Acas (Advisory, Conciliation and Arbitration Service) – This is a government body that aims to resolve workplace disputes. They have a helpful website and you can get advice from them about your employment rights and things like time limits for bringing a case. They also offer ‘early conciliation’ (before you start a case) and ‘conciliation’ (after a case has been started) where they speak to you and your employer separately to see if the problem can be resolved without going to an employment tribunal (because you have negotiated a settlement).
Appeal – When another tribunal can look again at the decision the tribunal made. In an employment these cases are dealt with by the Employment Appeal Tribunal (EAT). In employment a tribunal decision can only be appealed if the original decision misapplied the law.
Bankruptcy – This is when a person legally declares that they are unable to pay their debts. Any assets that they own are usually sold and shared between those people or organisations they owe money to.
Basic award - A standard, fixed compensation amount awarded by a tribunal for unfair dismissal based on age, length of service, and weekly pay.
Bullying - Unwanted behaviour that is offensive, intimidating or insulting.
Bundle - The collection of all documents and evidence that will be used during the tribunal hearing. These are usually digital now.
Claim – The legal term for when you take a complaint or case to a court or tribunal. Lots of people would refer to it as their ‘case’.
Claimant – The person who made/takes the claim to the tribunal. The employee or worker.
Closing submission -This is the final argument made by each side at the end of the tribunal hearing.
Companies House – is the official government agency in the UK responsible for registering and maintaining records of all companies. It holds information on limited companies and limited liability partnerships that anyone can access. You can therefore check the status, financial health, and ownership of companies.
Compensatory award – A sum of money awarded by a tribunal to compensate for financial losses due to unfair dismissal. It is meant to compensate the employee for lost earnings and benefits, both past and future, as well as other financial losses suffered as a result of unfairly losing your job. The amount is meant to put the employee in the financial position they would have been in if the dismissal had not happened.
Complainant - The person who brings a case or complaint to the tribunal, usually the employee.
Conciliation – The process Acas uses to see if you can make an agreement with your employer after the case has been started.
Constructive dismissal - Where your employer treats you so badly that you are forced to resign. The law says that you are as good as sacked unfairly so the unfair dismissal rules apply. If the employer has breached the contract it could also be wrongful dismissal. See Acas for more information.
Contingency fee agreement – this is a way of paying a solicitor to help you. You don’t have to pay them if you lose, but if you win you will pay them a percentage of the amount you have been awarded. Not many solicitors offer help under this kind of agreement though, and many solicitors would warn you that those that do are not always of the best quality.
Direct discrimination - Where someone treats you worse than they treat other people because of who you are.
Disability - A physical or mental health condition that makes it (or is likely to make it) difficult for you to carry out normal day-to-day activities for at least 12 months.
Disclosure - The process of exchanging documents and information between the sides involved in a tribunal or court case. See our advice about evidence for the employment tribunal [mm1] for more details.
Discrimination - any form of unfair treatment directed at someone because of their age, disability, gender reassignment, marriage or civil partnership, pregnancy or maternity, race, religion or belief, sex or sexual orientation (these are often referred to as 'protected characteristics'). Discrimination can be done on purpose or by accident. See our discrimination guide for more details.
Discrimination by perception - When someone discriminates against you because of mistaken belief about who you are.
Dismissal - When an employer ends an employee's job contract – or gives them ‘the sack’ as it is commonly known in England and Wales.
Duty to make reasonable adjustments - Employers sometimes have premises or ways of doing things that put disabled people at a disadvantage. And sometimes disabled employees might find it harder to do their job without specialist equipment or support. The employer’s duty to make reasonable adjustments means that they have to take reasonable steps to reduce these disadvantages.
Early conciliation – The process Acas uses to see if you can make an agreement with your employer before you start a case at the employment tribunal. If both sides are willing, they speak to you each over the phone (separately) for up to 6 weeks. If you are unable to arrive at an agreement, Acas will give you an Early conciliation certificate. In order to start a claim at employment tribunal you must have an early conciliation certificate from Acas.
Early conciliation certificate – this is given to you by Acas to confirm that you did inform them that you were going to take a case to the tribunal. On it is the number that you need to start a case at the tribunal.
Employment Tribunal – The ‘court’ or legal body responsible for hearing cases (legal claims) from people who think that someone (usually their employer or potential employer) has treated them unlawfully.
Employment Tribunal Penalty Enforcement and Naming Scheme - A government scheme to enforce tribunal awards and name employers who do not pay.
Fast Track Enforcement Scheme - A government scheme to help employees enforce unpaid tribunal awards.
Form ET1 - The form used to start a case at the employment tribunal. There is now an online system too called Make a claim to an employment tribunal.
