Glossary of terms commonly used in employment tribunals

Acas — the Advisory, Conciliation and Arbitration Service. They work with employers and employees to try to resolve employment disputes. They can work with you before you make a claim to the employment tribunal, and before your hearing. They have a confidential helpline where you can get independent advice.

Adviser — an adviser is someone who can help you with your employment case behind the scenes. They can help with paperwork, and give you advice on your case. Usually they won’t talk directly to your employer or represent you at the employment tribunal.

Appeal — if you’re not happy with the decision that the employment tribunal has made at the hearing, you may be able to question the decision. This is called an appeal. But you can only appeal about issues of law. This means that you can only appeal if there were problems with the way the law was used in the original decision. Appealing an employment tribunal’s decision is difficult, so you should get legal advice if you want to do this.

Bundle — a bundle is a file of documents that make up the evidence an employment tribunal will need to look at during the hearing.

Case management discussion (CMD) — this is a meeting before the main hearing of your employment tribunal case. It will be attended by you, your employer, or your representatives, and the tribunal judge. It will decide how the case should run, and what will happen when. Case management discussions and pre-hearing review are soon to be merged to be known as preliminary hearings.

Closing statement — this is a short speech that you or your representative makes at the end of your employment tribunal hearing. Your employer will make one too. Your closing statement should remind the tribunal of the main points of your case.

Compensation — this is money that the employment tribunal might award you if you win your case. How much you get will depend on what your case is about. You might get back any money owed to you. You might also get some money to make up for what has happened, for example in a discrimination case.

Contract — this is an agreement between you and your employer. It is usually about what work you will do, and how much your employer will pay you for it. It will also usually include information about the other rights you have at work. Your employer must give you a written statement of your terms and conditions of employment within two months of when you started work.

COT3 — this is a form used by Acas to record a settlement that you and your employer have reached without going to an employment tribunal. The settlement is binding on you and your employer.

Counter-claim — if you make a claim against your employer for a breach of contract, they may be able to make a claim back against you. This is called a counter-claim.

Cross-examine — this is when a witness at an employment tribunal hearing is asked questions by the other side. It may be you or a witness for your side being asked questions by your employer’s representative. Or it may be you asking questions of your employer or their witness. The idea of cross-examination is to prove things to the tribunal.

Directions — these are instructions from the employment tribunal about what should happen in your case. They might be instructions for things like giving more information, for when witness statements should be ready and sent to each side or when the bundle should be ready. Sometimes directions from the tribunal are called orders.

Disclosure — you and your employer have to give each other copies of all the documents you have that are relevant to your case. The process you use to do this is called disclosure. You might do this by writing to your employer to ask for documents, or you might need to ask the tribunal to make an order for your employer to give you certain documents.

Employment tribunal — the employment tribunal is an independent organisation that decides disputes between employers and employees. It is not a court, but it is run by a judge.

ET1 — this is the form that you use to make a claim to the employment tribunal and to set out your case. It is a legal document so you should take care when filling it in. There are strict time limits for when you can send the ET1.

ET3 — this is your employer’s response to your ET1 form. They will use this to say why they disagree with your claim.

Grievance — a grievance is a way of formally raising your concerns, problems or complaints about work with your employer. Your employer might have a grievance process that you should follow, and if you can you should put your complaints in writing. You should try to raise a grievance with your employer before you take a case to the employment tribunal. The tribunal might reduce how much compensation you can get if you don’t.

Hearing — the hearing is the final part of your case with the employment tribunal. It is where the judge and other members of the tribunal panel decide whether they agree with your case. If they do, they will decide what solution is suitable.

Judgment — this is the decision that the employment tribunal gives about your case. The tribunal might give their decision, and the reasons for it, at the end of the hearing. If your case is complicated and there is not enough time for the tribunal to come to a decision on the day, you might get the judgment and the reasons in writing later on.

No win no fee — you might make a no win no fee arrangement with a solicitor. They will agree to represent you in your case, and if they win you agree to pay them a certain amount of any money you get. If you don’t win, you don’t pay them anything. If you’re making this arrangement with a solicitor you should check the paperwork very carefully, to make sure you know exactly what you’re signing up to.

Orders — these are instructions from the employment tribunal about what should happen in the case. They might be instructions for things like giving more information, for when witness statements should be ready and sent to each side or when the bundle should be ready. Sometimes orders from the tribunal are called directions.

Pre-hearing review — this is a hearing that you might have before the main employment tribunal hearing, usually while you’re preparing your case. It will be attended by you and your employer, or your representatives, and the tribunal judge. The pre-hearing review will decide important first parts of your case, to save time at the main hearing. Pre-hearing reviews and case management discussions are soon to be merged to be known as preliminary hearings.

Pre-claim conciliation — this is a scheme run by Acas. They can work with you and your employer to try and work out your differences without taking a claim to the employment tribunal. The scheme is impartial, confidential and free.

Re-examination — this happens during your hearing in the employment tribunal. After your employer has finished asking you questions, your representative, if you have one, may ask you a few more questions.

Re-instatement/re-engagement — re-instatement is where the tribunal orders the employer to give the individual their job back. Re-engagement is where the tribunal orders the employer to give the individual a new job. Where the tribunal is persuaded to make an order for re-engagement, it will be able to order your employer to hire you on terms that it considers just.

Representative — a representative is someone who will be named on the tribunal claim form. They will take responsibility for the preparation of your case and represent you at the employment tribunal. All information about your case will go to your representative, and they will contact you when they need to.

Schedule of loss — this is a document that helps you work out how much compensation you might get from the employment tribunal if you win your case. It includes sections for different things you may be claiming, for example unpaid wages, compensation for unfair dismissal or injury to feelings.

Settlement — this is where you and your employer agree to stop your case before an employment tribunal becomes involved or gives judgment. Usually, your employer will agree to pay you some money and you agree not to continue with your case. At this point your employer may also want you to sign a confidentiality clause.

Settlement agreement (formerly known as a compromise agreement) — this is an agreement which is signed directly between you and your employer without going through Acas or an employment tribunal. Usually your employer agrees to pay you a certain amount of money as compensation, and in return you agree not to take a case to the employment tribunal. Before you agree to a settlement agreement you have to get legal advice from an independent solicitor and they have to draw up the agreement. The law says that for the settlement agreement to be legally binding, you have to get independent legal advice.

Witness statement — this is a written document of the evidence you or another witness will give at the employment tribunal. You used to have to read out your witness statement at the hearing, but now it is normally taken as read.

Source: CAB, www.adviceguide.org.uk/england/work_e/work_problems_at_work_e/work_employment_tribunals_e/employment_tribunal_jargon_buster.htm