Employment Law for Employees; Ten Key Terms to Help Get You Started

Here at Mayhew Employment Law Services, we understand that navigating the waters of employment law can be, at times, confusing and complicated. So we have created a mini-glossary of some of the most common terms and what they mean to you. We hope it is of help.

If you need any more information, or want to arrange an informal chat with Sara Mayhew, please contact us at sara@sara-mayhew.co.uk.

Getting started with employment law; 10 key terms you need to know.

1) Unfair dismissals

If you are an employee and have more than 2 years’ service, your employer will have to abide by the terms of your employment contract and have to have a fair reason to dismiss you, and they must ordinarily follow fair procedure when doing so.

If you have less than 2 years’ service, your employer cannot lawfully dismiss you for discriminatory reasons or in some other circumstances, for example if you are being dismissed because of whistleblowing, or because you have raised a health and safety concern.

Sara can help explain your rights and options, and support you in challenging an unfair or unlawful process.

2) Constructive dismissals

If your employer does something that seriously breaches your contract of employment, such as refusing to pay you or allowing you to be bullied or harassed, you may be able to resign in response to such treatment, as a result of which you will no longer be bound by further contractual obligations, such as restrictive covenants or garden leave clauses.

You will only usually be able to claim constructive dismissal if you’re an employee with 2 years’ service or more. However, resigning and claiming constructive dismissal is a big step, and can often be a difficult claim to win.

Sara can help explain your rights and options, and support you in making a successful claim.

3) Redundancy

Just because your role is put at risk of redundancy does not necessarily mean that you will be made redundant.

There may be alternatives to redundancy, such as redeployment, job shares and reduced hours, that you can discuss with your employer.

You will only be entitled to a statutory redundancy payment if you have 2 or more years’ service although you may still be entitled to a company redundancy payment. There is a lot you can do to protect and enhance your position, whether you are looking to stay or negotiate a better exit.

Sara can help explain your rights and options, and support you in planning the right strategy.

4) Protected Conversations

This is an ‘off-the-record’ conversation between you and your employer to explore the possibility of a settlement agreement or negotiated exit.

These conversations can be initiated either by you or your employer and anything said cannot be used as evidence in an unfair dismissal claim.

Sara can help explain your rights and options, and support you in initiating, or responding to, a protected conversation.

5) Settlement agreements

These allow you and your employer to draw a line under any claims you may have against your employer and allow you both to move on. They are often offered in redundancy situations or company re-organisations, but can also be agreed as a way to resolve a workplace dispute and/or to avoid an employment tribunal claim.

For such agreements to be effective, you must receive independent legal advice on the terms and effect of the proposed agreement. Sara can advise on this and help you to negotiate the best outcome for you.

6) Grievances and disciplinaries

Disciplinary and grievance procedures are mechanisms for dealing with and resolving difficulties that may arise in the workplace. Disciplinary procedures can help to make you aware of what's expected of you in terms of standards of performance or conduct, and the likely consequences of continued failing to meet these. Grievance procedures can provide you with a course of action if you have a complaint which you’ve been unable to resolve informally.

Sara can advise on your rights and options, and support you in raising a grievance or responding to or challenging a disciplinary allegation.

7) Bullying & harassment

These are examples of difficulties that can occur in the workplace.

Workplace bullying may involve offensive, intimidating, malicious, insulting or humiliating behaviour, or an abuse of power or authority which attempts to undermine you or a group to which you belong.

Examples of this include, unwarranted open criticism, exclusion from meetings, emails, lunches or other office gatherings or blocking promotions and other opportunities.

Workplace harassment is unwanted conduct related to a relevant protected characteristic, such as age, disability, gender reassignment, race, religion or belief, sex and sexual orientation, which has the purpose or effect of violating your dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment for you or someone else.

Examples of this include, unwelcome sexual advances, homophobic comments and being teased about your disability.

Sara can help explain your rights and options, and support you in resolving the matter, challenging an unsatisfactory process or negotiating an exit.

8) Victimisation and detriment claims

If your employer treats you badly or subjects you to a detriment because you have complained about discrimination or helped someone who has been the victim of discrimination or treats you unfairly because you’ve done something protected by law, such as, ‘blowing the whistle’ or exercising your right to the national minimum wage or statutory holiday or rest breaks, you may be able to bring a claim for victimisation or detriment.

You do not require any minimum length of service to bring a claim, and claims can be brought by employees and workers. Sara can help explain your rights and options, and support you in making a successful claim.

9) Disability discrimination

If your employer discriminates against you or puts you at a disadvantage for a reason that relates to ‘a disability’, you may be able to make a claim for disability discrimination. Some conditions and impairments are automatically protected as disabilities; these include cancer, an HIV infection, multiple sclerosis and visual impairments. Other progressive conditions, such as Parkinson's and Alzheimer's disease, will become a disability as soon as they start to have an effect on your normal day-to-day activities provided this is likely to be long-term. Otherwise, a disability is a physical or a mental condition which has a substantial and long-term impact on your ability to do normal day to day activities.

Disability discrimination can occur in a number of ways, including where your employer fails to make reasonable adjustments to accommodate you, discrimination arising from disability, such as, dismissing you for disability-related sickness absences, treating you less favourably than those in a similar situation without a disability, and disability-related harassment and victimisation.

You do not require any minimum length of service to bring a claim, and claims can be brought by employees and workers. Sara can help explain your rights and options, and support you in raising a grievance and making a successful claim.

10) Whistleblowing

This arises where you make a disclosure in the public interest to, or bring information about a ‘wrongdoing’ to the attention of, your employer or another relevant organisation. Your employer is not allowed to subject you to a detriment – for example, a demotion, suspension, bullying or by ostracising you – because you have ‘blown the whistle’.

Wrongdoing includes a criminal offence, breach of legal obligation, a miscarriage of justice, a danger to health and safety of an individual, damage to the environment or where any information relating to any of the above has been, or is likely to be, deliberately concealed.

You do not require any minimum length of service to bring a claim, and claims can be brought by employees and workers. Sara can help explain your rights and options, and support you in raising a grievance and making a successful claim.

Again, if you need any more information, or want to arrange an informal chat with Sara Mayhew, please contact us at sara@sara-mayhew.co.uk.