In the first of a series of articles on legal english terms aimed at helping you build your vocabulary we look at key english terms for lawyers working in the area of Employment law. Whilst the emphasis is on employment law, many of the terms will apply to lawyers dealing with litigation in general. We have highlighted some key terms in bold, which we review again at the end of the article.
In this article we will look at some of the legal english vocabulary that employment lawyers working in the jurisdiction of England and Wales commonly use when conducting litigation on behalf of a client.
The Names of the Parties
The first and most important point to mention, is the names of the parties to the claim. The person who brings the claim (usually the employee) is known as the Claimant and the person who defends the claim (usually the employer) is known as the Respondent. If either party makes an application (e.g for a particular order from the tribunal) then they may also be called ‘The Applicant‘. If the final decision is appealed, the person making the appeal is called ‘the Appellant’.
To Start Proceedings…
The Claimant initiates proceedings in the Employment Tribunal by issuing a claim form (commonly known as an ET1). The Respondent has a period of 28 days in which to enter a response to the Claim. If the Respondent does not file a response within 28 days then the Employment Tribunal may enter default judgment against the Respondent. This is where the Respondent is told that they are not allowed to take any further part in the proceedings. If the Respondent wishes to challenge the default judgment they may make an application under the Employment Tribunal Rules of Procedure in order to set it aside.
Case Management Discussions and Directions
The employment tribunal judge will then very often call a Case Management Discussion (CMD) which may either take place in person or by telephone. The Employment Judge will usually ask the parties to define the issues in the case and will then give directions as to how the case will proceed to a final hearing. Sometimes there may be a preliminary issue for the tribunal to decide on, such as time limits, jurisdiction or other matter. In this case the employment judge will call a Pre-Hearing Review in which they will hear evidence on this one issue and then give judgment.
Other directions may include:
Appointment of a medical expert – for example the Claimant may wish to prove that they suffer from a disability.
Disclosure (when both parties send each other all relevant documents to the claim)
Mutual exchange of Witness Statements (when both parties send each other the statements of their witnesses at the same time.
Agreeing a joint bundle when both parties agree the documents to be put before the tribunal.
Skeleton Arguments – the principal arguments in the case which the parties lawyers are often asked to produce to the tribunal.
The date on which the Final Hearing of the tribunal is to be listed.
The Final Hearing
At the final hearing the tribunal will decide whether to uphold the Claimants complaint or not. If they uphold the complaint then the matter of Remedy will be decided on. The tribunal will then issue their judgment. This may either be delivered orally or it may be a reserved judgment given on a later date.
Common Legal English Collocations
Some key collocations used by employment (and other lawyers) is set out below. Check your understanding of the use of these terms in the context of the article.
to conduct litigation
to issue proceedings/submit a claim/file a claim
to enter a response/to file a response
to enter default judgment
to list a hearing
to give directions
to set aside judgment
Key Legal English Vocabulary
Some of the key legal english vocabulary for an english employment lawyer from the article is listed below. Again read the article again and check your understanding of the vocabulary.
Claimant
Respondent
Applicant
Appellant
Case Management Discussion Directions
Disclosure
Pre-hearing Review
Skeleton Argument
Trial Bundle
For a more in depth look at the employment tribunal procedure please see the ACAS video below which explains the process and common issues for the tribunal to decide on. ACAS is the body responsible for helping parties to resolve their differences through concilliation.