It’s important to understand A-Z of HR acronyms, terms and phrases to give you more confidence when discussing employment law with senior management, employees, workers and related services like tax, wellbeing, compliance, health and safety.
So we’ve written a definitive guide to enable you to understand the A-Z of HR Terms Simply click on the relevant starting letter below to move to that section.
A
Absence – When an employee or worker is off work, which can be for a variety of reasons.
ACAS – The Advisory, Conciliation and Arbitration Service is a Crown non-departmental public body of the Government of the United Kingdom. They try to resolve disputes before they reach the Employment Tribunal.
Additional Adoption Leave – Out of the 52 weeks’ that an employee can take on Adoption Leave, the last 26 are known as ‘Additional Adoption Leave’.
Additional Award – Compensation awarded to a successful claimant in an unfair dismissal claim if an employer does not comply with a reinstatement or re-engagement order.
Additional Maternity Leave – Out of the 52 weeks’ that an employee can take on Maternity Leave, the last 26 are known as ‘Additional Maternity Leave’.
Adoption Leave – Statutory Leave that an employee can take for adopting a child.
Adoption Pay – Statutory Adoption Pay is paid for up to 39 weeks. It is made up of 2 parts: 90% of your earnings for the 1st 6 weeks. Then Statutory Adoption Pay for the remaining 33 weeks. If your 90% is lower than the current Statutory Adoption Pay rate, then you will get this lower figure for the full 39 weeks.
Age Discrimination – Where an individual is treated less favourably due to their age in breach of the Equality Act 2010.
Agency Worker – An individual contracted from an Agency to carry out work for a business, but not being directly employed by that business.
Annual Leave – Annual leave is paid time off work granted by employers to employees & workers. In the UK, the statutory minimum is 5.6 weeks.
Antenatal Care – The right to paid time off for antenatal appointments. You can take paid time off for appointments in your normal working hours.
Appeal – A process undertaken when an employee doesn’t agree with the original decision given by the company. This is generally following a Disciplinary or Grievance procedure.
Appraisal – A process to feedback to an employee / worker how their performance is coming along. This process can highlight the good areas, and areas where improvements are needed.
Apprentice – An apprenticeship is a system of training a new generation of practitioners of a trade or profession with on-the-job training and often some accompanying study.
Assertion of Statutory Right – Asking for what you’re entitled to by law.
Associative Discrimination – Associative discrimination is the act of discriminating against an individual because of an association with another person who has a protected characteristic under the Equality Act 2010.
Automatic Enrolment – Every employer with at least one member of staff has duties, including enrolling those who are eligible into a workplace pension scheme and contributing towards it.
Automatic Unfair Dismissal – A dismissal that occurred for a number of reasons that are protected by legislation.
B
Ballot – A vote taken by Union members when Trade Union matters are being discussed, such as negotiations, striking etc.
Bank Holidays – A bank holiday is a national public holiday in the United Kingdom and the Crown dependencies.
Basic Award – A Basic Award is a financial award made by an Employment Tribunal where a claim for unfair dismissal is successful.
Bereavement Leave – Anyone classed as an employee has the right to time off if a dependant dies. The law does not say how much time can be taken off if a dependant dies. It simply says the amount should be ‘reasonable’. From 6 April 2020, employees have a right to 2 weeks off if their child dies under the age of 18 or are stillborn after 24 weeks of pregnancy. This is called ‘parental bereavement leave’.
Breach of Contract (BoC) – A breach of contract occurs when one party in an agreement fails to uphold their obligations as defined by the contract. A contract doesn’t have to be written to be binding. A verbal agreement can be as binding.
Bumping – Bumping is where you have chosen the employee who is chosen for redundancy, but you then make to preserve his/her employment by bumping out someone else.
Burchell Test – This test considers the assessment of reasonableness of an employer’s actions when dismissing an employee. This is an important test, especially in cases of Gross Misconduct.
C
Capability – This relates to an employee / worker’s performance when carrying out their duties for the business.
Case Management – A case management order (CMO) will be issued following the acceptance of an ET1 by an Employment Tribunal (ET) setting out standard directions, together with time limits for compliance with those directions.
Casual Worker – A worker who are not part of the permanent workforce, but who supply services on an irregular or flexible basis.
Claimant – An employee or worker who has lodged a claim to the Employment Tribunal (ET).
Collective Agreement – A written contract negotiated between a business and a Trade Union representing employees.
