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A Case Management Discussion can be called for by the Tribunal by its own volition or by request of one of the parties to the Employment Tribunal Claim. A Case Management Discussion can sometimes be conducted by telephone but normally both parties need to be represented or in person typically before a Judge sitting alone.
The purpose of the hearing is to set out directions for the management of the case and deadlines for completing them as well as identifing any issues central to the case. Orders dealt with normally include disclosure, exchange of witness statements and setting a date for hearing the case. Other orders may be necessary depending on the issues between the parties and the type of case.
This is a virtual document with a unique reference number that an organisation gives to migrants wishing to come to the UK to work, train or study. The migrant uses the certificate when applying under the points based system to come to the UK. It is also known as confirmation of acceptance for studies.
A chronology sets out the key dates in relation to a claim. It is useful to provide the Tribunal with information about the sequence of events and should be provided in advance of the hearing if possible.
A claim form, also known as an ET1, is the form, which a person wishing to make an employment related claim, completes and sends to the Employment Tribunal to initiate the claim.
A Claimant is the individual or organisation (in the case of a Trade Union claim under section 188, for example) who presents a complaint to an Employment Tribunal.
The Compensatory Award is potentially the largest part of an Unfair Dismissal award. It aims to compensate Cliamants for their financial losses - mainly loss of net earnings while unemployed after being unfairly dismissed, but it can include amounts for ongoing loss (where the Claimant’s new job is at a lower rate of pay than their old job) and expenses incurred in looking for another job, attending interviews etc. The Compensatory Award can be up to £63,000.00*, although in a limited range of cases, for example dismissals for health and safety reasons, it can be unlimited. The Compensatory Award can not, according to the House of Lords, compensate an employee for injury to feelings caused, for example, by the manner of dismissal.
* £63,000.00 for dismissals occuring between 1 February 2008 and 31 January 2009. The cap for 2007 - 2008 was £60,600.00 and for 2006-2007 was £58,400.00. The cap is reviewed every year and increases on 1 February.
A compensatory award is awarded in most cases where a claim for unfair dismissal is successful.
Circumstances where no compensatory award is made:
- 100% contribution
- 100% chance dismissal would have occurred
Circumstances where a limited compensatory award is made:
- Where a finding of contribution is made below 100%
- Where a Tribunal finds that dismissal may have occurred but put the percentage at below 100%
The maximum compensatory award is approximately £60,000.00 and is usually increased at or above inflation each year. Awards over £30,000.00 are grossed up to account for income tax. Therefore an employee may be awarded £60,000.00 net but the cost to the employer is either £66,000.00 or £72,000.00 depending on whether the employee is a basic rate or higher rate tax payer.
The proper term for a claim to an employment tribunal is a complaint. Strictly speaking, one does not make a claim, one presents a complaint to the Employment Tribunal.
A legal agreement used to compromise particular complaints an employee has in relation to his employment or its termination and ensure a “clean break” for both employer and employee. Normally the employee will receive a lump sum payment (often structured in a tax efficient manner) and an agreed reference in return for signing a Compromise Agreement.
To be enforceable, Compromise Agreements must comply with strict requirements as set out in s.203 Employment Rights Act 1996 and various equivalent statutory provisions in other Acts and Regulations. For example, the agreement must be in writing and the employee must receive independent legal advice (normally paid for at least in part by the employer). (Note this is not a complete list of the legal requirements, which are outside the scope of this resource).
If you are an employer and need a Compromise Agreement drafting try our Compromise Agreement Wizard - it will enable you to draft a Compromise Agreement instantly and at a fraction of the cost of instructing a solicitor to do it for you.
In order for a contract of employment to be formed there has to be three constituents:
1. Offer
2. Acceptance.
3. Consideration.
Where a prospective employee accepts the offer of a new job, the consideration is handing in notice to the old employer. See the Sarker case.
