A glossary of legal terms

This brief explains the most common legal terms and phrases used in employment law.

Action

The lawful demand of one’s right by use of Legal Proceedings.

Civil - brought to enforce a civil right

Penal - aimed at some penalty or punishment in the party sued

Criminal - of public nature against one or more person’s accused of crime

Arbitration

A voluntary but binding arbitration is available where an applicant is pursuing an unfair dismissal claim. The applicant must receive independent advice and the parties must agree in writing to be bound by the decision before proceedings. The hearing is private, there is a bar on any further tribunal hearing on the claim and the arbitrator can award reinstatement or compensation. The decision of the arbitrator is final. There is no appeal to the EAT (Employment Appeals Tribunal).

Breach

An invasion of a right or violation of a duty.

Fundamental Breach - breach of a fundamental term going to the very root of the contract.

Burden Of Proof

The duty of proving one’s case (most often lies on the plaintiff or prosecutor)

Causation

Link between the cause of action and its effect i.e. link between the accident and the injury.

Cause of action

Legal principles on which a given action is grounded.

Compensation

Money paid for damage caused by any wrong or breach of contract, or to persons defrauded or injured by any criminal offence.

Compromise agreements

A written, binding, and private agreement covering a specific complaint. The agreement has the effect of barring further proceedings. This type of agreement is only valid if an employee has received advice from a relevant independent advisor.

Consideration

A compensation for something promised or done. Valuable consideration turns a promise into a binding agreement.

Constructive dismissal

Where an employer’s treatment of an employee left him or her with no option but to resign or where the employer threatens to dismiss and as a consequence the employee resigns. The employer’s threat to dismiss must be accompanied by other reasons that caused the employee to resign. The employer needs to know why the employee has resigned to make it easier to claim constructive dismissal.

Contract

A legally binding agreement upon legal consideration (see above) to do or abstain from doing some act. A contract may be written or verbal.

Contributory negligence

Negligence, by which a person contributes to the happening of an accident to him or herself, for which others are partially, or even mainly responsible. The injured person will not be entitled to recover full damages for the injury if it can be shown that, except for his or her negligence, the accident would not have occurred.

Counterclaim

Where a defendant also has a claim against the Plaintiff. Usually the Court pronounces a final judgement in the same action on both the claim and counterclaim.

Custom

An unwritten law that gained its validity through long use. General Custom (Common Law) - Unwritten law that has developed over the years based on the content of judicial decisions. This is in opposition to statute law; law enacted by Parliament. Particular Custom- The customs of a particular district that affect only members of that district.

Damages

The satisfaction awarded by a Judge or jury in a civil action for the wrong suffered by the plaintiff. Normally damages are claimed for pain and suffering, inconvenience and for future financial losses.

Defence

The statement of the defendant in answer to the plaintiff’s claim.

Defendant

A person sued in a civil action or charged with a criminal offence.

Discharge

Releasing the parties of the contract from their obligations under that contract.

Dismissal

A person may be dismissed if the employment contract is terminated, a fixed-term contract is not renewed, the employee leaves (claiming this is a result of the employer’s conduct), a redundancy takes place, a woman is not allowed to return to work after maternity leave, the employer claims there has been a "self dismissal", or there is a refusal to re-employ after a transfer.

Discrimination

The law prohibits discrimination on the specific grounds of sex, race and nationality, disability, and trans-sexuality. At the European level, there are proposals for a new directive, which would establish a general framework for equal treatment in employment. It is lawful at present to discriminate on any other grounds including sexuality.

Duty of care

The duty of care owed by all persons is a duty to take reasonable care not to do anything likely to injure a "neighbour" (i.e. road users have a duty of care to each other). Breach of the duty gives the right to claim damages.

Equality clause

Operates in every employment contract, giving women the right to equal treatment with men. The act states that women have the right to equal treatment in pay where they are employed on "like work" with a man, on "work rated as equivalent" to a man’s or on "work of equal value" compared to a man’s.

Express

That which is not left to implication, e.g. an express promise or covenant. Express Term - a clearly stated/written part of the contract.

Fixed term contract

A contract for a fixed duration that cannot be ended before that time other than by breach.

Frustration

The prevention of the carrying out of a contract due to the occurrence of an intervening event or change of circumstances so fundamental as to be regarded by the law as striking at the root of the agreement. The event makes the contract impossible to perform.

Harassment

Sexual Harassment - (as defined by the EC) "unwanted conduct of a sexual nature, or other conduct based on sex, affecting the dignity of women and men at work, including the conduct of superiors and colleagues".

Racial Harassment - "unwanted conduct of a racial nature, or other conduct based on race affecting the dignity of women and men at work, including the conduct of superiors and colleagues".

Implied term

A term not stated but established by indirect or circumstantial evidence, by previous dealings, or presumed in certain circumstances to exist in the absence of evidence to the contrary.

Indefinite term contract

Contract of employment that keeps running until reasonable notice is given by either side.

Injunction

An alternative to claiming breach of contract. An injunction may be used to stop an employer from changing the contract unilaterally.

Issue

The point or matter arising out of the allegations and pleas of the plaintiff and defendant in a case.

Issuing proceedings

When the action actually begins i.e. when the summon/writ is stamped and sealed by the Court.

Letter before action

A letter written setting out the basis of the claim and asking for a response before issuing proceedings.

Liability

Legal responsibility for the action

Limitation period

Period during which the action should commence. No Court will entertain proceedings for the enforcement of certain rights if such proceedings were begun after this period.

Liquidated claim

Claim for a fixed amount of compensation/damages (ie a debt)

Litigant in person

Someone defending a claim themselves without the help of a Solicitor/Barrister. This occurs most often during arbitration proceedings.

Minimum wage

The minimum level of pay to which almost all workers in the UK have a legal right. The minimum hourly rate was set at Ł3.70 an hour for those aged 22 or over from 1 October 2000 and Ł3.20 for 18-20 year olds from 1 June 2000.