Collective Consultation – A process under which a business has to consult staff representatives as opposed to consulting with them individually.
Collective Redundancy – The term used to describe when a business is making 20 or more individuals redundant. This requires Collective Consultation.
Compensatory Award – The financial reward that is awarded after a successful claim for unfair dismissal to compensate the individual for financial losses because of the dismissal.
Compulsory Maternity Leave – This is two weeks of maternity leave, or four weeks if they work in a factory, following the birth of their baby that is mandatory.
Conduct – This covers the behaviour of an employee / worker when representing the company.
Constructive Unfair Dismissal – Where an employee resigns following the actions of the business that have become unreasonable and has 2 years’ service to bring such a claim before the Employment Tribunal.
Consultation – A process where the business consults with staff for upcoming situations, whether this is TUPE, Redundancy and Variation of Terms and Conditions to name a few.
Continuous Employment – Working for the same employer without a break, or with short breaks that don’t interrupt continuity of employment.
Contract of Employment – A contract setting out the terms and conditions to the employee / worker. As of 6th April 2020, this became a day 1 right under The Good Work Plan.
Costs Warning – A cost warning is a process for either the Claimant or Respondent of an Employment Tribunal claim to ask the Court to cover their legal fees as they believe the other party had no reasonable prospect of success in either their claim or defence.
COT3 – A COT3 is a legally binding agreement to settle actual or potential claims in the Employment Tribunal. This is usually actions at Early Conciliation with ACAS.
Court of Appeal – This is the 3rd Tier of Employment Courts that sit above the Employment Appeal Tribunal.
Custom and Practice – A long-standing occurrence that is continuously applied in the business, which is then acknowledged and expected by all. This can create new terms and conditions if it continues for a sustained period of time.
D
Data Protection – This controls how your personal information is used by organisations, businesses or the Government.
Data Subject – This refers to an individual who can be identified from data held by organisations, businesses or the Government.
Direct Discrimination – When someone is treated unfairly because of a protected characteristic
Disability – For the purposes of Employment Law, a disability is a condition that meets 2 criterion: 1) you have a physical or mental impairment, 2) that impairment has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities
Disability Discrimination – When an individual is treated less favourably or put at a disadvantage for a reason that relates to their disability
Disciplinary – A formal process that a business may undertake against an employee. Typically for their conduct when representing the business.
Disclosure and Barring Service – The Disclosure and Barring Service (DBS) helps employers make safer recruitment decisions and prevent unsuitable people from working with vulnerable groups, including children.
Discrimination – The actions of treating someone less favourably due to a characteristic as outlined in the Equality Act 2010.
Dismissal – The termination by a business of a contract either of a worker or employee.
Duty of Care – This is the legal obligation placed on businesses to ensure the safety or well-being of staff and others.
Duty of Fidelity – The duty of fidelity is owed by all employees to their employer to act in good faith. The duty of fidelity requires an employee to have regard to their employer’s interests, which is different from the Duty of Fiduciary.
Duty of Fiduciary – A fiduciary duty requires an employee to act in the interests of their employer.
E
EAP – Employee Assistance Programme is a service, typically provided by an external organisation to your Employer, that supports employees with personal issues. Support can be delivered through a range of interventions including counselling, mentoring, coaching or assessments, with the aim to assist employees suffering from specific situations or mental health concerns, that are effecting an individuals performance in the workplace.
Early Conciliation – Early Conciliation is a process which intends to help resolve workplace disputes without the need to go to the Employment Tribunal through ACAS.
Effective Date of Termination – The last day that the employee is employed and their contract is terminated.
Employee – A person employed for wages or salary.
Employee Liability Information (ELI) – Information that is passed from the transferor to the transferee during TUPE process. It must contain specific information under TUPE Regulations.
Employment Appeal Tribunal (EAT) – This is the 2nd Tier of Employment Courts that sit above the Employment Tribunal.
Employment Contracts – A contract setting out the terms and conditions to the employee / worker. As of 6th April 2020, this became a day 1 right under The Good Work Plan.
Employment Law – The laws that regulate the relationship between businesses and employees / workers.
Employment Relations Act 1999 – The Employment Relations Act 1999 is an Act of Parliament of the United Kingdom. It made significant amendments in UK labour law to the Trade Union and Labour Relations Act 1992.
Employment Rights Act 1996 – The Employment Rights Act 1996 is a United Kingdom Act of Parliament passed by the Conservative government to codify existing law on individual rights in UK labour law.
