Affirmative Action – a policy of actively encouraging applications from underrepresented groups to improve workplace diversity. It is legal in the UK but must stop short of positive discrimination which would mean hiring someone purely based on a protected characteristic.

Example: A company struggling with gender diversity in tech roles runs targeted outreach programs to encourage more women to apply but still hires based on merit.

Alternative Dispute Resolution (ADR) – methods for resolving workplace disputes outside of an Employment Tribunal such as mediation or arbitration.

Example: A grievance about workplace bullying is resolved through mediation rather than escalating to a formal complaint or legal action.

Ban on Exclusivity Clauses – Zero hours contract workers cannot be prevented from working for multiple employers.

Example: A restaurant worker on a zero hours contract takes an extra job at a rival restaurant. Their current employer cannot legally stop them.

Blacklisting – the illegal practice of preventing certain workers from gaining employment due to their trade union activity.

Example: A construction worker was denied work after appearing on an industry blacklist for raising health and safety concerns.

Bribery Act 2010 – a law making it illegal to offer, give, or receive bribes in a business context.

Example: A recruiter offering a gift to a client in exchange for hiring their candidate could be a breach of the Bribery Act.

Capability dismissal – ending someone’s employment because they lack the skills or ability to perform their job. Must be done fairly, following a proper performance management process (such as performance improvement plans etc).

Example: An employee who consistently fails to meet sales targets despite extra training is dismissed for capability.

Constructive dismissal – when an employee resigns due to their employer’s serious breach of contract, such as bullying or non payment of salary.

Example: A senior manager publicly humiliates an employee in meetings for months. The employee resigns and claims constructive dismissal.

Continuous Employment – the length of time an employee has been working for their employer which affects their legal rights (e.g., unfair dismissal protection after two years).

Example: An employee on a fixed-term contract for 18 months, renewed once for another 6 months, has two years’ continuous employment and is now protected from unfair dismissal.

Data Protection (UK GDPR and Data Protection Act 2018) – laws controlling how employers collect, store, and use personal data about employees.

Example: An HR team must ensure that employee disciplinary records are securely stored and only shared with authorised personnel.

Discrimination

Direct – treating someone less favourably because of a protected characteristic (e.g., sex, race, disability).

Example: Rejecting a job applicant because they are pregnant would be direct discrimination.

Indirect – a workplace rule that applies to everyone but disproportionately disadvantages a protected group.

Example: A company requires all managers to work full-time in the office, indirectly discriminating against women who are more likely to have childcare responsibilities.

Employment Tribunal – a legal forum where employees can bring claims against employers, such as for unfair dismissal or discrimination.

Example: An employee who was dismissed without proper process takes their case to an Employment Tribunal, seeking compensation.

Equality Act 2010 – a law protecting individuals from discrimination in the workplace based on nine protected characteristics:

• Age – protects individuals from unfair treatment due to their age or perceived age, including direct and indirect discrimination. Example: A job advert stating “all candidates must be under 30” would be unlawful age discrimination.
• Disability – covers physical and mental impairments that have a substantial, long term adverse effect on a person’s ability to carry out normal day-to-day activities. Example: An employer refusing to make reasonable adjustments (e.g., providing screen-reader software for a blind employee) could be disability discrimination.
• Gender reassignment – protects individuals who are undergoing, have undergone, or are proposing to undergo gender reassignment. There is no requirement for medical intervention. Example: If a transgender employee is denied a promotion because they transitioned, it would be discrimination.
• Marriage and Civil Partnership – protects employees from being treated unfairly because they are married or in a civil partnership. This characteristic applies to direct discrimination only. Example: A company gives better benefits to unmarried employees than married ones. This could be discrimination.
• Pregnancy and Maternity – protects individuals from being treated unfairly due to pregnancy, maternity leave, or related health conditions. Example: If a woman is dismissed after announcing her pregnancy, this is likely unlawful discrimination (see Webb v. EMO Air Cargo (UK) Ltd [1994] or more recent Twitchen v. Genu Prima Ltd [2023])
• Race – covers colour, nationality, and ethnic or national origins. Example: Rejecting a job applicant because of their foreign sounding name would be race discrimination.
• Religion or Belief – protects individuals against discrimination due to their religious beliefs or lack of religion. Example: An employer refusing to allow a Muslim employee time off for Friday prayers without a valid business reason could be discrimination.
• Sex – protects individuals from unfair treatment based on being male or female. Example: Paying men more than women for the same role without justification is unlawful sex discrimination.
• Sexual Orientation – protects individuals from discrimination due to their sexual orientation (whether they are lesbian, gay, bisexual, or heterosexual). Example: An employer refusing to hire someone because they are in a same sex relationship would be unlawful discrimination.

Notes on Developments in 2025:

As of early 2025, no additional protected characteristics have been formally added to the Equality Act 2010. There have been discussions around socio-economic status and menopause as potential additions, but they are not yet legally protected characteristics. However, some employers are voluntarily addressing these issues in workplace policies.

Express and Implied Terms (Contracts of Employment) – express terms are clearly stated in the employment contract (e.g., salary, working hours). Implied terms are unwritten but understood (e.g., duty of mutual trust and confidence).

Example: A contract doesn’t say an employee must turn up sober but it’s an implied term that they must be fit for work.