Grievance procedure - A formal way for employees to raise complaints or concerns about their workplace with their employer. All employers must have one. Use your organisation’s grievance procedure to try and resolve disputes before considering taking your complaint to an employment tribunal.
Gross pay - The total amount of money earned by an employee before any deductions like tax, National Insurance, or pension.
Harassment - Someone saying or doing things because of who you are that you find offensive, humiliating, frightening, sexually inappropriate or in any other way distressing.
Human rights - Basic rights which are covered by the Human Rights Act 1998.
In Administration - When a company is placed under the management of an administrator to try to pay off debts and avoid liquidation.
Indirect discrimination - When a workplace rule or policy applies to everyone but disadvantages a particular group of people more than others. See our discrimination at work guide for more detail.
Injunction - A court order forbidding someone from behaving in a certain way, such as coming within a certain distance of someone or their home.
Injury to feelings – This is an award of compensation an employee can ask for if they have experienced discrimination, harassment, or unfair treatment that causes emotional distress, humiliation, or harm to their dignity. This is separate from financial loss and is intended to acknowledge the personal impact of the mistreatment. See our guidance on how to create a schedule of loss for an employment tribunal for more details.
Insolvency – This is when a business does not have enough money to pay its debts. It can be temporary.
Interim relief – This is where a tribunal may order your employer to reinstate you, give you a different job or continue to pay your salary while you wait for the final hearing. Only some people are entitled to apply for this. You have to have been sacked or resigned because of whistleblowing, or for Trade Union activities or because, you were an employee representative or similar. Find out more by reading the interim relief guidance from Acas.
Judicial assessment - An early evaluation of the case by a judge to give an indication of its strengths and weaknesses.
Judicial mediation - A process where a judge helps the sides in a dispute reach a settlement without a full tribunal hearing. In employment tribunal cases only usually offered in more complicated discrimination or whistleblowing cases that are expected to need a hearing that would take 3 days or more.
Legal aid - Financial assistance provided to those who cannot afford legal advice, representation or family mediation. Only some cases are eligible for legal aid these days, and sometimes you need to repay some or all of it. Find out more and check if you are eligible on GOV.UK.
Legal expenses insurance – This is an insurance which will help you pay for legal advice or representation if you need it. It is sometimes included in your home or car insurance. Find out by checking your policy.
Legally privileged information – This is the advice you may have got from a lawyer or adviser. You do not have to share this with your employer when you share the other information and evidence that you have about the case.
Liable – This means legally responsible.
Limited company - A business structure where the company is a separate legal entity from its owners, limiting what owners of the business can be held responsible for.
Liquidation - The process of closing a company and selling its assets to pay off the debts it owes.
List and copy documents – This is one of the ways the court can order that you share evidence with the employer. If they order this it means that each side send all their documents to each other at the same time.
Losses - The amount of money you lost because of the issue. That might be the amount of money you should have been paid but were not, or the amount of money you would have earned had you not lost your job unfairly. It could also include the amount of money it cost you to look for and find a new job. The amount will be reduced by any money you did make during this time that you wouldn’t have got had the problem not occurred – so for example, any benefits you received, or any wages you got from a new job. Reductions can also be made if you behaved badly or if you did not reduce your losses by trying to find another job, for example. See our guidance on how to value your employment tribunal claim for more help.
Means-tested benefit - Financial support provided by the state to individuals on low-incomes based on an individual’s income and savings. Usually Universal Credit.
Multiple claim - A situation where one person brings more than one claim to the tribunal, or several people bring related claims.
National Insurance - A UK tax that funds state benefits and is taken from employees' earnings and the profits of the self-employed.
National Insurance Fund - A UK government fund used to pay for state benefits like unemployment and retirement pensions. It also guarantees certain payments due to employees when their employer becomes insolvent.
Net pay - The amount of money an employee takes home after all deductions (tax, national insurance, pensions etc).
Preliminary hearing - An initial hearing to discuss the case and decide on next steps before the main tribunal hearing. In employment tribunals, where one of these is needed, they are usually held over the phone or by video.
Protected characteristic - These are specific traits such as age, race, disability, religion or belief, nationality, sex, sexual orientation, or gender reassignment, that all workers are legally protected from discrimination on the basis of.
Recommendation at tribunal - This is a recommendation a tribunal can make to an employer on actions the employer should take to prevent a situation (such as discrimination) happening again in their workplace. The tribunal cannot order the employer to follow the recommendation, but if they don’t, the Tribunal can award the claimant more money.
Reconsideration - A request for a tribunal decision to be looked at again because, for example, there was a calculation error in the amount of the award, or where there was some procedural mistake, such as missing evidence.