Misrepresentation

Either by words or conduct, misrepresentation, must be a false statement of fact. The statement is made by one party to the other of a contract which although not a term of the contract induces the other party to enter into the contract.

Mitigation

Legal principle that the Plaintiff should take reasonable steps to limit the loss suffered as a result of the Defendants wrong doing.

Mobility clause

A clause in a contract which provides that an employee should move location of employment when requested. This does not necessarily give the employer unlimited rights to transfer workers and the issue of whether the effect of the clause is discriminatory should also be considered. A relocation can amount to constructive dismissal.

Negligence

When a legal duty of care has been breached by omission of a positive duty which leads to damage suffered by the Plaintiff. The question of negligence is one of fact.

Neighbour

Anybody you could reasonably foresee to be damaged or injured by your actions.

Next friend

An adult under whose protection an infant institutes an action or another legal proceeding. This adult is responsible for the conduct and the costs of the proceeding.

Particulars of claim

A plaintiff or defendant is required to give a statement in summary form of all material facts on which he relies for his claim or defence. (A pleading)

Plaintiff

A person bringing an action.

Pleadings

A formal document in writing or print between the parties in a suit or action; in this document, each side states their allegations of relevant facts and each side states their position.

Privity of contract

The relationship between parties which mutually sign the same contract. Only a person who is a party to a contract may sue on that contract.

Proceedings

The formal legal process of dispute resolution in an action or other legal proceeding.

Quantum

Monetary value of the action.

Redundancy

When a worker is dismissed if the employer has ceased, or intends to cease carrying on the business; or the requirements for employees to carry out work of a particular kind, or to carry it out in the place in which they are employed have ceased or diminished. A worker may receive redundancy pay as compensation for loss of his or her job.

Re-engagement

Where an employee is re-employed by the employer on different terms but in comparable work.

Re-instatement

Where an employee is re-employed by the employer on the same terms.

Remedy

The compensation given by the Court for the infringement of a right or for the recovery of a right.

Remoteness of damage

There is a lack of direct connection between a wrong complained of and the injury alleged to have been sustained by it. One may not recover from it.

Repudiatory breach

When a party bound by contract refuses to perform the contract or a significant part of it.

Rescission

The cancellation of a contract putting the parties back into the position they would have been in had the contract never been made.

Restrictive covenant

A term in a contract of employment which prevents an employee from doing certain things after leaving that employment. Examples include:

non solicitation - an employee is bound not to poach work from his or her ex-employer;
non competition - an employer is bound not to go into competition with his or her ex-employer;
confidentiality - where an employee is not to divulge employers confidential information.

Revocation of an offer

The cancellation of an offer, by the person who had made the offer, before it is accepted.

Service of process

The delivery of a writ, summons, or notice to the defendant. The service is complete only after the defendant receives the document.

Special damages

Damages claimed for quantifiable losses from the accident to the trial itself (i.e. wages).

Specific performance

Carrying out a contract in accordance with its terms.

Statement of claim

The statement by the plaintiff to the High Court of Justice of the ground of his or her complaint and of the relief or remedy to which he or she claims to be entitled.

Strict liability

Where the defendant is held liable if the plaintiff suffers damage without the plaintiff having to show the defendant was at fault/negligent.

Summons

An order to appear before a Judge or magistrate and is a court document used to commence proceedings. The summons contains a brief outline of the case including the claim made and of the relief or remedy being sought.

Third party

One who is a stranger to proceedings between two other persons. A third party may be drawn into an action, under order of the court or judge, by a defendant who blames the third party.

Tort

A civil wrong independent of contract that gives rise to a claim in damages.

Unfair dismissal

Where an employee is dismissed for certain statutory reasons and is inequitable and is incompatible to the merits of the situation.

Unliquidated claim

Claim for an unspecified amount of damages/compensation to be decided by the Judge i.e. damages for personal injuries, distress or inconvenience etc.

Unliquidated damages

Damages the amount of which in money is not ascertained, ie in cases of libel, slander, assault, etc.

Vicarious liability

Where an employer is held liable for a tort committed by an employee in the course of their employment.

Waiver

The abandonment/relinquishing of a right by one party, so that afterwards he or she is no longer allowed to reclaim it. The claim may be abandoned expressly or by actions.

Writ

The High Court commands, by document, the commencement of proceedings.

Wrongful dismissal

Dismissal in breach of a contract and can include dismissal without proper notice. Proper notice amounts to one week if one has worked between one month and two years, proper notice is one week for each year one has worked if one has worked between two and twelve years.

Keypoints in equal pay 2004 - January 2004: This brief has been prepared in conjunction with the Equal Opportunities Commission (EOC). The TSSA together with the EOC believes that the time has come to pay women fairly. TSSA representatives are therefore being encouraged to place equal pay high on the 2004 bargaining agenda.

‘Get over it’? No way - June 2008: My boss is always making derogatory remarks about women in general which I find very offensive, even though they aren’t aimed directly at me. When I complained, I was told that he wasn’t having a go at me personally and basically to ‘shut up and get over it’.

’Stop That Noise’: European Week for Safety and Health At Work - May 2005: A Europe-wide campaign has been launched to tackle one of Europe’s most persistent workplace health problems - noise at work.

2007 TUC Disability Conference - November 2006: Wednesday 23 May to Thursday 24 May 2007

28 April - International Workers’ Memorial Day - April 2005: Worldwide millions die each year as a result of workplace hazards. Most don’t die of mystery ailments, or in tragic "accidents". They die because an employer decided their safety just wasn’t that important a priority. The global trade union movement wants employers to be accountable for workers’ health and safety.

A ’New Deal’ for the railways? - the SRA’s refranchising programme - April 2001: TSSA has commissioned an independent report, "A ’New Deal’ for the Railways? - The SRA’s Refranchising programme", written by Dr Jon Shaw of the Centre for Transport Policy at The Robert Gordon University.