Employment Status – This defines the rights and responsibilities of both parties in the employment relationship. This is an area of contention in the UK as of 2020 with notable cases going through the Courts to define each Employment Status.
Employment Tribunal (ET) – This is the 1st Tier of Employment Courts that a claim goes through should the matter not be resolved through ACAS and Early Conciliation.
Equal Pay – Equal pay means that men and women in the same employment performing equal work must receive equal pay, as set out in the Equality Act 2010.
Equality Act 2010 – The Equality Act 2010 is an Act of Parliament of the United Kingdom with the primary purpose of consolidating, updating and supplementing the numerous prior Acts and Regulations, that formed the basis of anti-discrimination law in Great Britain.
Equality and Human Rights Commission (EHRC) – The Equality and Human Rights Commission is a non-departmental public body in England and Wales, established by the Equality Act 2006 with effect from 1 October 2007. The Commission has responsibility for the promotion and enforcement of equality and non-discrimination laws in England, Scotland and Wales.
ET1 – The form to make a claim against a business through an Employment Tribunal after Early Conciliation has been unsuccessful.
ET3 – This lays out the defence of the business to the claim made under an ET1.
ETO Reason – Economical, Technical or Organisational reason used by a business to formulate a business case in order to make changes to staff or terms and conditions.
Ex-gratia Payment – An ex-gratia payment is a payment made by an employer where there is no contractual obligation to do so. Generally associated with Settlement Agreements.
Express Terms – These are the terms that have been specifically mentioned and agreed by both parties at the time a contract is made. They can either be oral or in writing.
F
Family Friendly Rights – Family friendly rights include maternity, paternity and parental leave and rights for employees and workers.
Fixed Term Contract – A contract of employment that has a fixed time period before the contract will come to an end.
Flexible Furlough Scheme – Introduced during the COVID-19 Pandemic to support businesses with up to 80% of staff salaries.
Flexible Working – The ability for an employee to work flexibly with their employer, be that reduced hours or from a different location of work i.e. homeworking.
Flexible Working Request – A statutory right for employees to request flexible working once they have been employed for 26 weeks with a business. A business only needs to consider 1 request per year.
Frustration of Contract – This is when is a contract that, subsequent to its formation, is incapable of being performed due to an unforeseen event.
Full time worker – Usually someone who is contracted to work 35 hours or more for an employer.
Furlough – This is a leave of absence granted to a worker or employee.
G
Garden Leave – This is the practice whereby an employee leaving a job — having resigned or otherwise had their employment terminated — is instructed to stay away from work during the notice period, while remaining on the payroll.
GDPR – The General Data Protection Regulation is a regulation in EU law on data protection and privacy in the European Union and the European Economic Area.
Gender Pay Gap Reporting –This is legislation that requires employers with 250 or more employees to publish statutory calculations every year showing how large the pay gap is between their male and female employees.
Gratuities – This is generally a sum of money customarily given by a client or customer to certain service sector workers for the service they have performed.
Grievance – This is where an employee raises a concern of unfair treatment, either from a colleague or the business for the business to address the matter.
Gross Misconduct – An act of Gross Misconduct is a fundamental breach of the employment relationship that gives cause to the employer terminating the employees contract of employment with immediate effect and no notice.
Grounds of Appeal – The points on which you are making an appeal of the original decision that has been reached by the business.
H
Handbook – This is a document that communicates a company’s mission, policies, procedures and expectations. Employers give this to employees to clarify their rights and responsibilities whilst they’re employed with the company.
Harassment – This is when an individual engages in unwanted conduct against another individual related to a relevant protected characteristic
Health Questionnaire – A medical questionnaire is filled out by an employee in order to determine whether or not they are medically able to take part in a specific activity.
Heat of the Moment – When an individual makes a decision when they are upset or angry without thinking it through, therefore ‘in the heat of the moment’.
Holiday Entitlement – This is paid time off work granted by employers to employees & workers. In the UK, the statutory minimum is 5.6 weeks.
Holiday Pay – The pay that an employee is paid whilst on annual / taking holiday. The calculation was updated for a 52-reference period under The Good Work Plan on the 6th April 2020. There has also been case law around voluntary and mandatory overtime, as well as calculation for commission.
I
Ill-Health – When an individual is suffering from a physical or mental condition.
Implied Term – These are words or provisions that a court assumes were intended to be included in a contract.
