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Legal Terms - error juris nocet
[Latin: A legal error causes harm] To differentiate *mistakes of law from mistakes of reality, a legal maxim is occasionally applied.
[Latin: A legal error causes harm] To differentiate *mistakes of law from mistakes of reality, a legal maxim is occasionally applied.
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Legal Terms - equality of arms
The European Court of Human Rights developed this idea in relation to the right to a *fair trial (Article 6). A fair distribution of the possibilities available to the parties in a lawsuit is necessary for equality of arms; for instance, each side must be able to call witnesses and cross-examine those called by the opposing party. Financial assistance may be necessary in certain situations to enable someone with inadequate resources to pay for legal counsel (Airey v. Ireland (App number 6289/73) [1981] (ECHR 1)).
The European Court of Human Rights developed this idea in relation to the right to a *fair trial (Article 6). A fair distribution of the possibilities available to the parties in a lawsuit is necessary for equality of arms; for instance, each side must be able to call witnesses and cross-examine those called by the opposing party. Financial assistance may be necessary in certain situations to enable someone with inadequate resources to pay for legal counsel (Airey v. Ireland (App number 6289/73) [1981] (ECHR 1)).
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Legal Terms - equal pay
According to the *Equality Act of 2010, men and women working in the same job shall get the same compensation for similar or equally valuable work. Employees are considered to be in the same employment if they work for the same employer or a related one and are employed by the same establishment (or if one works at an establishment that incorporates the other's). Additionally, the enterprises must be ones where employees of the relevant type or those in general adhere to the terms and conditions of employment. According to the Equal Pay Act of 1970 (as amended), "like work" is defined as work that is substantially similar, meaning that any distinctions between a man's and a woman's work are not practically significant (see also Capper Pass Ltd v Lawton [1976] IRLR 366 (EAT)). According to Eaton Ltd. v. Nuttall [1977] IRLR 71 (EAT), work is evaluated as equivalent when the employer has conducted a study to assess his employees' occupations in terms of the ability, effort, and responsibility needed of them, and the woman's job is awarded the same grade as the man's. An employment tribunal appoints an impartial expert to assess the two positions to determine if they are equally valuable if the employer does not have a job-evaluation plan.
Even though the nature of the work they do differs, women are entitled to equal pay when the employer's job-grading system or the expert's report acknowledges that their jobs are just as demanding as men's. It is possible to contest an employer's job-evaluation system on the grounds that it discriminates (Case C-237/85 Rummler v. Dato-Druck Gmbh [1986] ECR 2101). Also see gender wage gap and equality clause. The Enterprise and Regulatory Reform Act of 2013 permits the creation of regulations requiring an employment tribunal to mandate equal pay audits for employers who have been found to have violated the legislation. According to regulations, if an employer violates an equal pay audit order, an employment tribunal may compel them to pay a fine of up to £5,000. Publication of audit results is not mandatory for firms. A Statutory Code of Practice on Equal Pay, produced by the Equality and Human Rights Commission, may be used as evidence in any trial.
According to the *Equality Act of 2010, men and women working in the same job shall get the same compensation for similar or equally valuable work. Employees are considered to be in the same employment if they work for the same employer or a related one and are employed by the same establishment (or if one works at an establishment that incorporates the other's). Additionally, the enterprises must be ones where employees of the relevant type or those in general adhere to the terms and conditions of employment. According to the Equal Pay Act of 1970 (as amended), "like work" is defined as work that is substantially similar, meaning that any distinctions between a man's and a woman's work are not practically significant (see also Capper Pass Ltd v Lawton [1976] IRLR 366 (EAT)). According to Eaton Ltd. v. Nuttall [1977] IRLR 71 (EAT), work is evaluated as equivalent when the employer has conducted a study to assess his employees' occupations in terms of the ability, effort, and responsibility needed of them, and the woman's job is awarded the same grade as the man's. An employment tribunal appoints an impartial expert to assess the two positions to determine if they are equally valuable if the employer does not have a job-evaluation plan.
Even though the nature of the work they do differs, women are entitled to equal pay when the employer's job-grading system or the expert's report acknowledges that their jobs are just as demanding as men's. It is possible to contest an employer's job-evaluation system on the grounds that it discriminates (Case C-237/85 Rummler v. Dato-Druck Gmbh [1986] ECR 2101). Also see gender wage gap and equality clause. The Enterprise and Regulatory Reform Act of 2013 permits the creation of regulations requiring an employment tribunal to mandate equal pay audits for employers who have been found to have violated the legislation. According to regulations, if an employer violates an equal pay audit order, an employment tribunal may compel them to pay a fine of up to £5,000. Publication of audit results is not mandatory for firms. A Statutory Code of Practice on Equal Pay, produced by the Equality and Human Rights Commission, may be used as evidence in any trial.
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Legal Terms - equal treatment
The European Union's treaties stipulate that citizens of one EU state who relocate to another must be treated according to the same standards as those of the state they are working in. There must be *free movement of labor among EU member states and no discrimination with regard to wages, social security, or tax breaks. Also see equal pay.
The European Union's treaties stipulate that citizens of one EU state who relocate to another must be treated according to the same standards as those of the state they are working in. There must be *free movement of labor among EU member states and no discrimination with regard to wages, social security, or tax breaks. Also see equal pay.
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Legal Terms - The Equal Opportunities Commission (EOC)
It is a body created by the Sex Discrimination Acts of 1975 and 1986 with the goals of promoting equality of opportunity for men and women, eradicating discrimination based on marital status or sex, and monitoring the implementation of the Acts and the Equal Pay Act of 1970. The EOC's operations have been incorporated into the *Equality and Human Rights Act since October 2007.