A ’New Deal’ for the railways? - the SRA’s refranchising programme - Executive Summary of report - April 2001

A full day’s pay - April 2007: I am a rep, though I only work part time. When I go on courses the other reps get paid for a full day, but I am only paid my part time hours. Shouldn’t I be paid for the whole time on the course?

A glossary of common economic terms - August 2000: The following is a glossary of terms used by the Government’s Office for National statistics when reviewing economic activity in any given period in the UK

A glossary of legal terms - February 2001: This brief explains the most common legal terms and phrases used in employment law.

A guide to pensions jargon - May 1999: Pensions are a subject that is particularly bedevilled with jargon. The aim of this brief is to provide a brief introduction to some common pension terms and make a very important subject more accessible to trade unionists.

A pain in the ... - June 2009: I work doing data input but I have developed an incurable back problem that means I can’t sit in one position for any length of time. My manager has now said there is no alternative work for me so they will have to terminate my contract. I mentioned that I had seen a ‘Meet & Greet’ job that would be ideal, as it’s mainly standing up but he said no as it pays more than my job so would be promotion and therefore he couldn’t give it to me.

Accidents at work - June 2001: This brief provides members with a brief outline of the law on accidents and injuries at work.

Additional State Pension - January 2005: Depending on your individual circumstances, you may be entitled to additional State Pension which is paid in addition to the State Pension.

Advice for free - May 2007: My landlord wants me to move out of my flat so that he can give it to a relative. Can he do this? Can you give me any advice?

Advice to members in the event of redundancy - October 2001: What is redundancy? - What can I expect from my employer? - Will I get a redundancy payment? - How much notice will I get? - What about outstanding pay I am owed? - What about other benefits? - Can I look for another job?

Ageism? - February 2009: I am being forced to take redundancy, and I notice that my colleagues over the age of 40 get higher payments. Surely this is age discrimination.

Aggravating factors - March 2008: I represented two colleagues at a gross misconduct disciplinary hearing. One was given a final warning and one was dismissed. I thought employers should treat both the same?

Alcohol problems in the workplace - May 2003: Alcohol misuse is a major issue affecting employers and employees in the UK.

Asbestos in the workplace - the new regulations - July 2004: This factsheet has been prepared in conjunction with the TUC and tells you about the new requirements on duty holders to record the presence of asbestos in the workplace; the rights and role of a safety rep; and what you need to do to make sure your employer complies with the law.

Asbestos Register - April 2006: Asbestos was widely used throughout industry and the railway industry was no exception. It is now beyond doubt that asbestos is, and will remain for some time, the biggest industrial killer ever as thousands die each year from mesothelioma and other asbestos related cancers.

ATP will only happen if Government and Industry work together - March 2003: Automatic Train Protection (ATP) has been a controversial topic since the late 1980s following the Clapham Rail crash.

Attendance Allowance (AA) - January 2005: A tax free benefit paid to anyone aged 65 or over who needs help with their personal care because of illness or injury.

Baby talk - April 2008: I am on my ordinary maternity leave with my first child and a friend has said that under the new rules I have to go into work on ten occasions between now and the end of my leave. If I don’t want to, will I lose my maternity pay?

Back pain - May 2001: For many years now, back pain has been one of the most common reasons for sickness absence from employees in all parts of industry.

Back the Agency Workers Bill on February 22nd - February 2008

Back to Work Bonus - January 2005: A tax free lump sum of between Ł5 and Ł1000, for people moving off benefits and into work.

Bad reference - April 2005: I fell out with my boss and she gave me a poor reference. Can I do anything about it?

Bank Holiday Working - June 2005: I have been told by my boss that from now on I have to work on bank holidays. I thought everybody as entitled to a day off on a bank holiday.

Bank holiday? - August 2007: I currently have to work bank holidays. Do the new rules mean I can now refuse to work them?

Be reasonable - October 2008: I have just been elected Health & Safety rep for my area. I have applied for time off to attend a TUC training course at my local college but my boss is saying I can’t have the time off as it’s in two blocks of one week each. Can I insist on going?

Bereavement Allowance - January 2005: A system of bereavement benefits for men and women, introduced in April 2001.

Bereavement Payment - January 2005: A new system of bereavement benefits for men and women was introduced in April 2001.

Black History Month Events - October 2006

Break away - August 2008: I have been offered the trip of a lifetime, travelling with a friend for six months. My company offers a career break scheme which I would like to take advantage of, but looking at the company handbook I’m not sure that I will get my old job back when I return.

Breaks - young workers - June 2005: My boss tells me I am only allowed a 20 minute break even though we work a nine-hour day,but my mum says I should have longer because I am only 17.

Breathe easy - February 2005: I work in a part of a depot where the diesel fumes trigger my asthma. I have asked the company to move me but they refuse.

Budgeting Loans - January 2005: If you or your partner have been getting Income Support or Jobseeker’s Allowance or Pension Credit, or payment on account of a combination of these benefits, for at least 26 weeks, you can spread the cost of things other than regular expenses, to help you or your family, by applying for repayable interest-free loans.

Bully boys - October 2006: My manager called me in for a ‘one-to-one’, which we are supposed to have every three months, but when I got there he had his two assistants in as well. They all started having a go at me and I felt totally intimidated. They said if I didn’t improve my work I could be looking for another job.

Bullying - May 2004: The Trade and Industry Secretary Patricia Hewitt announced a project in early 2004 to eradicate bullying and discrimination in the workplace.

Call a friend - October 2007: I have a disciplinary hearing due, and I wanted to take a colleague I have known for ages who is not a rep now but who had lots of experience in the past. The company says that because he works for a different part of the organisation he is not allowed to accompany me. Do I have to find somebody else?