Incapability – Generally used when an employee is incapable of carrying out their role. This can be due to a medical condition, or their own ability to do the role. In Employment Law, it generally refers to a long-term medical condition.
Indirect Discrimination – This is when there’s a provision, criterion or practice (PCP) which applies to everyone in the same way, but it has a worse effect on some people than others.
Industrial Action – Generally used by Trade Unions in a workplace to show the dissatisfaction of staff. This can be through strikes, slowdowns or work to rule.
Industrial Tribunal – The Court used to deal with Employment matters in Norther Ireland, whereas in Great Britain it is the Employment Tribunal.
Information Commissioner’s Office (ICO) – The ICO is the independent regulatory office in charge of upholding information rights in the interest of the public. It oversees the GDPR.
Injury to Feelings – This is a claim that can be made as part of a discrimination claim. It is a claim for compensation for the upset, distress, or anxiety that a worker might have suffered because of discrimination.
Interview – A formal meeting when an applicant applies for a role within a business.
Investigation – An internal process that a business may enact to understand what has occurred in a certain situation. The investigation could be the interviewing of witnesses, or even gathering evidence such as CCTV.
IR35 – This is a piece of legislation that allows HMRC to collect additional payment where a contractor is an employee in all but name.
J
Judicial Assessment – This is a process whereby an employment judge can consider a submitted claim and provide an impartial assessment on the strengths and weaknesses of that claim.
Jurisdiction – This is the legal power bestowed on Courts to make legal decisions and judgments. Employment Law in the UK is split into multiple groups: Great Britain and Northern Ireland, England and Wales / Scotland and Northern Ireland.
Jury Service Attendance – The requirement for an employee to become a juror. There is no obligation for the employer to pay the employee during this time. Instead, the employee can claim the loss of earnings and some expenses from the Courts.
K
L
Last in First Out (LIFO) – This is a method sometimes applied in a redundancy situation to select those with the shortest amount of service. There is risk of indirect age discrimination if applied in the wrong way.
Last Straw – This is an event that is the last in a series of events that leads to an individual thinking enough is enough. This generally occurs in the lead up to an employee’s resignation from a business.
Lay Off / Short Time Working (LOST) – This is an option that businesses sometimes take when there is a reduction in work, to either lay off staff (give them no work) for a period or time, or reduce their working hours until work has picked up again.
Less Favourable Treatment – This is where an individual is treated worse than another person. If due to a protected characteristic, this can give rise to a discrimination claim.
Living Wage – This is defined as the minimum income necessary for a worker to meet their basic needs and maintain a normal standard of living.
Long Service – This refers to when an employee has 2 years’ service in Great Britain, 1 year in Northern Ireland and therefore gains enhanced employment rights and protections.
M
Marital Status Discrimination – This is when someone is treated unfairly or is bullied because of their marital status or their assumed marital status.
MAT B1 Form – This is a form from the government providing medical evidence of pregnancy and the baby’s due date. It is filled in by the pregnant woman’s doctor or midwife and issued to her after 20 weeks of pregnancy.
Maternity Leave – All employed pregnant women are entitled to 52 weeks of maternity leave no matter how long they’ve worked for their employer. This is made up of 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave.
Maternity Pay – Statutory Maternity Pay (SMP) is paid for up to 39 weeks. It is made up of 2 parts: 90% of your earnings for the 1st 6 weeks. Then Statutory Maternity Pay for the remaining 33 weeks. If your 90% is lower than the current SMP rate, then you will get this lower figure for the full 39 weeks.
Mediation – This is a method of dealing with internal issues as they arrive before a full Grievance procedure is enacted.
Misconduct – An act of misconduct is unacceptable or improper behaviour from an employee / worker.
Mobility Clause – This is a contractual term allows the employer to shift the location of work of the employee to another location.
N
National Minimum Wage – This is the minimum that an employee or worker must be paid by a business for work undertaken. This amount changes across age groups and is set by the Government each year.
NI Contributions – This is taken from an individual on their earned income and essentially helps to build their entitlement to certain state benefits, such as the State Pension and Maternity Allowance (if applicable).
Night Work – Staff who regularly work at least 3 hours during the ‘night period’ are night workers. The night period is 11pm to 6am, unless the worker and employer agree a different night period.
Notice Pay – The pay owed to an individual during their notice period. This can be whether they work their notice, are placed on Garden Leave or the employer decides to Pay In Lieu of Notice.
