Glossary
Legal terms that you might need in an employment tribunal claim
Note that each of the concepts below apply equally to discrimination against male workers (except of course pregnancy and maternity discrimination).
| Direct discrimination | Direct pregnancy/maternity discrimination – Less favourable treatment of a woman because of her pregnancy or maternity leave; in pregnancy/maternity claims there is no need to show less favourable treatment than a man (s18 EqA). Direct Sex Discrimination – Less favourable treatment of a woman than a man because of her (or his) sex (s13 EqA) |
| Indirect discrimination | This occurs where there is a provision, criterion or practice (PCP) which applies to both women and men, which particularly disadvantages women (compared to men), puts the woman at a disadvantage and which the employer cannot show is justified. An example is a refusal (in some cases) to allow a woman to work part-time, because women tend to bear more of the responsibility for childcare than men. (s19 EqA) – see our website article for more information. |
| Harassment | Harassment is a type of discrimination which must be linked to one of the listed protected characteristics. Harassment is defined as unwanted conduct which violates the claimant’s dignity or creates an intimidating, hostile, degrading, humiliating or offensive environment. (s26 EqA) |
| Victimisation | This occurs where a worker (or ex worker) is treated less favourably because she has brought proceedings, complained of discrimination or provided assistance to those who have complained. (s27 EqA) |
Tribunal Documents and Terms
| Claimant | The person making the claim. |
| Respondent | The employer (and sometimes also an individual) against whom the claim is made |
| ACAS | The role of ACAS is to try and conciliate between the parties to reach agreement. ACAS provides free and impartial advice to employers, employees and their representatives on employment rights and resolving workplace conflict. You need to contact ACAS before you can bring an Employment Tribunal claim. When you tell ACAS that you want to make a claim, they will offer you ‘Early Conciliation’. This is when ACAS talk to both you and the respondent about your dispute. It gives you the chance to come to an agreement without having to go to tribunal. You MUST contact ACAS before the time limit on your claim expires. This is important – more information here. If Early Conciliation doesn’t work, ACAS will give you a certificate with a number on it. You will need this number for your ET1 form, otherwise your claim won’t be able to proceed in the Employment Tribunal. |
| ET1 | This is the form on which a complaint to the Employment Tribunal must be made. It is sometimes also known as the Claim Form. |
| ET3 | This is the form on which the employer must respond to a complaint. It is sometimes also known as the Grounds of Resistance. |
| Questionnaire | A person alleging discrimination can send to her employer a questionnaire which sets out the alleged discrimination and questions about why the employer behaved in the way it did. The aim is to find out whether there has been any discrimination and what type, and also to gather evidence to help prove the claim. Failure to respond properly may lead to a tribunal inferring that there has been discrimination. More information here. |
| Schedule of loss | This is a document on which a claimant sets out her loss arising out of the discrimination, such as loss of earnings and benefits. More information here. |
| Discovery or Disclosure | This is the process by which both parties exchange any relevant documents that they have. Usually, the parties make a list of the documents and then exchange them (known as inspection). The documents are contained in a Bundle. |
| Settlement agreement | This is a document to settle an employment dispute between the parties. It usually sets out all the terms of the settlement and must be signed by both parties. It is only valid if it complies with specified conditions, one of which is that the claimant has been advised by a solicitor or approved adviser. More information here. |
| COT3 | This is an agreement to settle an employment dispute which is drawn up by ACAS. More information here. |
| Dismissal | This includes three situations: where the employer dismisses the employee; where a fixed term contract expires and is not renewed on the same terms; or where an employee resigns, without delay, in response to a fundamental breach of contract by the employer (known as constructive dismissal). |
| Tribunal Rules | These are the rules of procedure which the Employment Tribunal runs by. They are publicly available. They deal with the rules around applications for things like Strike Out, Deposit Orders, Unless Orders, Amendment of Claims, Extension of Time, etc. It is important that you familiarise yourself with these rules if you are bringing a claim in the Employment Tribunal. |
Key Legislation
Here are links to some of the key legislation in pregnancy and maternity discrimination claims:
| EqA | The Equality Act 2010 |
| ERA | The Employment Rights Act 1996 |
| MPL | The Maternity and Parental Leave Regulations 1999 |
This advice applies in England and Wales. If you live in another part of the UK, the law may differ. Although there are a single set of rules which govern the whole of Great Britain covering Tribunal practice and procedure, there are differences in the way that Scottish tribunals exercise their discretion regarding procedure. For guides, information and resources about employment tribunals in Scotland, see The Scottish Courts and Tribunals Service. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.