It is a body created by the Sex Discrimination Acts of 1975 and 1986 with the goals of promoting equality of opportunity for men and women, eradicating discrimination based on marital status or sex, and monitoring the implementation of the Acts and the Equal Pay Act of 1970. The EOC's operations have been incorporated into the *Equality and Human Rights Act since October 2007.
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Legal Terms - equality clause
A provision in a *contract of employment that states that the terms of a woman's contract, including but not limited to compensation, must put her in no less advantageous position than a man if she is employed on similar work to that of a man in the same employment or on work rated as equivalent or of equal value to his. According to the Equality Act of 2010, a contract that does not contain such a clause (either directly or through a collective agreement) is deemed to contain one; for more information on the application and limitations of the aforementioned clauses, see Hayward v. Camell Laird Shipbuilders Limited (No 2) [1988] IRLR 257 (HL) and Degnan and others v. Redcar & Cleveland Borough Council [2005] EWCA Civ 726.
A provision in a *contract of employment that states that the terms of a woman's contract, including but not limited to compensation, must put her in no less advantageous position than a man if she is employed on similar work to that of a man in the same employment or on work rated as equivalent or of equal value to his. According to the Equality Act of 2010, a contract that does not contain such a clause (either directly or through a collective agreement) is deemed to contain one; for more information on the application and limitations of the aforementioned clauses, see Hayward v. Camell Laird Shipbuilders Limited (No 2) [1988] IRLR 257 (HL) and Degnan and others v. Redcar & Cleveland Borough Council [2005] EWCA Civ 726.
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Legal Terms – Equality Duty
Public bodies (such as local councils) are required by the *Equality Act 2010 to give certain issues careful consideration when performing their duties. These include: (1) putting an end to behavior that the Act forbids; (2) promoting equality of opportunity between individuals who possess a "protected characteristic" and those who do not; and (3) cultivating positive relationships between those who possess a protected characteristic and those who do not. The equality responsibility now applies to all of the Act's protected characteristics, with the exception of marriage and civil partnerships, which are exempt from the second and third items. Previously, it only applied to race, disability, and sex. Regulations may impose particular obligations on public organizations in addition to the general responsibility. People do not have the right to sue the public body for not fulfilling their obligation. The *Equality and Human Rights Commission is in charge of enforcement. However, an individual or group may enforce the responsibility through *judicial review (R (Williams) v Surrey County Council [2012] EWHC 867 (QB)). [From Latin: aequitas est quasi aequalitas, equity is as it were equality]
Public bodies (such as local councils) are required by the *Equality Act 2010 to give certain issues careful consideration when performing their duties. These include: (1) putting an end to behavior that the Act forbids; (2) promoting equality of opportunity between individuals who possess a "protected characteristic" and those who do not; and (3) cultivating positive relationships between those who possess a protected characteristic and those who do not. The equality responsibility now applies to all of the Act's protected characteristics, with the exception of marriage and civil partnerships, which are exempt from the second and third items. Previously, it only applied to race, disability, and sex. Regulations may impose particular obligations on public organizations in addition to the general responsibility. People do not have the right to sue the public body for not fulfilling their obligation. The *Equality and Human Rights Commission is in charge of enforcement. However, an individual or group may enforce the responsibility through *judicial review (R (Williams) v Surrey County Council [2012] EWHC 867 (QB)). [From Latin: aequitas est quasi aequalitas, equity is as it were equality]
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Legal Terms - Equity is equality
A *maximum of equity that stipulates that individuals who are entitled to property must divide it equally if there are no other grounds for doing so.
A *maximum of equity that stipulates that individuals who are entitled to property must divide it equally if there are no other grounds for doing so.
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Legal Terms - equality of arms
The European Court of Human Rights developed this idea in relation to the right to a *fair trial (Article 6). A fair distribution of the possibilities available to the parties in a lawsuit is necessary for equality of arms; for instance, each side must be able to call witnesses and cross-examine those called by the opposing party. Financial assistance may be necessary in certain situations to enable someone with inadequate resources to pay for legal counsel (Airey v. Ireland (App number 6289/73) [1981] (ECHR 1)).
The European Court of Human Rights developed this idea in relation to the right to a *fair trial (Article 6). A fair distribution of the possibilities available to the parties in a lawsuit is necessary for equality of arms; for instance, each side must be able to call witnesses and cross-examine those called by the opposing party. Financial assistance may be necessary in certain situations to enable someone with inadequate resources to pay for legal counsel (Airey v. Ireland (App number 6289/73) [1981] (ECHR 1)).
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Legal Terms – Environmental Taxes
The UK government claims that three taxes are intended to incentivize companies to conduct their operations in a more ecologically responsible manner. The first is the aggregates levy, which is levied on the commercial mining of rock, gravel, and sand (Finance Act 2001 ss 16–49); the second is the climate change levy, which is levied on the supply of coal, coke, gas, and electricity, all of which are thought to contribute to global warming (Finance Act 2000 sch 6); and the third is the landfill tax, which is levied on the commercial disposal of waste (Finance Act 1996 ss 39–71).
The UK government claims that three taxes are intended to incentivize companies to conduct their operations in a more ecologically responsible manner. The first is the aggregates levy, which is levied on the commercial mining of rock, gravel, and sand (Finance Act 2001 ss 16–49); the second is the climate change levy, which is levied on the supply of coal, coke, gas, and electricity, all of which are thought to contribute to global warming (Finance Act 2000 sch 6); and the third is the landfill tax, which is levied on the commercial disposal of waste (Finance Act 1996 ss 39–71).
