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Employment Glossary

Basic Award

Is the amount of money an Employee receives as either their statutory notice pay or a redundancy payment.

Compensatory Award

Is money received in addition to compensate in cases of unfair dismissal or discrimination.

Discrimination

It is against the law for your employer to discriminate against you because of race, country of origin, nationality, gender, marital or civil partnership status, pregnancy, maternity, disability, sexual orientation or gender reassignment, religion or belief or on the grounds of age.

Employment

The rules that describe whether someone is employed, an agency worker, a part time worker, a fixed term contract or self-employed.

Employment Tribunal

The Employment Tribunals are independent judicial bodies who determine disputes between employers and employees over employment rights.

Flexible Working

This is a phrase that describes any working pattern adapted to suit your needs. Common types of flexible working are flexi-time, annualised hours, job sharing or part time. From 30 June 2014 anyone with 26 weeks employment can request flexible working under the statutory scheme.

Gross Misconduct

Examples include theft, violence in the workplace or gross insubordination. Gross misconduct dismissals only require one event to entitle the employer to dismiss you.  Employers still have to adopt a reasonable dismissal procedure.

Human Rights

The Human Rights Act has an impact on areas such as breach of confidence, a disciplinary hearing, an unfair dismissal and a make-up of tribunal proceedings.

Redundancy

An employer can declare you redundant if it no longer carries on business for the purposes for which you were employed, or does not carry on business in the place where you were employed or the requirement for people to do a particular kind of work had diminished. Before being declared redundant, your employer must warn and consult with you and he should also select you fairly from a pool of individuals.

Settlement Agreement

A document signed by you and your employer setting out the terms that you have agreed on your departure. It is also signed by an independent solicitor who advises you. Once this document is complete then you forfeit your rights to go to the Employment Tribunal.

Statement of Particulars

You are entitled to receive a statement of your employment particulars (effectively a Contract of Employment) within two months of starting work. This sets out your main employment terms including the job description, pay, hours of work and any disciplinary or grievance procedure your employer has.

TUPE

The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) protects an employee's terms and conditions of employment when a business is transferred from one owner to another. Employees of the previous owner when the business changes hands automatically become employees of the new employer on the same terms and conditions. It is as if their employment contracts had originally been made with the new employer. The continuity of service and any other rights are all preserved. Both old and new employers are required to inform and consult employees affected directly or indirectly by the transfer.

Working Time Regulations

You have a right not to work more than 48 hours a week on average, unless you choose to or work in a sector with its own rules. You also have a right to a minimum amount of holiday, currently 5.6 weeks paid annual leave inclusive of statutory bank holidays. This is equivalent to 28 days in total for a full time worker.

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