Our helpline and online contact form is now closed as we wind down our operations. Our free legal advice pages remain available and up to date until further notice. You can find a list of trusted organisations that may be able to help you below.
| Organisation and link to website | Area of Advice | Telephone |
|---|---|---|
| Employment Rights | ||
| ACAS | Acas gives employees and employers free, impartial advice on workplace rights, rules and best practice. We also offer training and help to resolve disputes. | 0300 123 1100 |
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Pregnant Then Screwed | HR Advice Line – for questions on employment rights, flexible working, parental leave or workplace discrimination | 0300 222 5799 |
| Equality Advisory and Support Service (EASS) | The helpline advises and assists individuals on issues relating to equality and human rights, across England, Scotland and Wales. | 0808 800 0082 |
| Trade Union | If you are a union member, contact your union for support. If not, you may wish to join, but check whether support is available for existing issues. | |
| Health and Safety Executive (HSE) | Guidance on workplace health and safety rights and accepts reports of serious workplace health and safety concerns. | |
| Advicenow | Provides free legal information, guides, self-help tools and training to help people deal with legal issues and understand their rights. | |
| Protect | Provides advice and support to people raising concerns about whistleblowing | 020 3117 2520 |
| Zero Hours Justice | Offers information and support on the rights of workers on zero-hours and insecure contracts | 01904 900 151 |
| Legal Advice and Representation | ||
| Law Centres Network | Law Centres work within their communities to defend the legal rights of local people. You can use their website to find your local Law Centre. | |
| LawWorks | The LawWorks Clinics Network provides free initial advice to individuals on various areas of law including employment law, social welfare law, housing matters, consumer disputes, debt and welfare rights. | |
| Advocate | Advocate is a charity that finds free legal assistance from volunteer barristers | |
| South West London Law Centres | Provides free, independent legal advice to people who cannot afford a lawyer, including advice on employment, housing, debt, immigration issues. | 020 8767 2777 |
| Employment Tribunal Litigants in Person Support Scheme (ELIPS) | ELIPS provides pro bono assistance to unrepresented litigants. It currently covers London Central, Cardiff, Bristol, Midlands (West), Newcastle, Leeds and Manchester Employment Tribunals. | |
| Legal Aid Check your eligibility for Legal Aid online | Legal Aid funding is only available for employment cases involving discrimination. | |
| YESS Law | Employment law advice and support, including settlement agreements. Yess Law do not represent clients in Employment Tribunal Proceedings | 020 3701 7530 |
| The Free Representation Unit (FRU) | The Free Representation Unit (FRU) is a charity that provides legal advice, case preparation and advocacy in employment & social security tribunal cases if you have a hearing date at a tribunal in London and the South East and your case is referred by a referral agency | |
| Employment Tribunal Customer Contact Centre | Provides information about the Employment Tribunal process but does not offer legal advice. | 0300 123 1024 |
| Appoint a solicitor The Law Society provides information on finding a solicitor. | If you are able to afford to do this, you can instruct a solicitor who is an expert in maternity and family friendly rights. A good solicitor will give you honest advice about the strengths and weaknesses of your case, the likely costs and s/he should try to resolve your case as soon as possible and so keep the costs you have to pay to a minimum. | |
| Disability Law Service | Provide free legal advice on community care, employment, housing, discrimination, public law and welfare benefits to disabled people and their carers | 0207 791 9800 |
| Child Law Advice | Provided by Coram Children’s Legal Centre, advice for Litigants in person | |
| Rights of Women | Women’s voluntary organisation committed to informing, educating and empowering women concerning their legal rights | 020 7251 6577 |
| Benefits and Financial Support | ||