Call a friend - April 2009: I have been called to an investigatory hearing and I want to take a rep but the company says no. How does this fit in with the new Acas code of practice?

Can work but no work - October 2008: I turned up for work but our systems were down so we were sent home – now they are saying we have to take the shift as leave or work extra to make it up. I checked my contract and it doesn’t say anything about what happens if there’s no work.

Carer’s Allowance (CA) - January 2005: CA (formerly called Invalid Care Allowance) is a taxable benefit for informal carers.

Caring Time - April 2009: I overheard somebody in the pub talking about flexible working, and I wondered if it applied to me. My step-father is now disabled and is moving into a granny flat we have built for him. I will need to alter my hours as there are certain times of the day when he will need my help

Child Benefit - January 2005: A benefit for people bringing up children that is paid for each child and is not affected by income or savings.

Child Maintenance Bonus and Child Maintenance Premium - January 2005: The Child Maintenance Bonus is a one-off payment of up to Ł1000 for people who receive child maintenance and leave benefit to start work.

Child Tax Credit (CTC) - January 2005: Parents who are out of work and those in work are eligible for CTC which is designed as a support for children.

Child time - April 2009: I was speaking to a friend in the pub who mentioned that I can now apply for flexible working until my child is seventeen. You always say don’t believe what you’re told in the pub, but is she right?

Child Trust Fund - January 2005: From April 2005 the government will provide all eligible children with a Ł250 voucher which can be used to open a Child Trust Fund.

Childcare - March 2004: Childcare is increasingly recognised by the government, employers and trade unions as an important component in maintaining and improving the UK’s economic performance in the years to come.

Chirstmas lights - December 2007: We asked permission to put up Christmas lights, but were refused on health and safety grounds, as they were an appliance and had to be tested. We were going to club together and buy new ones.

Christmas Bonus - January 2005: The Ł10.00 Christmas bonus is normally paid automatically to anyone who is in receipt of at least one of a variety of benefits including Attendance Allowance, Disability Living Allowance, Incapacity Benefit (long term rate), Retirement Pension, etc.

Christmas leave - December 2007: My employer says that as from next year we must take annual leave between Christmas and New Year. Surely they can’t force us?

Civil rights - April 2006: I have recently entered into a civil partnership, and I want to change my surname to that of my partner. My employer says I can only do this by deed-poll and that will be expensive.

Cold Weather Payments - January 2005: Cold weather payments are paid automatically during periods of very cold weather.

Community Care Grants - January 2005: Community Care Grants are part of the Social Fund.

Confidential Incident Reporting & Analysis System (CIRAS) - April 2007

What is CIRAS?

CIRAS is the Confidential Incident Reporting & Analysis System for the UK railway industry. It is an alternative way for rail industry staff to report safety concerns they feel unable to relay through company safety channels.

Consulting time - April 2009: I am a local rep and we are negotiating a major change to our rosters, affecting 50 staff. I have asked to be released for a day to consult the members about management’s proposals, but my boss has said I must do it in my own time.

Contract crisis - February 2005: I am on my third six-month fixed term contract and I have had no complaints and all good appraisals. I have seen a permanent, higher graded job advertised on the company website, but my boss says that as I’m on a fixed term contract I can’t apply. Is there anything I can do?

Contract rights - August 2004: I have been working for my new company for six months and I don’t have a contract yet. What are my rights?

Corporate Manslaughter - November 2004: For some years now the trade union movement has been campaigning for an improvement in the corporate killing law whose weakness allows managers with ultimate responsibility, at director level, to evade being held to account when, by their actions, workers or members of the public are killed.

Corporate social responsibility - July 2004: Corporate Social Responsibility (CSR) is a concept whereby companies integrate social and environmental concerns in their business operations and in their interaction with their stakeholders on a voluntary basis.

Council Tax Benefit - January 2005: Helps towards paying council tax.

Cramped office - April 2005: We are moving into a new office and it feels really cramped. Is there a minimum amount of space we should have?

Crisis Loan (Social Fund) - January 2005: A repayable interest-free loan designed for help in an emergency or disaster.

Current legislation - October 2004: The following list of Public Bills and Private Members Bills are amongst a large number being considered by Parliament as at 12 October 2004:

Data Protection Act - June 2005: From a few comments my manager has made I think there are some inaccuracies in my personal file. I asked to look at it to check but my boss has refused. Can I insist on seeing it?

Data Protection Act - briefing for TSSA reps and officers - December 2001: This briefing covers disclosure of TSSA membership details to third parties (including to employers), privacy and security of personal data on TSSA members and processing of personal data on non-TSSA members.

Data Protection Act 1998 - October 2000: This brief is a guide to the provisions of the Data Protection Act 1998, the responsibilities of data controllers and processors, and the rights of individuals.

Data Protection Act 1998 - update - October 2001: This brief further explains the Data Protection Act 1998 from a trade union perspective.

Dealing with sex discrimination in the workplace - May 1999: A guide for representatives on dealing with sex discrimination in the workplace, the different types of discrimination and remedies.

Defined benefit pensions v defined contribution schemes - February 2004: The recent rush to close final salary pension schemes to new employees means that an increasing number of workers are now having to rely on defined contribution (or money purchase) schemes to provide their future retirement income, either through a scheme set up by their employer or a personal pension as a group or individual arrangement.

Delivering health & safety in Great Britain - HSC Annual Report and HSE Accounts 2002/03 - November 2003: The Health & Safety Commission (HSC) Annual Report 2002/03 details the work of the HSC/Executive during 2002/03 and is based upon the plans contained in the HSC’s Business Plan which, in turn, is based on the Strategic Plan 2001-2004.

Designated ’no smoking’ areas provide partial or no protection from environmental tobacco smoke - April 2004: A research paper, recently published in the British Medical Journal - Tobacco Control, discusses an Australian study that sought to establish the effectiveness of designated ’no smoking’ areas in the hospitality industry as a means of protection against environmental tobacco smoke (ETS), and whether particular design features help to achieve this goal.