Fair dismissal – a dismissal that is legally justified under one of five fair reasons: misconduct, capability, redundancy, illegality, or SOSR.

Example: A warehouse worker repeatedly ignoring safety rules is fairly dismissed for misconduct.

Flexible working – the right to request a change in work patterns (e.g., remote work, reduced hours). As of February 2025, employees have the right to request flexible working arrangements from the first day of their employment. This change was implemented through the Employment Relations (Flexible Working) Act 2023, which came into effect on 6 April 2024. Employers must consider requests reasonably.

Grounds for refusal – while employers can refuse a flexible working request, they must provide a legitimate business reason for the refusal. Acceptable reasons include:

• The burden of additional costs
• Detrimental effect on the ability to meet customer demand
• Inability to reorganise work among existing staff
• Inability to recruit additional staff
• Detrimental impact on quality or performance
• Insufficiency of work during the periods the employee proposes to work
• Planned structural changes

Example: A new parent requests to work four days a week instead of five. The employer must consider whether it is feasible for the business.

Freedom of expression – in the context of UK employment law, freedom of expression refers to an employee’s right to hold and express personal beliefs and opinions without unjustified interference or adverse consequences from their employer.

However, this freedom is not absolute and may be subject to certain restrictions, especially within the workplace. While employees are entitled to express their views, employers have a duty to maintain a respectful and non-discriminatory work environment. Therefore, expressions that constitute harassment, discrimination, or undermine workplace harmony may be lawfully restricted. The Equality Act 2010 prohibits discrimination based on protected characteristics, including religion or belief, and requires employers to balance the right to free expression with the rights of others to not experience a hostile or offensive environment.

Example: An employee posts offensive comments about a colleague on social media. Their employer takes disciplinary action, balancing freedom of expression with workplace policies.

Garden leave – a period where an employee leaving the company is paid but not required to work. Often used to prevent them from accessing sensitive information or joining a competitor.

Example: A senior executive resigns to join a competitor. Their employer places them on three months garden leave to protect business interests.

Grievance – a formal complaint raised by an employee about workplace issues such as discrimination, bullying, or unfair treatment.

Example: An employee submits a grievance after being repeatedly excluded from key meetings due to their part-time status.

Work in progress

Illegality dismissal – dismissing an employee because continuing their employment would break the law (e.g., lack of a right-to-work visa).

Example: A company discovers an employee’s visa has expired and has no legal right to work. They dismiss them immediately to avoid breaching immigration laws.

Work in progress

Work in progress

Work in progress

Work in progress

Work in progress

Occupational Health (OH) report – medical assessment to determine if an employee can perform their job duties, often used in long-term sickness absence cases.

Example: An employee with long COVID is referred to occupational health to assess whether they need workplace adjustments.

Off-the-Record Conversations – “Without Prejudice” and “Protected Conversations” – discussions about potential dismissal or settlement agreements that cannot be used in tribunal evidence, provided they meet legal criteria.

BUT there is a difference between the two terms in law:

The without prejudice rule comes from contract law and applies where there is an existing dispute between the employer and employee. The purpose is to encourage settlement discussions without fear of them being used against either party in tribunal claims.

Example: An employee raises a grievance claiming discrimination. The employer, wanting to resolve the issue, offers a settlement agreement in a without prejudice conversation. If the employee rejects the offer, they cannot use the discussion as evidence in a tribunal claim.

Introduced in 2013, protected conversations allow employers to have off-the-record discussions about potential dismissal or exit negotiations, even when there is no existing dispute.

Example: An employer believes an employee is underperforming but doesn’t want to go through a performance management process. They invite the employee to a protected conversation and offer a settlement agreement. If the employee rejects it, they cannot later use the discussion as evidence in an unfair dismissal claim.

Protected conversation – allows employers to have off-the-record discussion about potential dismissal or exit negotiation, even when there is no existing dispute.

Example: An employer believes an employee is underperforming but doesn’t want to go through a performance management process. They invite the employee to a protected conversation and offer a settlement agreement. If the employee rejects it, they cannot later use the discussion as evidence in an unfair dismissal claim

Work in progress

Work in progress

Other Substantial Reason (SOSR) dismissal – a legally fair reason for dismissal that doesn’t fit under misconduct, redundancy, capability, or illegality.

Example: A business partner relationship breaks down so badly that continued employment is unworkable. The employer dismisses one of them under SOSR.

Settlement agreement – legally binding agreement where an employee waives their right to bring a claim in exchange for financial compensation.

Example: An underperforming employee is offered a settlement agreement rather than going through a lengthy performance management process.

Statutory Sick Pay (SSP) – the minimum legal amount employers must pay eligible employees who are off sick.

As of February 2025, the UK government has proposed changes to Statutory Sick Pay (SSP) through the Employment Rights Bill, which is currently progressing through the House of Commons. The proposed changes include removing the three day waiting period and the lower earnings limit, allowing employees to receive SSP from the first day of sickness absence. However, these changes have not yet been enacted into law. Therefore, under the current regulations, SSP is payable from the fourth consecutive day of sickness absence, and employees must meet the minimum earnings threshold to qualify.

Example: An employee who is too ill to work for two weeks is paid SSP by their employer from the 4th day of sickness.

Work in progress

Work in progress

Work in progress

Work in progress