| Citizens Advice (England & Wales) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0808 223 1133 |
| Citizens Advice (Scotland) | Citizens Advice is a charity which provides free, confidential, and independent advice on employment, legal, financial, housing, and consumer problems | 0800 028 1456 |
| Advice Local | Your local guide to help with employment and work issues, benefits, money, housing problems and more | |
| Age UK | Provide free, confidential advice, practical support, and companionship | 0800 678 1602 |
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Scope | Offers information, advice and support for disabled people and their families, including guidance on benefits, work and independent living. | 0808 800 3333 |
| NRPF Network | Provides guidance and resources on no recourse to public funds (NRPF) and support options for people affected by immigration-related benefit restrictions. | 0800 169 0283 |
| Maternity Allowance helpline (DWP) | Maternity Allowance is a government benefit for pregnant women or new mothers who do not qualify for Statutory Maternity Pay (SMP) from their employer. | |
| HMRC Statutory Payment Dispute Team | Resolves disputes about entitlement to statutory payments, including maternity, paternity, adoption, shared parental, parental bereavement and neonatal care pay. | |
| Pregnancy, Maternity and Baby Support | ||
| Maternity Action | Maternity and Parental Rights at Work and Benefits for Families & NHS charges for maternity care | 0808 801 0488 |
| Tommy’s | Provide advice and support to parents-to-be, expectant parents, and families who have experienced baby loss | 0800 0147 800 |
| Bliss | Support and information for families of premature and sick babies, including emotional support, neonatal care guidance | |
| Twins Trust | Offers support, information and peer support for families with twins, triplets and multiple births | 0800 138 0509 |
| Sands | Sands works to support anyone affected by the death of a baby | 0808 164 3332 |
| Best Start in Life | Advice and support for your child’s development | |
| Mental Health and Wellbeing | ||
| Mind | Mind empower individuals experiencing mental health problems through advice and support | 0300 102 1234 |
| Maternal Mental Health Alliance | Charity and network of 160 organisations, dedicated to ensuring women and birthing people affected by perinatal mental health problems have access to high-quality, compassionate care | |
| Pandas | Pandas offer hope, empathy and support for every parent, carer or network affected by Perinatal Mental Illness | |
| Samaritans | Provide emotional support to anyone in distress, struggling to cope, or at risk of suicide | 116 123 |
| Domestic Abuse | ||
| Women’s Aid | Offers support, information and signposting for women and children experiencing domestic abuse | |
| Support for single parent families | ||
| Gingerbread | Offers advice and information support for single parents on work, benefits, finances and family issues. | |
| One Parent Families Scotland | Provides advice and support to single parents in Scotland including benefits, money and health and wellbeing. | 0808 801 0323 |
| Disability | ||
| Contact | For families with disabled children | 0808 808 3555 |
| Carer’s support | ||
| Carer’s UK | Provide advice on benefits, rights, and emotional and peer support. | 0808 808 7777 |
| Childcare | ||
| Childcare Service Helpline | Contact HMRC if you need help applying for Tax-Free Childcare, applying for free childcare if you’re working or using your online childcare account. | 0300 123 4097 |
| Best Start | Provide information on all available childcare support | |
| Coram – Family Information Service | Provide a tool to search for contact details for your local Family Information Service who can provide advice and support on childcare in your area |
The information on the law contained on this site is provided free of charge and does not, and is not intended to, amount to legal advice to any person on a specific case or matter. If you are not a solicitor, you are advised to obtain specific legal advice about your case or matter and not to rely solely on this information. Law and guidance is changing regularly in this area.
We cannot provide advice on employment rights in Northern Ireland as the law is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.