Disability - the meaning - May 2003: The Meaning of Disability Regulations which accompany the Disability Discrimination Act (DDA) provide that addiction (including a dependency) to "alcohol, nicotine or any other substance" is to be treated as not amounting to an impairment for the purposes of the DDA.

Disability Discrimination Act - April 2002: Disabled people continue to be disadvantaged in the job market due to prejudice, lack of understanding, inadequate access and the failure of the education system to accommodate their needs.

Disability Living Allowance (DLA) for a child under 16 - January 2005: You can claim DLA for a child with a severe physical or mental illness or disability if they need much more help or looking after than other children of the same age because of their illness or disability.

Disability Living Allowance (DLA) for a person aged 16 or over - January 2005: DLA should be claimed if you have needed help for 3 months because of a severe physical or mental illness or disability, and you are likely to need it for at least another 6 months.

Diversity training offered by majority of employers - May 2003: Three out of five organisations now provide diversity training, according to the 2003 annual Training and Development survey from the Chartered Institute of Personnel and Development (CIPD).

Doctor, doctor - April 2008: I am approaching 65, and have asked to stay on. The company has agreed to postponing my retirement provided I take a medical. I haven’t had a medical since I joined 20 odd years ago, and I’ve not had a day off sick for over five years. Can they insist on it? And what happens if I refuse?

Domestic violence - an introduction - August 2004: After years of campaigning, the issue of domestic violence has begun to work its way on to the political and social agenda.

Domestic violence - helping the victims - October 2004: This brief explains why domestic violence is a workplace issue and what can be done to help the victims of domestic violence.

Domestic violence - model policy - November 2004: This brief provides a model Domestic Violence policy which TSSA reps can use when discussing, with their employer, the development of a workplace strategy for dealing with domestic violence.

Domestic violence - useful contacts and further information - November 2004: This brief provides some helpful contacts for further information and assistance on domestic violence.

Don’t bet it away - February 2009: I’m redundant at the end of the month and I am not sure what to do with my redundancy pay. Are you able to offer any advice?

Don’t pick on me - April 2009: My manager has been really picking on me since February, and I should have done something about it but I hoped she would stop. Now I want to submit a grievance, but as it’s after the old statutory grievance procedures were abolished will it make a difference to how my case is dealt with?

Don’t even ask - February 2006: I have applied for a job in a travel agency, and one of the questions on the form was about criminal convictions. I was put on probation 15 years ago for soliciting (I was only 17). If I don’t tell them and they find out what will happen?

Don’t panic! - April 2007: I have just been elected as the local rep but I find the whole prospect a bit daunting. How can I find out how to represent colleagues at disciplinaries etc. without looking a complete idiot?

Draft code of practice on violence and stress at work in services: a threat to productivity and decent work - November 2003: The International Labour Office (ILO) has published this draft code of practice (the code). It aims to provide general guidance in addressing the problem of workplace stress and violence in services sectors.

Draft Corporate Manslaughter Bill - April 2005: The Government published a draft Bill aimed at introducing a new offence of corporate manslaughter on 23 March 2005. They will be seeking comments on the draft by 12 June 2005.

Election of Trade Union Representative to the Railways Pension Scheme Trustee Board - Employee Director Casual Vacancy - January 2004: TSSA Members of the Railway Pension Scheme should be aware that a casual vacancy has arisen for a Trustee of the Railway Pension Scheme as a result of the resignation of the RMT’s General Secretary Bob Crow from his position as a Trustee.

Employees’ stress and employers’ liability - April 2005: The Court of Appeal has provided an excellent summary of the situations in which an employer can be held liable for employees’ work-related stress.

Employers recruitment practices risk discrimination claims - May 2003: UK organisations could be leaving themselves open to discrimination payouts of millions of pounds from job seekers, according to a report by The Work Foundation, which highlights inadequate monitoring of job applicants for diversity.

Employment - January 1999: We publish regular reps bulletins on employment matters, providing detailed guidance and information on workplace matters, for the use of our lay representatives.

Employment Equality (Sexual Orientation) Regulations 2003 - TSSA Supports Legal Challenge - November 2003: The TUC recently announced that it is to co-ordinate a union-backed legal challenge to the Employment Equality (Sexual Orientation) Regulations 2003 which could allow pension schemes and religious organisations to continue to discriminate against lesbian and gay workers.

Employment rights - April 1999: This section of the website provides general guidance on employment rights and legislation.

Enforced leave - October 2004: We have just been told that our shop is being refurbished next week and my boss has said that I must take the week off as part of my annual leave. Can she do this?

Enhanced pay - December 2007: My company has said we will have to work on 2 January, which is a bank holiday here in Scotland. They have also said we won’t be paid any extra for doing it. Shouldn’t we get enhanced pay for a bank holiday - we always used to?

Equal Pay - August 2000: Despite the Equal Pay Act 1970 and the National Minimum Wage Act 1998 women generally still struggle to get a fair day’s pay.

Equal Pay differences between Scotland, Wales and the English Regions - May 2003: The following information is obtained from the 2002 Labour Force Survey and is based on hourly earnings including overtime.

Equal pay questionnaire came into force on 6 April 2003 - May 2003: Individuals who suspect their employers pay them less than their colleagues are able to use the new equal pay questionnaire from 6 April 2003.

Equality issues - April 1999: This section of the website provides general guidance on equality issues, rights and legislation.

EU law? Call us - April 2007: We were in a meeting and the manager started saying that he couldn’t agree to our suggestion because of European law. We weren’t sure if he was right or not. What do you think we should do if he brings this up at the next meeting?

Expectation of baby - June 2007: My baby was due on 9 April, after the maternity leave rules changed on 1 April, but he was early and born on 28 March. My employer says that because of this I am only entitled to six months’ SMP, not nine.