Notice Period – The notice period that is required to be given by either party to bring the relationship to an end. If no contract is in place (which would be a breach Section 1 of the Employment Rights Act 1996), then it reverts to Statutory which is 1 week per year of service.
O
Offer of Employment – A formal offering of employment from the business to an individual. This is usually carried out with an offer letter that outlines the main terms and conditions of the employment offer.
On-Call Worker – When an employee / worker is required to be available for work outside of their normal working hours at short notice. There is complex case law over what needs to be paid for On-Call Workers depending on the working relationship.
Opt-In – Choosing to opt into a scheme. Generally used for Pensions, Sunday Working and 48-hour working limit.
Opt-Out – Choosing to opt out of a scheme. Generally used for Pensions, Sunday Working and 48-hour working limit.
Ordinary Adoption Leave – Employees can take up to 52 weeks’ Statutory Adoption Leave. The first 26 weeks is known as ‘Ordinary Adoption Leave’, the last 26 weeks as ‘Additional Adoption Leave’. Leave can start on the date the child starts living with the employee or up to 14 days before the expected placement date.
Ordinary Maternity Leave – All employed pregnant women are entitled to 52 weeks of maternity leave no matter how long they’ve worked for their employer. This is made up of 26 weeks of ordinary maternity leave and 26 weeks of additional maternity leave.
Overpayment – When an employee or worker has been overpaid by the employer, this is typically referred to as an overpayment, and can be taken back on the next payday without worrying about bringing the employee/worker below the National Minimum Wage.
Overtime – Time worked above contractual hours by an employee/worker. There has been case law connecting overtime worked, either voluntary or mandatory, and the holiday pays that an employee/worker is entitled to.
P
P45 – A P45 provides your new employer with details of how much taxable salary you’ve paid over the course of the current tax year, along with how much has been deducted, and your tax code at the time of leaving your last job.
Parental Bereavement Leave – From 6 April 2020, employees have a right to 2 weeks off if their child dies under the age of 18 or are stillborn after 24 weeks of pregnancy.
Parental leave – Parental leave is unpaid time an employee can take off to spend with their children. They are entitled to 18 weeks’ leave for each child and adopted child, up to their 18th birthday.
Part-Time Worker – Someone who works fewer hours than a full-time worker. There is no specific number of hours that makes someone full or part-time, but a full-time worker will usually work 35 hours or more a week.
Paternity Leave – New father’s are entitled to 1 or 2 weeks leave when their child is born.
Pay – What an employee or worker is paid for carrying on work on behalf of an employer.
Pay In Lieu Of Notice (PILON) – Upon the termination of a contract of employment, either through resignation or dismissal, an employer, if they have the contractual right to do so, may pay out the notice to bring forward the termination date.
PAYE –This is HM Revenue and Customs’ (HMRC) system to collect Income Tax and National Insurance from employment at the source.
Pension – Pension’s refer to the monies that individuals can claim when they retire from employment at the relevant age. Pension’s can be private or public.
Pensions Regulator – The Pensions Regulator is a non-departmental public body which regulates work-based pension schemes in the United Kingdom.
Perceptive Discrimination – This refers to discrimination based on a perception that an individual is a member of a relevant protected group.
Performance – This refers to an individual’s ability to carry out their role to the required standard. This can be managed through Capability procedures.
Personnel File – This is the employees and the employers complete record of their relationship together. It contains a history from job application right the way through to the exit interview, termination of employment or even retirement.
Place of Work – This is the location that has been agreed the employee will carry out work for the employer. In some roles, there is no predefined place of work due to the work moving from site to site.
Policies and Procedures – These are designed to influence and determine all major decisions and actions by the employer, and all activities take place within the boundaries set by them.
Polkey Reduction – A Polkey deduction can occur when an employer has been found to have acted unfairly in dismissing an employee by failing to follow correct procedure. The compensatory amount can be reduced depending on the employees conduct in the case, up to 100% if it was inevitable they would have been dismissed.
Post Termination Obligations – Restrictive Covenants and non-compete clauses (sometimes known as post-termination restrictions) are clauses within a contract of employment or a Settlement Agreement which prevent a leaving employee from taking clients or key employees from their former employer, or working for a competitor amongst other clauses.
Pregnancy / Pregnant Employee – An employee that has discovered that they are pregnant and notify their employer. A risk assessment needs to be carried out by the company to ensure a safe working environment and practices are in place.
