A to Z of Employment - Entries for E
Effective date of termination – EDT
The EDT is the date on which a contract of employment comes to an end and has importance in calculating the length of continuous service and the correct time limit for making a claim of Unfair Dismissal. The EDT is either:
- if a contract is terminated with notice, then it is the date on which notice expires;
- if a contract is terminated without notice by employer or employee, then it is the date the dismissal/resignation took effect (this does not apply if the contract is terminated by the employer without giving proper Statutory Minimum Notice);
- in the instance of termination of a Fixed Term contract, the date the contract expires.
For the purposes of calculating whether an employee has sufficient continuous service to claim Unfair Dismissal, the EDT is that detailed above, or,
- where an employer has given less notice that that required in law, the EDT is the date that the contract would end, if proper notice had been given;
- where an employee resigns (i.e. on the grounds of Constructive Dismissal) without notice, then the EDT is the date that the contract would have expired if the employer had given Statutory Minimum Notice.
DEL ER Booket 13 - Unfairly Dismissed? 
E Mail & Internet Policy
Sending e mails and using the internet is now commonplace at work. However, the electronic revolution has taken some organizations by surprise. You need to think about a policy for the use of email and the internet that establishes the right balance between business and personal use. You also need to consider the monitoring of your electronic communications and the laws that apply - such as the Data Protection Act.
http://www.acas.org.uk/index.aspx?articleid=808
Employee – meaning of
An employee is a person who works under a Contract of Employment.
Employers Association
An employers association is designed to provide services to Employers to enable them to effectively regulate the employment relationship with their employees or their trade union representatives. The Trade Union and Labour Relations (Northern Ireland) Order 1992 defines an Employers Association as an organisation which either:
- is made up of employers or individual owners whose principal purposes include the regulation of relations between employers and workers or trade unions; or
- is made up of constituent or affiliated organisations, or representatives of those organisations, whose principle purposes include the regulation of relations between employers and workers or trade unions, or the regulation of relations between its constituent or affiliated organisations.
LRA Information note No 8 Federations, Associations and other Organisations of Employers
Employment Forms
Follow the link to the Employment Forms page which provides a number of useful sample forms and letters for your information.
Employment Agency/Business
The Employment (Miscellaneous Provisions) (Northern Ireland) Order 1981 and more recently the Conduct of Employment Agencies and Employment Businesses Regulations (NI) 2005 introduced rules to regulate the conduct of Employment Agencies and Businesses. In the legislation an Employment Agency is defined as a ‘business (working on its own or in conjunction with another business with or without a view to making profit) of providing services for the purposes of finding employment with employers or of supplying employer with persons for employment by them’. An Employment Business is defined as a ‘business (working on its own or in conjunction with another business with or without a view to making profit) of supplying persons in the employment of the person carrying on the business, to act for, and under the control of, other persons in any capacity’. In other words, the main purpose of an Employment Agency is to provide an employer with permanent employees (through provision of a recruitment service), whereas the main purpose of an Employment Business is to provide an employer with temporary workers. However, it is important to note that a number of organisations may operate as both an Agency and a Business.
DEL - Employment Agency and Business Regulations
Employee Representatives
Employment Particulars
See Contracts of Employment, Written Statements of Employment Particulars
Equality
http://www.acas.org.uk/index.aspx?articleid=818
http://www.equalityni.org/sections/default.asp?secid=8
Equality Commission
The Equality Commission for Northern Ireland is an independent public body, established under the Northern Ireland Act 1998, with the aim of advancing and promoting equality of opportunity, encouragement of good relations and challenging discrimination through promotion, advice and enforcement.
Equal Pay
The Equal Pay Act (Northern Ireland) 1970 established the principle that both men and women who are performing like work or work of a broadly similar nature or, work which is rated as equivalent under a job evaluation scheme, should not receive less favourable treatment in relation to their pay or other contractual terms on the basis of their gender. Any difference in treatment in relation to pay and other contract terms which cannot be justified may be viewed as discrimination on the grounds of sex. Guidance and a model policy is available from the Equality Commission.
European Court of Justice (ECJ)
THE ECJ is composed of 28 judges (one from each of the EU Member states, for example, the United Kingdom) and eight Advocate Generals. In the context of employment, the purpose of the ECJ is to ensure that member states, comply with their obligations under the Treaty of Rome and correctly implement, interpret and apply directives and regulations of the EU, for example the Working Time Directive. Often, Member States will refer complex questions arsing out of directives and regulations to the ECJ for correct interpretation.
http://curia.europa.eu/en/transitpage.htm
European Directives
A Directive is a piece of law which emanates from the European Union. Member states (for example, the United Kingdom) are obliged to implement Directives, such as, the Working Time Directive, into their domestic laws within the time limits set out in the Directives. The integration of the Directive must be carried out in a manner which ensures that any domestic legislation embodies the aim and principles of the Directive.
Ex-gratia payments
An ex-gratia payment is a payment made by an employer to an employee to compensate them in some way. For example, an employer may make an ex-gratia payment to an employee in addition to a Statutory Redundancy Payment or make an ex-gratia payment to an employee by way of settlement of a potential or actual Industrial Tribunal complaint.
See Conciliation and Severance Payments
Expected week of childbirth (EWC)
The EWC is the week, beginning with a Sunday, in which it is expected that a baby will be born and is an important date in calculating the commencement of Maternity Leave.
See Maternity Leave
Express terms
Express terms in a contract of employment are those which have been specifically agreed between an employee and an employer. They may be clearly stated in the Written Statement of Employment Particulars, or set out in a written offer of employment, or in any other employment documentation, for example, a Company Handbook.