Expired warning - March 2008: I represented two colleagues at a gross misconduct disciplinary hearing. One was given a final warning and one was dismissed. The only difference was the person who was dismissed had a final written warning on his file that had expired a month ago. I thought the employer could not take expired warnings into account.

Extended Payment of Housing Benefit and Council Tax Benefit - January 2005: The rules are the same for both of these benefits, also known as Housing Benefit Run On (HBRO), and mean that you can carry on getting these benefits for an extra 4 weeks at the amount you have been getting if certain benefits stop because of work.

Extra pay? - August 2007: I have been asked to work the next bank holiday, but my boss won’t pay me any extra for it. Shouldn’t I get enhanced pay?

Eye tests - December 2004: We have just started using new ticket machines which have modern computer screens. I have heard I can request an eye test, is that right?

Fair dismissal - June 2007: I am regarded as disabled under the Disability Discrimination Act, and I have been off for 13 of the last 18 months all because of my condition. Now my company has said that they are going to dismiss me because of my non-attendance. I thought if I was disabled they couldn’t do that.

Fair hearing - April 2009: I was investigated for a breach of discipline and now I’m called to a formal hearing. The same manager is taking the hearing as did the investigation. I thought they couldn’t do that?

Fair overtime? - October 2008: My company has a policy that we only get paid for overtime after we have worked five hours extra. I work part-time but I still have to do the five hours the same as a full-timer before I get paid any extra. I think this is discriminatory, as I have to work proportionately more hours before I get paid for them.

Fall guys - May 2007: I fell after being pushed by a sub-contractor’s employee at my workplace and as a result I am now partially disabled. I wanted to claim compensation but my employer says they are not responsible because the person is employed by another company.

Fancy a drink? - October 2005: I asked a girl at work if she would like to come out for a drink. She said no, and I thought no more about it. Now my boss has said she has complained about harassment. How can that be since I only asked her once and have not mentioned it again?

Final warning - March 2008: I have a final written warning on my file which expired five years ago. Shouldn’t it have been removed?

Financial Assistance Scheme - January 2005: The Pensions Act 2004 contains the Financial Assistance Scheme (FAS), which will offer help to some people who have lost out on their occupational pension because their scheme was under-funded when it wound up and their employer has been unable to make up the deficit.

Fire Safety Checklist - January 2001: In 1997 thirty employees died and two thousand six hundred were injured in the UK as a result of a fire in their place of work.

First Aid in the Workplace - August 2001: People at work can suffer injuries or fall ill. It is important that if they do, they receive immediate attention, and that an ambulance is called in serious cases.

Flexible caring - June 2007: I understand I can now apply for flexible working in the same way as people with young children, as I am a carer for my mother who is disabled and lives with me.

Forced transfers - October 2007: We have been TUPE transferred, and the new company has said that it intends to harmonise our terms and conditions. We will be worse off but the company says the new rules allow them to force it through. I thought TUPE protected us.

Foul word play - October 2007: My boss is always swearing, using really foul and abusive language, and I find it very intimidating. I have complained but I was told it was normal in my industry, and in effect put up with it or leave.

Free milk for disabled children - January 2005: If you have a child (aged between 5 and 16) who cannot attend school because of a physical or mental disability, you can claim free milk for them.

Frequently asked questions (FAQs) - January 2000: This section of the website contains answers to some of the most frequently asked questions received by TSSA’s Helpdesk.

Frozen out - December 2005: I don’t know why, but one of the women at work seems to have taken a dislike to me. She won’t talk to me and ignores me if I say “good morning”. She often brings in cakes for the staff but never offers me one - I find the whole thing very upsetting. I spoke to my boss but she says unless there is real bullying or harassment there is nothing she can do.

Full time for part time - July 2008: I have been made redundant and I am working my six weeks notice period clearing up some outstanding admin work. My boss has said I only need to come in half time, and they will reduce my pay accordingly. This doesn’t seem right.

Full-time losses - July 2006: I have been working full-time, but my boss has shown me as part-time and reduced my income tax and national insurance (NI) contributions accordingly. Now I am pregnant and officially I am below the earnings threshold for statutory maternity pay. He refuses to make up my NI payments for the past couple of months so that I can claim it. What can I do?

Funeral Payment - January 2005: If you have taken responsibility for the costs of a funeral in the UK you can get help towards the cost, dependent upon your circumstances and not those of the person who has died.

Garden leave - February 2009: We have been made redundant, but we are required to work our notice. Trouble is, there is no work and we have to sit here with nothing to do and we can’t bring in a book. Can we insist on garden leave if there is no work? We have a month to go.

General - January 1999: We publish regular reps bulletins on general matters, providing detailed guidance and information on workplace matters, for the use of our lay representatives.

Give me a break - February 2006: Our boss has said that instead of having one 20-minute break we must take two 10-minute breaks. This doesn’t give us time to relax, to eat our food or even enjoy a cup of coffee. Is this legal?

Give me a break - July 2006: I have won a competition to take part in a round-the-world yacht trip for nine months. I see from my company handbook they offer a career break scheme but my friend says I should be careful and read the small print first. I think she’s just jealous.

Government broadens childcare tax incentive package for working parents - May 2003: Improved incentives to boost employer-supported childcare were outlined in a Treasury consultation in 2003, marking another step towards affordable, good quality childcare for all.

Government response to Select Committee’s recommendations - November 2004: In responding to the Select Committee’s recommendations in October 2004, the government has claimed that the present funding levels are sufficient, provoking comparisons by Paul Noon, General Secretary of the HSE inspectors’ union, Prospect, of delusion on a scale comparable with the emperor’s new clothes.

Grievance first - April 2009: I was just about to submit a grievance but I hear the rules have changed and I can go straight to an Employment Tribunal. What do I do next?