Preliminary Hearing – A preliminary hearing takes place before the main Employment Tribunal hearing. It helps the judge understand your case and plan for the main hearing.
Probation Period – The period of time that an employer will monitor the suitability of an employee for the position that they have hired for.
Protected Conversations – “Protected conversations”, or “pre-termination negotiations” as they are sometimes called, provide both employers and employees with an off-the-record forum for confidential discussions to explore the possibility of parting ways on mutually agreeable terms.
Protected Disclosure – A qualifying disclosure, or “Whistleblowing”, which is made by a worker and fulfills certain requirements under the Public Interest Disclosure Act 1998. Workers who make a protected disclosure are protected against dismissal and victimization in respect of the disclosure.
Protective Award – This is compensation awarded by an Employment Tribunal because an employer did not consult with an employee before they were made redundant. An employee is only entitled to get this payment if they or their job role was included in the tribunal judgment.
Q
Qualifying Days – These are the days that an employee normally works and are classed as qualifying days. For the purposes of Statutory Sick Pay (SSP), the first 3 days of sickness are qualifying days and do not entitle the employee to SSP. SSP kickstarts from day 4, unless there is a bridge between the previous absence within 8 weeks.
Qualifying Disclosure – These are where the worker reasonably believes that the disclosure is being made in the public interest and at least one ‘relevant failure’ is currently happening, took place in the past or is likely to happen in the future.
Qualifying Period – This is the length of service you require in order to bring forward certain claims to an Employment or Industrial Tribunal. In Great Britain, the qualifying period is 2 years. In Northern Ireland, it is 1 year.
R
Race Discrimination – This is any discrimination against individuals on the basis of their skin colour, or racial or ethnic origin.
Reasonable Adjustments – This is a change to remove or reduce the effect of an employee’s disability so they can do their job or a job applicant’s disability when applying for a job. It can also apply to changes being made to support pregnant employees.
Recruitment – The process of bringing in new employees to the business.
Redundancy – This is where there has been a reduction is the work that is available to a workforce. The employer may then decide to reduce headcount or restructure the business.
References – This is where a new employer will ask for feedback, generally from past employers of a new employee they are taking on board to ensure they have made the right choice.
Religion or Belief Discrimination – This is when you are treated differently because of your religion or belief, or lack of religion or belief, in one of the situations covered by the Equality Act.
Relocation – This is when an employer chooses to relocate an employee to an alternative place of work than was originally outlined on the contract of employment.
Remedies – Generally referring to a financial compensation that an Employment Tribunal may award a Claimant who has been successful in their claim.
Renumeration – What an employee or worker is paid for carrying on work on behalf of an employer.
Resignation – When an employee decides that they wish to leave their current position with their employer.
Respondent – This is the individual / business that is defending a claim against them at an Employment / Industrial Tribunal.
Rest Periods – This is a time interval during which there is a temporary cessation of work carried out between shifts by a worker / employee. Generally speaking, in the UK this is 11 hours between shits (although there can be instances where this is less).
Restrictive Covenants – Restrictive Covenants and non-compete clauses (sometimes known as post-termination restrictions) are clauses within a contract of employment or a Settlement Agreement which prevent a leaving employee from taking clients or key employees from their former employer, or working for a competitor amongst other clauses.
Retirement – When an employee / worker has reached an eligible age or financial security to retire from working life.
Return To Work – When an employee / worker returns to work following a period of absence. The most common is when they have been off sick and a return to work interview is carried out.
Review – A process to feedback to an employee / worker how their performance is coming along. This process can highlight the good areas, and areas where improvements are needed.
Right To Work – This is the legal right for a worker / employee to work in the UK by providing the appropriate documentation.
Risk Assessment – This is a systematic examination of a task, job or process that needs to be carried out at work for the purpose of identifying the significant hazards, the risk of someone being harmed and deciding what further control measures an employer must take to reduce the risk to an acceptable level.
S
Salary – What an employee or worker is paid for carrying on work on behalf of an employer.
Section 111A – Section 111A of the Employment Rights Act 1996 enables confidential conversations to take place between employer and employee, with the end objective to reach an agreement to bring the relationship to a mutual conclusion.
Self-Employed – An employment status whereby the individual works for themselves and is engaged by the business to carry out work on a business to business arrangement rather than an employment one. This is being looked at very closely due to the implications of IR35.
