W

wagering contract See GAMING CONTRACT.

wages council A statutory body empowered by the Wages Act 1986 to prescribe
minimum rates of pay in a particular industry. The wages orders made by wages
councils did not apply to employees under the age of 21.Each council consisted of
representatives of employers and employees in the industry concerned and
independent members. Councils were usually established for industries in which
employees' collective bargaining power was comparatively weak.
The Wages Act 1986 abolished the power to create new wages councils, and the
Trade Union Reform and Employment Rights Act 1993 repealed Part 11 of the Wages
Act 1986,thereby abolishing the remaining 26 wages councils and also the
requirement to pay statutory minimum remuneration in certain sectors of industry.
See alsoMINIMUM WAGE.

wait and see principle See RULE AGAINST PERPETUITIES.

waiver n. 1. The act of abandoning or refraining from asserting a legal right.
2. The instrument that declares the act of waiving. 3. Variation of a contract.
waiver of privilege See ABSOLUTE PRIVILEGE.
waiver of tort Giving up the right to sue for damages for a tort in favour of
some other remedy, e.g. a restitution action for money that the tortfeasor has made
from the tort.

war n. The legal state of affairs that exists when states use force to vindicate rights
or settle disputes between themselves. States can engage in hostilities (e.g. reprisals}
without being in a technical state of war, and they can be in a state of war without
much fighting taking place. At common law a state of war could not exist until
there had been a formal declaration of war or commencement of hostilities by the
Crown. The legal condition of war automatically terminates diplomatic relations and
certain types of treaties between the participants. Normal intercourse and
commerce between British subjects and those of a power with which the Crown is
at war are prohibited.
In the Kellogg-Briand Pact (also known as the Pact of Paris) of 1928,the
contracting parties renounced war as an instrument of national policy and
undertook to settle their disputes by peaceful means. The United Nations Charter
declares that all parties to it "shall refrain...from the threat or use of force against
the territorial integrity or political independence of any state" or in a manner
inconsistent with the Charter, and this is commonly accepted as an accurate
statement of customary international law. Nonetheless it appears that states still
retain a right of *self-defence, at least if they have been the victims of armed attack
and until the Security Council can act. The Security Council is also authorized to use
force (or to call upon states to do so) under certain circumstances in order to protect
the peace, although in practice this power has not been invoked (see USE OF FORCE).
The right of self-defence includes a collective right to assist other states acting in
self-defence.
The Hague Conventions and Geneva Conventions provide rules governing the
conduct of wars and stating the rights and duties of both combatants and
noncombatants during war. However, they do not deal with all aspects of warfare or
all types of war. There have also been various specific conventions governing
particular issues, including a 1972 convention on the use or possession of
bacteriological and toxic weapons, a 1976 convention on the military use of
environmental modification techniques, and a 1981 convention and three protocols
on cruel or indiscriminate non-nuclear weapons. Civil wars are not usually illegal
from the point of view of international law, but it is uncertain whether or not
other states may legally help either the insurgents or the established authorities (see
BELLIGERENT COMMUNITIES, RECOGNITION OF; INSURGENCY). The 1977First and Second
Protocols to the Geneva Conventions of 1949,respectively, extend some of the laws of
war to civil wars and wars of national liberation (see SELF-DETERMINATION).
See also AGGRESSION; HUMANITARIAN INTERVENTION; MARTENS CLAUSE; OCCUPATION;
OFFENCES AGAINST INTERNATIONAL LAW AND ORDER; WAR CRIMES.
war crimes Any violation of the laws or customs of war amounting to a criminal
act. According to the Charter of the Nuremberg International Military Tribunal of
1946,war crimes include murder, ill-treatment, or deportation of civilian
populations, murder or ill-treatment of prisoners of war, killing hostages,
plundering property, and wanton destruction of population centres or devastation
that is not justified by military necessity. The Nuremberg Tribunal also defined a
new category of crimes against humanity, consisting essentially of murder,
extermination, enslavement, deportation, and other inhumane acts committed
against any civilian population before or during World War 11 and persecution on
political, racial, or religious grounds (but only if the persecution is connected with
war crimes or crimes against peace); these acts are crimes against humanity whether
or not they violate the domestic law of the country where the crime was committed.
lt is now arguable that this definition is of general application and is wider than
that of war crimes. In consequence, the prohibition of crimes against humanity
denies the right of any state to treat its citizens as it pleases. This has had major
implications for the relationship between state *sovereigntyand *humanitarian
intervention.
The Tribunal also created a third category of crimes against peace, i.e. planning,
preparing, or waging a war of aggression or a war in violation of international
treaties. It is generally considered that these definitions now form part of
customary international law.
War crimes tribunals were established at the end of World War II with
jurisdiction to try and punish those who allegedly committed war crimes while
acting in the interests of the European Axis countries or Japan. More recently,
under *Chapter VII of the UN Charter, the UN Security Council has set up ad hoc
war crimes tribunals in relation to the conflicts in the former Yugoslavia (1993) and
Rwanda (1994). See also INTERNATIONAL CRIMINAL COURT.
The War Crimes Act 1991 gives jurisdiction to UK courts to try those charged with
war crimes committed in German-held territory during World War II, irrespective
of the accused's nationality at the time. Prosecutions may be brought with the
consent of the Attorney General for *homicide offences.
ward of court 1. A minor under the care of a *guardian (appointed by the
parents or the court), who exercises rights and duties over the child subject to the
general control and discretion of the court. 2. A minor in respect of whom a
*wardship order has been made and over whom the court exercises parental rights
and duties. A child becomes a ward of court when a wardship order is made and
remains a ward until he reaches the age of 18 or the court orders that he should
cease to be a ward. Any child who is actually in England or Wales (or ordinarily
resident in England or Wales) may be made a ward of court, even though he is
neither domiciled there nor a British subject. Marriage of a ward does not
necessarily terminate the wardship.