Guardian’s Allowance - January 2005: Guardian’s Allowance is an allowance for people bringing up a child or children because one or both of their parents has died.

Harassment at work - September 2000: Harassment may be defined as conduct that is unwanted and offensive and which affects the dignity of a person.

Have your say on the future of facilities for reps! - September 2006: Earlier this year, the DTI announced plans to review the facilities and facility time available for workplace reps. The TSSA welcomes this review as the first step in securing a better deal for union reps across the UK.

Health & safety - April 1999: This section of the website provides general guidance on health & safety rights and legislation.

Health & Safety - January 1999: We publish regular reps bulletins on Health & Safety matters, providing detailed guidance and information on workplace matters, for the use of our lay representatives.

Health & Safety Inspections - September 2001: This brief provides an example of a Safety Rep’s "Local Health and Safety Inspection Procedure".

Hearing aid - July 2006: We have the builders in and they are using pneumatic drills next door. We can hardly hear ourselves think and they say it will go on for weeks. Do we have to put up with this?

Help for Carers - January 2005: You may be able to get help with things like adapting a home for a disabled person, respite care or other support.

Help with health costs - January 2005: Help with health costs is available in the following circumstances

Hidden racism still pervades British workplaces - May 2003: Britain’s black and ethnic minority workers say that real progress has been made in combating race discrimination at work over the past 10 years, but that racism persists, often in disguised form.

Holding the baby - October 2008: My child minder told me that she won’t be available one day next week. I’ve tried everybody I can think of and for various reasons there is absolutely nobody that can help. I asked my employers for the day off as ‘dependant’s leave’ but they have refused, saying that as I’ve had over a week’s notice it isn’t an emergency.

Holiday blues - October 2005: I have been off sick for 12 months and my sick pay has run out - can I still claim my four weeks’ holiday pay?

Holiday or sickness? - October 2007: I was taken ill while visiting my family on holiday, and had to stay another three weeks. I got a sick note from a local doctor but the company is refusing to accept it, and have withheld my pay for the extra time I was away. Are they allowed to do that?

Holiday plans confirmed - January 2010: Q. I realised I had four days leave left at the end of the year and I applied on 22 December to take them from 28 to 31 December. My boss refused to grant them and now she says I have forfeited them, and is refusing to pay in lieu or let me carry them forward. I thought they had to let me take my statutory leave.

Hot and bothered - April 2008: I am a health and safety rep. Two of the members I represent are going through the menopause and they are finding it very difficult to wear the full uniform as required because of their symptoms (chiefly hot flushes). Management are refusing to make allowances by letting them take their jackets off. Can I do anything to make them see sense?

Housing Benefit - January 2005: If you are on a low income and paying rent, you can make a claim for Housing Benefit (also known as rent rebate (council tenancies) or rent allowance (private tenancies)).

How do we do this? - April 2007: My colleague and I have been elected as temporary reps to deal with an imminent TUPE transfer, but we are not sure exactly what we should be doing.

How sick are you? - November 2007: My manager stopped my sick pay as he said it was at his discretion and he didn’t think I was genuinely sick, even though I sent in a sick note.

HSC’s strategy for improving health and safety on railways 2002-2005 - May 2004: The original Strategy was published in May 2002, which outlined the HSC’s broad priorities for regulating rail health and safety under five specific aims.

HSE Strategy for workplace health and safety - November 2004: The Health and Safety Commission published their new long-term blueprint for Britain’s workplaces in February 2004.

HSE’s Annual Report on Railway Safety 2003/2004 - January 2005: The HSE’s annual report on the safety record of Britain’s railways covers the period 1 April 2003 to 31 March 2004.

Human Rights Act 1998 - November 2000: An analysis of the Human Rights Act 1998, with particular reference to employment and workplace-related matters.

Hundreds of whistle blowers sacked - April 2005: Hundreds of workers are being sacked every year for refusing to work in unsafe offices and factories because the law that is meant to protect them is failing to stop their negligent bosses from showing them the door, according to a joint TUC/Hazards investigation published recently.

Ill-health retirement - February 2008: I have been on long term sick for 13 months and my employer is talking about terminating my contract. Can they just sack me like that?

In deep water - October 2008: Recently the road at the end of my street was three feet deep in floodwater and I couldn’t get to work. My employer has said that I either treat the day off as annual leave or as unpaid leave. As it wasn’t my fault shouldn’t I be paid?

Incapacity Benefit - January 2005: Incapacity Benefit is paid if you are unable to get Statutory Sick Pay (SSP) or your SSP has ended.

Income Support - January 2005: Income Support is designed for people aged between 16 and 59, on a low income and who are either not working at all or are working on average less than 16 hours a week.

Income Support for care homes - January 2005: If you are aged 16 to under 60 and on a low income whilst living in a home either permanently or temporarily you may be able to claim Income Support.

Increase in Defined Benefit Scheme Closures Continues - December 2004: According to the latest annual survey from the National Association of Pension Funds (NAPF), ten per cent of final salary schemes in the private sector closed to new staff in 2004 compared to 26% in 2003 and 19% in 2002.

Independent financial advisers avoid giving advice on opting out of state second pension - December 2004: Nearly two thirds of independent financial advisers (IFAs) are not prepared to advise people seeking guidance on whether they should contract back into the state second pension, according to a recent survey.

Industrial Injuries Disablement Benefit (Accidents) - January 2005: For people who are disabled as a result of an accident at work

Industrial Injuries Disablement Benefit (diseases and deafness) - January 2005: This benefit is for those people who are ill or disabled as a result of a disease or deafness caused by work.

International - January 1999: We publish regular reps bulletins on employment matters, providing detailed guidance and information on workplace matters, for the use of our lay representatives.

International Labour Standards - October 2000: Upon its creation in 1919, the International Labour Organisation (ILO) agreed to establish a set of international rules aimed at delivering protection against labour conditions involving "injustice, hardship and privation".