Service Provision Change – This is a situation on a TUPE transfer in which activities cease to be carried out by a contractor on a client’s behalf and are carried out instead by a subsequent contractor on the client’s behalf.
Settlement Agreement – This is a legally binding contract between employer and employee which settles claims that the employee may have against their employer. A settlement agreement is usually used in connection with ending the employment, but it doesn’t have to be.
Sex Discrimination – This is when an individual is treated differently because of their sex, in certain situations covered by the Equality Act 2010.
Sexual Orientation Discrimination – This is when an individual is treated differently because of their sexual orientation or perceived sexual orientation, in certain situations covered by the Equality Act 2010.
Shared Parental Leave – This is the process of parents sharing the 50 weeks leave (excluding the compulsory 2 weeks) between them in the 1st year of their child being born.
Some Other Substantial Reason (SOSR) – This is one of the 5 fair reasons in which an employer may terminate the contract of employment of an employee. It is possible that the employer reengages the employee on new terms, and the SOSR process was a means of varying the terms laid out within the contract.
Statutory Adoption Pay – Statutory Adoption Pay is paid for up to 39 weeks. It is made up of 2 parts: 90% of your earnings for the 1st 6 weeks. Then Statutory Adoption Pay for the remaining 33 weeks. If your 90% is lower than the current Statutory Adoption Pay rate, then you will get this lower figure for the full 39 weeks.
Statutory Ban – This is where it has become illegal for the employer to continue to employ the employee in their position. Generally, occurs when visa’s lapse and an individual has no right to work in the UK.
Statutory Guarantee Pay – Employees who are laid off or put on short-time working are entitled to pay for days they do no work at all. This is referred to as Statutory Guarantee Pay.
Statutory Maternity Pay – Statutory Maternity Pay (SMP) is paid for up to 39 weeks. It is made up of 2 parts: 90% of your earnings for the 1st 6 weeks. Then Statutory Maternity Pay for the remaining 33 weeks. If your 90% is lower than the current SMP rate, then you will get this lower figure for the full 39 weeks.
Statutory Notice Pay – The minimum legally an employee should be paid during their notice period.
Statutory Redundancy Pay – An employee will be entitled to Statutory Redundancy Pay if they’ve been working for their current employer for 2 years or more. They’ll get: half a week’s pay for each full year they were under 22. one week’s pay for each full year they were 22 or older, but under 41, and one and half week’s pay for each full year they were 41 or older.
Statutory Sick Pay – The statutory payment that an employee is owed should they be off sick with a medical condition. This can last up to 28 weeks.
Strike – A course of action that may be undertaken by staff and/or a Trade Union to show the dissatisfaction of the workforce.
Subject Access Request – This is a written request to a company or organisation asking for access to the personal information it holds on you and is a legal right in the UK.
Suitable Alternative Employment – Before an employer makes an employee redundant, or terminates on the grounds of Ill-health, they might offer them another job in the organisation. This is referred to as Suitable Alternative Employment.
Summary Dismissal – This occurs when an act of Gross Misconduct occurs which is a fundamental breach of the employment relationship that gives cause to the employer terminating the employees contract of employment with immediate effect and no notice.
Sunday Trading – Simply put this is when businesses operate on a Sunday. They may be subject to restricted opening hours depending on their industry and shop size.
Supreme Court – This is the 4th Tier of Employment Courts that sit above the Court of Appeal.
Suspension – This is when an employee is stopped from working, or suspended, generally following an act that needs to be investigated by the employer.
T
Termination Date – The last day that the employee is employed, and their contract is terminated.
Termination of Employment – This can occur either when an employee decides to terminate their employment (resignation) or an employer decides to terminate the employment relationship (dismissal).
Terms and Conditions of Employment – A contract setting out the terms and conditions to the employee / worker. As of 6th April 2020, this became a day 1 right under The Good Work Plan.
Time Limit (ET) – A Claimant has 3 months minus 1 day from the date of incident to commence Early Conciliation with ACAS with the mindset of starting a claim.
Time Off For Dependants – Time off for dependants can be taken to deal with unforeseen or emergency situations. Your employer must allow you a reasonable amount of time off work to deal with emergencies involving your dependants.
Tips – This is generally a sum of money customarily given by a client or customer to certain service sector workers for the service they have performed.
Trade Union – A trade union is an organisation with members who are usually workers or employees and looks after their interests at work.
