Glossary of terms

When an Employment Tribunal assesses whether an employee was dismissed fairly or not, it must determine the reason for the dismissal; this means that the Tribunal will need to establish what was in the dismissing officer's mind at the time the dismissal took place. A recent case illustrates how important it is for an employer to state clearly in its witness evidence the reason or reasons the dismissal was made.In this case, the employee was dismissed for three separate matters. When he appealed, the employer did not overturn the dismissal but made it clear that it relied on only one of those matters, as that was a gross misconduct offence it warranted dismissal.When the case came before the Employment Tribunal it found that the decision to dismiss for this one matter was outside the range of reasonable responses and would normally be unfair. However, the Tribunal went on to say that because the employee had been given previous warnings that the decision to dismiss was, in this case, a reasonable response and was therefore fair.When the case went to appeal, the Employment Appeal Tribunal (EAT) stated that the Tribunal should not have taken into account matters which the employer did not have in its mind when dismissing the employee. In other words, the previous warnings were not mentioned in the employer's reasons for dismissal. The EAT stated that the reason for dismissal must be "the reason which was extant and operative in the mind of the employer".Employers should remember, both at dismissal and appeal stages, that reasons for dismissal must be stated in the dismissal letter and/or in the appeal letter. If the employer is relying on a number of issues, this must be made clear. Should the case go to Tribunal, the dismissing officer must also state the reasons for dismissal in his/her witness statement.

The required standard of proof in criminal courts in the UK

Damage to a property as a result of normal use

Person appointed by the Court of Protection to act on behalf of a patient

This is a type of bankruptcy a company enters when a receiver is appointed to run the company

Members of the legal profession who are appointed to act in a judicial capacity on a part time basis

A company can redeem shares which are issued as redeemable shares by repaying the nominal value to the shareholder, whereupon the shares are cancelled

An application by a solicitor or barrister to reconsider amounts assessed by determination

Where employment is terminated because the position no longer exists

This bestows a monopoly right for the look of a product, protecting both the shape and the pattern or decoration

The official address of a company as stated on the register at Companies House

System by which the ownership of estates in land is recorded and registered

To order an accused person to be kept in custody or placed on bail pending further Court appearance

Payments or other actions ordered by a court in order to settle a dispute

Pay or reward for services rendered

Taking possession of a property, usually due to lack of payment of rent or mortgage

Where one party to a contract refuses to comply, amounting to a breach of contract. Also, where a contract was made by a minor (person under the age of 18) who then repudiates it at or shortly after the age of 18

A serious breach of contract (by either employee or employer) which entitles the other party to terminate the contract without giving notice

The possibility to end a contract if it is entered into as a result of a misrepresentation

This refers to where and with whom a child resides

The Beneficiary of the Residual Estate

The remainder of the estate after payment of all debts, legacies, taxes and expenses

The party against whom proceedings are brought

When a Warrant of Restitution must be issued