been particularly bad.

A policy setting out the responsibilities of employees and managers not to engage in bullying and harassment behaviours. It should also describe how complaints of bullying and harassment should be dealt with. Many employers have such a policy, although it's not mandatory to have one.

An application to a higher decision-maker for the original decision to be changed. For example, an employee can make a grievance appeal if they are not happy with the original grievance decision. The grievance appeal would be heard by someone more senior who was not previously involved in the grievance.

An application which either you or the Respondent can make to the Tribunal, to ask them to order the other side to send specific documents.

An email or letter that you write to the Tribunal if you need to make any changes to your claim after you have submitted your ET1.

A dismissal will be automatically unfair if it is because of one of a list of specified reasons, such as making a flexible working request or being pregnant. Unlike 'ordinary' unfair dismissal, you usually do not need to have 2 years' service to make a claim. See the full list of reasons on the Citizens' Advice website.

Part of the financial compensation that is normally awarded in a successful unfair dismissal claim. The basic award is calculated based on age, length of service and weekly pay.

Where the Department for Work and Pensions stops or delays your benefits for a period of time. This can happen in cases where you have been dismissed for misconduct.

Where either you or your employer breaks a term in your employment contract. You may be able to make a claim in the Employment Tribunal if this happens.

The file of documents that forms the evidence in a case. For example, this could include emails with your employer that show you have been treated unfavourably.

A template document which the Tribunal sends to both you and the Respondent to fill in before the first Preliminary Hearing. It can save time if you can agree on what you say.

Formal instructions that the Tribunal give to you and/or the Respondent during the case, to progress things.

A hearing held towards the beginning of your case, when the timetable for the case is agreed, and the key issues are discussed.

Software which is used by lawyers to manage their cases, documents and communications. Valla is designed to be a case management system for people representing themselves.

A list of all of the different people referred to in a Tribunal case, setting out their name and role.

A document setting out a brief description of each of the events that are relevant to the case, in chronological order.

Cases that decide disputes between individuals and organisations. This includes Employment Tribunal cases. It is distinct from criminal cases, which are generally prosecuted by the state against an individual or organisation.

The Coronavirus Job Retention Scheme - see Furlough.

Another way of describing the ET1.

This means you, the person bringing the claim.

In some discrimination cases, you need to demonstrate that there was a real or hypothetical comparator. This means someone who is in either the same or a similar situation to you, but who doesn’t have your protected characteristic.

The process by which ACAS helps you and the Respondent try to come to an agreement out of court. This might be through Early Conciliation or by helping once you have submitted your ET1.

See ACAS conciliator.

When your employer has conducted themself so badly that you are forced to resign.

The length of time you have worked for your employer under continuous contracts, without having left their employment. Length of continuous service affects various employment rights, such as the right to claim unfair dismissal. Your continuous service keeps running even if you take a different job for the same employer, or if your contract is transferred, for example if your employer is taken over.

The document used to settle a claim out of court through ACAS.

Another way to describe the terms set out in your COT3.

The stage during a Tribunal hearing when your representatives have a chance to ask questions of the Respondent's witnesses, and vice versa.

The law that protects how people use your personal information. It is the UK’s implementation of the General Data Protection Regulation (GDPR).

When you are in some way treated unfairly. This might be any kind of act or omission, for example loss of pay, promotion, or training opportunities, being given work that is deliberately harder or less interesting, unkind behaviour towards you.

When you are treated worse than someone else because of a protected characteristic.

You’re disabled under the Equality Act 2010 if you have a physical or mental impairment that has a ‘substantial’ and ‘long-term’ negative effect on your ability to do normal daily activities.

When you are treated less well or put at a disadvantage for a reason that relates to a disability.

The formal way your employer can deal with concerns about your behaviour - such as concerns about your work, conduct or absence.

A standard step for Tribunal cases where each party is ordered to send each other any documents they have which are relevant to the case.

When you are treated worse than someone else in specific circumstances - for example, for reasons that relate to a protected characteristic.

When you're treated unfairly because of something connected to your disability rather than the disability itself.

When you are asked to leave your job (or in the case of constructive dismissal, you have resigned). This might be for fair reasons, but you might have a valid claim for some kind of unlawful dismissal depending on the reasons for the dismissal and the process your employer followed.

A document is any piece of evidence that relates to your case and might form part of the Hearing Bundle. It might be a text document, or might be an image or screenshot. You can also add audio and video files to the Documents section of Valla.

See Subject Access Request

When ACAS talks to you and the Respondent about your dispute, and tries to help you to come to an agreement out of court.

In most cases, you need to have gone through Early Conciliation before you can submit your ET1. If you are in Early Conciliation, the time limit for submitting your ET1 will be extended.

A type of employment status, where you work under a contract (whether this is written down or not) to perform personally any work or services. It is different to being a worker for various reasons. For example, you are more likely to be an employee than a worker if your employer is obliged to give you work and you are obliged to do the work in return for an agreed wage.