Trade Union Recognition – Where a Trade Union is recognised by an employer or the Union go through a statutory process to force recognition which gives them more influence in the workplace.
Training Contract – This is carried out after an individual has done their LPC and move on to a training contract to become a fully recognised Solicitor.
Transfer of Undertaking, Protection of Employment (TUPE) – TUPE stands for the Transfer of Undertakings (Protection of Employment) Regulations and its purpose is to protect employees if the business in which they are employed or the work they carry out on a contract changes hands.
Transferee – The business that is receiving new staff members during a TUPE transfer.
Transferor – The business that is sending staff to a new employer during a TUPE transfer.
Travel Time – This is usually a specified period of time spent in traveling at work.
Trial Period – This is a period of time during which someone or something is tested. This could be new working arrangements that were requested through a Flexible Working Request, or a promotion.
Tribunal Claim – A claim that is submitted by an employee against their employer / former employer where they feel that compensation is owed due to the employers’ actions.
Trust and Confidence – There is an implied obligation on both employer and employee not to act in any way that is calculated to, or likely to, breach trust and confidence. This governs the implied actions and behaviour of both parties during the employment relationship.
U
Unauthorised Deductions – When an employee has been underpaid on their wages due to a deduction that the business may have made that they were not allowed to do.
Unfair Dismissal – This occurs when an employer dismisses an employee where the dismissal isn’t deemed to be within the band of reasonable responses.
Unlawful Deduction – When an employee has been underpaid on their wages due to a deduction that the business may have made, or an accidental / deliberate underpayment for hours worked.
Unlawful Instruction – An instruction that is given to an individual where if carried out, would breach a law in one form or another.
V
Variation of Terms – When an employer looks to change the terms and conditions of the employment relationship. Generally, would require the consent of the employee, but can also be enforced through SOSR if there is an ETO reason with a strong business case.
Vento Banding – When determining the financial award that should be given to a Claimant following a successful discrimination claim, the Employment Tribunal will generally refer to the Vento Bandings when awarding the injury to feelings.
Vicarious Liability – This is a situation in which one party is held partly responsible for the unlawful actions of a third party.
Victimisation – This is when an employee is subjected to a detriment by the employer for carrying out a protected act.
Voluntary Recognition – When an employer voluntarily recognising a Trade Union without the need for the Union to force the recognition.
Voluntary Redundancy – When an employee volunteers to be made redundant during a redundancy process.
W
Wages – What an employee or worker is paid for carrying on work on behalf of an employer.
Warning – A formal sanction that can be issued on the back of a disciplinary / capability hearing.
Wasted Cost Order – A court may order that a party or a party’s legal representative pay costs which they have caused any other party to incur where it appears to the court that conduct of the legal representative before or during the proceedings or the costs assessment proceedings has been unreasonable or improper.
Week’s Pay – The calculation of an employee / worker’s pay for a week’s work.
Whistleblowing – This is the term used when an employee / worker passes on information concerning wrongdoing by the company or its management.
Without Prejudice – A process in which an employer or employee can have a protected conversation with the other party where the statements made can’t be used by said party down the line. Generally used to look to mutually agree a termination of the employment relationship.
Worker – A person who does a specified type of work or who works in a specified way. A worker will have less employment rights than an employee due to the contract relationship and the lack of mutual obligation between both parties.
Working Time – The time an employee spends at the control of their employer. In recent time, this has been expanded to incorporate travel time for mobile workers.
Working Time Regulations – The statutory instrument in UK labour law which implements the EU Working Time Directive 2003.
Written Statement of Terms and Conditions – A contract setting out the terms and conditions to the employee / worker. As of 6th April 2020, this became a day 1 right under The Good Work Plan.
Wrongful Dismissal – When an employee is dismissed where there has not been a fundamental breach, and therefore is owed notice pay. This differs in the test to unfair dismissal as it requires the fundamental breach, whereas unfair dismissal requires being within the band of reasonable responses.
X
Y
Young Worker – Defined as someone who has reached the compulsory school leaving age, but who is under the age of 18.
Z
Zero-hours Contract – A zero-hour contract is a type of contract between an employer and a worker, where the employer is not obliged to provide any minimum working hours, while the worker is not obliged to accept any work offered. There is no mutual obligation between both parties in this relationship.
Zero-hours Worker – A worker who is on a zero-hour contract and is no required to work by the employer unless they want to and are offered hours from the employer. There is no mutual obligation between both parties.