Redundancy - When an employee's job is no longer needed, because there is no more work available for this role or because the business closes all together or closes a particular workplace. People are usually made redundant when a company closes or changes how the business is run (for example, because they need fewer staff).
Register of Judgments, Orders, and Fines - This is a public record in the UK that lists court judgments, orders, and fines against individuals and businesses. If a court or tribunal orders someone to pay money and they do not pay, their name and details of the judgment can be added to this register. The register is managed by Registry Trust Ltd and can be accessed by credit reference agencies and the public.
Remedy – This is a legal term for claim outcome – how you should be compensated if you win your case. The thing that you want to get as a result of taking the claim – usually compensation.
Reserving the judgement - When a tribunal judge decides to give their decision at a later date, not immediately after the hearing.
Respondent – The person or organisation being taken to tribunal, usually by an employee.
Schedule of loss – This is the legal name for the document that explains the calculation of the amount of money a claimant will ask the court or tribunal to award them in compensation. It is also called a valuation of claim. In an employment claim, ‘losses’ can include things like lost salary, or compensation for the distress and upset caused by discriminatory behaviour. See our guidance on how to create a schedule of loss for more details.
Settlement - An agreement reached between an employee and employer to resolve a dispute, often involving payment of compensation to the employee. It might also include other things like an agreement that the employer will apologise or change something, or an agreement not to tell others about the details of the case.
Sole trader – A business structure whereby an individual owns and runs a business by themselves and is personally responsible for all business debts.
Statutory defence – This is the legal name for the argument an employer might make in a discrimination claim, that they are not responsible for the discriminatory actions of their employee because they took enough steps to avoid any discrimination.
Statutory rights - Legal rights that everyone has, regardless of what is in a contract.
Subject Access Request (SAR) - A request made by an individual to access personal data held about them by an organisation. See If you think your employer has evidence that you don’t have for details about how to use a subject access request in an employment case.
Terms and conditions (of employment) - A written statement of your rights and responsibilities at work. Otherwise known a your employment contract.
Time limits - The maximum period within which you must start your claim to the tribunal or court.
Transcript - A written record of everything said, for example, during a tribunal hearing.
TUPE - When employees are transferred to a new employer but keep their existing employment terms, under the Transfer of Undertakings (Protection of Employment) regulations.
Unfair dismissal – Where an employer sacks an employee but either does not have a fair reason for doing so or has a fair reason for doing so but handles the situation unfairly by not following the right process. To have these rights you currently have to have worked for your employer for at least 2 years. See Acas for more details.
Unpaid wages – This is when you have not been paid what you should. For example, you were not paid the minimum wage, the amount it says in your contract, redundancy pay, or deductions have been taken from your pay for unfair reasons. See Pay for more details.
Vento Bands – Guidelines tribunals follow to calculate the amount of compensation awarded for injury to feelings in discrimination claims, categorised into different bands depending on the seriousness of the situation and the impact on the claimant. These bands were first used in a case called ‘Vento’ and the guidelines have become known as ‘Vento’ bands. See our guidance on how to create a schedule of loss for more details.
Vicarious liability – This is a legal term for when one person can be legally held responsible for the actions of another. For example, an employer can be held responsible for one employee discriminating against another employee.
Victimisation - Where someone treats you unfairly for complaining about being discriminated against or helping someone else to complain about being discriminated against.
Witness evidence - Statements and testimony provided by individuals to support the case of either the person taking the case or the employer or individual responding to the case.
Witness statement - A witness statement sets out what an individual knows about the issue. The person taking the claim writes a witness statement, and so do other people involved in the case - that might be your manager or supervisor, anyone from Human Resources who were involved. You might also find a colleague who saw what happened who is willing to be a witness for your side. The tribunal reads the witness statement before the hearing, and during the hearing all witnesses are asked questions about their statements. See our guidance on how to write a witness statement for an employment tribunal.
September 2024
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The information in this guide applies to England and Wales.
The law is complicated. We recommend you try to get advice from the sources we have suggested.
The cases we refer to are not always real but show a typical situation. We have included them to help you think about how to deal with your own situation.
Advicenow is grateful to the Ministry of Justice for funding the creation of this guide under the Online Support and Advice Grant.Advicenow would like to thank everyone who provided advice and feedback on this guide, particularly editorial teams at Thomson Reuters who kindly peer reviewed it.
Please tell us about your problem. Knowing more about our users and what you found useful helps us get funding to keep our website going. We also want to hear if there is anything you didn’t like or couldn’t find so that we can be even more useful. It is OK to skip questions – but please press ‘submit’ at the end as otherwise we don’t get your response.
Please rate this guide and leave a comment below to help others decide if it would be useful for them.