International Women’s Day 2008 - February 2008

Interoperability and safety management : the second railway package - August 2004: In 1996 the European Commission issued the High Speed Interoperability Directive (96/48EC), the aim of which was to ensure that high speed trains could run freely across the European high-speed network (defined in the UK as the West Coast Main Line, East Coast Mainline, Channel Tunnel Rail Link and Great Western) and that railway equipment could be traded without restriction.

Investigation - December 2004: I have been called to an investigatory hearing. The company says I can’t bring a rep but I feel vulnerable without one.

Investing in Health & Safety - August 2005: As trade union activists, reps are already convinced of the moral and principled case for high standards of health and safety in the work place. Even in this day and age, some employers are not so enlightened. This Bulletin brings together information to help reps put the business case for improving health and safety when dealing with these employers.

Is anybody there? - April 2006: I submitted my grievance three weeks ago but my boss has just ignored it. Now what do I do?

Issues for pregnant employees - November 2004: Lack of awareness could be putting the health and well-being of pregnant women and their unborn babies at risk according to the shop workers’ union, USDAW, who have conducted a survey of 1200 women.

It’s about access - June 2008: My company organised a ‘team building’ exercise at a paint-balling centre. They would not let me go because of my ‘disability’. Though I walk with a limp I certainly don’t regard myself in any way disabled. Can I bring a claim for discrimination under the Disability Discrimination Act?

It’s no joke - October 2006: My colleagues have started picking on me. They have done things like nailing my locker shut and hiding my prayer mat. When I complained to my manager he said it was just ‘high spirits’, and the lads having a joke, but I don’t find it funny.

Job Grant - January 2005: Job Grant is a tax free payment payable if you are taking up full time work of at least 16 hours per week.

Jobseekers Allowance (JSA) - January 2005: JSA is paid if you are capable of working, if you are available for work and if you are actively seeking work.

Just pathetic - October 2006: As the local staff rep I represented a colleague at a disciplinary hearing on what I regarded as a trivial, manufactured offence. The manager gave him a written warning, which we have appealed. Now the manager has written to me saying that as I defended my colleague I must be condoning his actions.

Keep in touch too much - June 2008: I read about the 10 Keeping in Touch days in the journal, and I have agreed to do it, but my boss said that there are some big changes coming up and he would like me to do two extra days. Will this be OK?

Keep you informed - April 2008: I went into work on one of my keeping in touch days and found out that my supervisor had left and her job has been advertised. I would have applied had I known about it. Is there anything I can do?

Keep you safe - April 2008: I am hoping to start a family soon, but I am worried about some aspects of my job. I am an engineer and I have asked my boss to do a risk assessment but he says I have to wait until I’m pregnant. I worry that it may then be too late.

Keep your car - April 2008: I have just found out I’m pregnant, and the baby is due mid October. When I told my boss, she said that according to my contract, I would have to hand back my company car while I was off. I was relying on it, as I won’t have access to my partner’s during the day when I need it. Can I do anything?

Keep your rights - April 2008: Do I have to tell my employer that I am pregnant? There are some new jobs coming up and I worry it may affect my chances of getting one.

Labour Research Department (LRD) - June 2003: An overview of the services and activities of the Labour Research Department

Learning difficulties - August 2006: I am the local health and safety rep, and I have completed the Stage 1 and 2 health and safety course. I now want to do Stage 3 but my human resources department says I don’t need to and they have refused me time off to attend. I thought I was entitled to training.

Legal timetable - February 2005: Set out below is a summary of recent and forthcoming legislation which will impact on the field of employment law.

Legislation - April 1999: Updates on current and forthcoming legislation

Light work - July 2007: My doctor has signed me off for another eight weeks, but the company doctor says I can return on light duties for five hours a day for the next eight weeks and my manager has told me to report on Monday. Do I have to go back to work?

Links to other resources - January 2004

Links to other resources - January 2004

Lone Parent Benefit Run On (LPRO) - January 2005: If you have been getting Income Support (IS) or income-based Job Seeker’s Allowance (JSA(IB)) you can get an extra 2 weeks benefit (at the same weekly amount) in the following circumstances:

Long long ago - June 2009: My company received a complaint about me eight months ago. Nothing much was said at the time but now they have decided to start disciplinary proceedings and have said it could lead to dismissal. Can they do this after such a long time?

Lords approve Pensions Bill - December 2004: The Pensions Bill has finally been passed by the House of Lords without an amendment that would have raised the age limit for compulsory pension annuities.

Love hurts - February 2006: I had an affair with my boss, which I broke off when my wife found out. Now my boss is constantly picking on me and giving me menial jobs to do. How can I end this situation amicably?

Lunch vouchers and minimum wage - August 2005: I complained to my employer that I was being paid less than the minimum wage, but he said that the lunch vouchers I get, worth Ł2.50 a day, take me over the minimum. Can he get away with this?

Man in the pub v helpdesk - February 2008: I wanted to take my employer to a tribunal for bullying but the Helpdesk said I had to go through the grievance procedure first. They are usually pretty helpful so I followed their advice. The company has been very unsympathetic and I am still waiting for my final appeal. A friend in the pub said I only have three months to go to a tribunal, and as this has been dragging on longer than that I am too late. Is he right?

Managing occupational road risk - May 2004: The Royal Society for the Prevention of Accidents (RoSPA) has published a guide, designed to help organisations adopt a systematic management approach to reducing the risks that their workers face and create for others while they are at work on the road.

Manual handling operations regulations 1992 (as amended) - guidance on regulations - May 2004: The third edition of this HSE legal series publication provides detailed guidance on manual handling and aims to help employers, managers, safety representatives and employees across all industries reduce the risk of injury from manual handling.

Many people feel property is safer than pensions saving - December 2004: Rocketing house prices mean many homeowners are planning their pensions around the profits, according to a survey from the Prudential.