Someone who sits as part of the Tribunal panel and has experience of employee issues, such as a trade union official.

Someone who sits as part of the Tribunal panel and has experience of employer issues, such as HR.

A public body (like a court) which is responsible for handling appeals against decisions made by the Employment Tribunal.

The legal term used to categorise how you are engaged to work. The three main categories of employment status are employee, worker or self-employed. Employment status can decide, in employment law, what your rights are, and what your employer has to do. Employment status is also important for tax purposes, although it's possible to fall into a different employment status category for tax purposes than for employment law purposes.

A public body (like a court) that decides legal cases about employment law.

A payment which might be made to you by your employer, if they decide to pay you at a higher rate than statutory redundancy pay.

An area of law which means that men and women in the same employment performing equal work must receive equal pay, unless there is a justification for the difference. This is set out in the Equality Act 2010.

A law which applies to prohibit discrimination related to protected characteristics.

The legal form which you complete and submit to the Tribunal to start your claim.

‍Access the ET1 form on the Government website

The legal form which the Respondent completes and submits to the Tribunal to respond to your claim (ET1).

‍Access the ET3 form on the Government website

A sum of money that your employer pays you as part of a settlement, that they are not contractually obliged to pay you under your employment contract.

A type of witness with specific expertise, who comments on a specific issue relevant to your claim (for example, a medical expert such as a specialist consultant doctor).

When your employer has breached their duty to make reasonable adjustments. This is a type of disability discrimination.

A hearing at which the Tribunal decides whether you have won your claim, or part of your claim.

A way of working that suits an employee’s needs, for example, having flexible start and finish times, or working from home. You have a legal right to make a flexible working request and your employer must deal with this reasonably.

Where you ask your employer to change your working hours or location to suit your needs. See Statutory flexible working request and Non-statutory flexible working request.

When you raise a grievance under the formal stage of a grievance procedure.

How to raise a formal grievance

The furlough scheme in the UK started in March 2020 when restrictions were introduced around the Covid-19 pandemic. It ended in September 2021. It gave government funding to businesses so that they could continue paying up to 80% of people's salary when they weren't able to work due to the pandemic - subject to certain guidelines. It was formally named the Coronavirus Job Retention Scheme (CJRS).

Where more information about a claim is provided by either the Respondent or the Claimant. Often this is because one side has asked for more details.

The General Data Protection Regulation - a law which relates to privacy and how your employer should deal with your personal data.

A certificate which trans people can apply for under the Gender Recognition Act 2004. The certificate shows that they have satisfied the criteria for legal recognition in their acquired gender.

A complaint which you make to your employer under the employer's grievance procedure.

‍How to raise a grievance

The letter that you send to your employer to appeal against the outcome of a grievance.

A letter that you send to your employer to formally raise a grievance.

A meeting with your employer to talk about, and try to resolve, your grievance.

A document that sets out the process for raising a grievance, and how your employer should respond to the grievance.

When an employee has committed serious wrongdoing, such as theft or violent behaviour. In these circumstances, an employer could summarily dismiss them, as long as they follow a fair procedure.

Behaviour that relates to a protected characteristic and is unwanted. This behaviour must make you feel, or be intended to make you feel, intimidated, degraded, or offended. Note that there is a separate definition for sexual harassment.

See Bundle.

When a Tribunal hearing is part in-person, part remote - for example, if one of the witnesses dials into an in-person hearing using video conferencing.

A working pattern where you split your time between coming into work and working remotely.

Evidence that you are not permitted to rely upon as part of the Tribunal proceedings.

Where there is a rule, a practice, or an arrangement which puts you at a particular disadvantage compared to others in a way that relates to a protected characteristic.

In Northern Ireland, Employment Tribunals are known as Industrial Tribunals. As employment law is devolved in Northern Ireland, our guidance at Valla is only for England, Scotland and Wales.

Where a grievance is raised informally, for example by speaking to a manager about a complaint.

Compensation which you can be awarded when you have been hurt or distressed because you have been discriminated against.

A person whose biological attributes do not match with traditional assumptions as to what is male or female. They may identify as male, female or non-binary.

See Tribunal judge.

The Tribunal's decision, which is usually given in writing. It may also be given orally at the hearing.

A document which includes the written judgment as well as the Tribunal's detailed reasons for reaching their decision.

An optional step in the Employment Tribunal process where a Judge tries to help the parties come to a settlement.

Laws (such as the Equality Act 2010) which are made by Parliament.

Discrimination, on the basis of the protected characteristic of sexual orientation.

The initial list that the Tribunal will normally ask you to produce, which sets out a description all of the documents which you are relying upon or are which are relevant to your case (usually in chronological order).

Someone who goes to Tribunal without legal representation from a solicitor or barrister.