wardship n. The jurisdiction of the High Court to make a child a *ward of court
and assume responsibility for its welfare. The jurisdiction is almost unlimited,
although subject to consideration of the child's welfare and, to some extent, the
rights of other persons and the public interest. The court exercises detailed control
of the ward: it may appoint the Official Solicitor to act as his children's guardian
and may order either parent to make periodical payments for his maintenance.
Wardship proceedings are heard in private and the usual rules of evidence may be
relaxed (e.g.in respect of hearsay evidence). The court may enforce its orders by
injunction; breach of this or tampering with the ward may constitute contempt of
court.
Wardship proceedings are usually used (1) when there is a dispute between
estranged parents but no divorce proceedings have been started; (2) when a foster
parent or potential adopter wishes to prevent relatives interfering with the child or
when a third party wishes to remove the child from parents who are considered
unfit to have parental responsibility; (3)when a child has been "kidnapped" by a
parent; (4) to exercise control over a wayward child; and (5) to control medical
treatment, such as sterilization, even when this is contrary to the wishes of the
child. Any person who can establish a proper interest in the child may apply for
wardship (including the child himself), but the Children Act 1989 restricts the right
of local authorities to use wardship proceedings. It also repeals the court's power to
commit a ward to the care or supervision of a local authority. Since the Children Act
came into force use of wardship may be limited as the court may prefer to make a
*section 8 order instead.

war injuries It is normal in the UK on the outbreak of war to enact provisions
(e.g. the Personal Injuries (Emergency Powers) Act 1939) excluding civil liability for
injuries caused by the discharge of missiles, the use of weapons, explosives, etc.

warned list See CAUSE LIST.

warning of caveat A notice given to a person who has entered a *caveat warning him to appear and state what his interest is.

warrant ri. 1. A document authorizing some action, especially the payment of
money. A warehouse (or wharfinger's) warrant is issued when goods are taken
into a public warehouse and must be produced when they are removed. This
document is negotiable and transferable by endorsement. See alsoENFORCEMENT OF
JUDGMENT; SHARE WARRANT. 2. A written document issued by a magistrate for the
*arrest of a person or the search of his property (see POWER OF SEARCH). When a
suspect has fled abroad and there is an extradition treaty covering the offence he is
suspected of, the magistrate who has jurisdiction over the place in which the
offence was allegedly committed may issue an arrest warrant to enable the Director
of Public Prosecutions and the Home Secretary to extradite the suspect. See also
GENERAL WARRANT.

warrant backed for bail See BACKED FOR BAIL.

warranty n. 1. (in contract law) A term or promise in a contract, breach of which
will entitle the innocent party to damages but not to treat the contract as
discharged by breach. Compare CONDITION. See also INNOMINATE TERMS. 2. (in insurance
law) A promise by the insured, breach of which will entitle the insurer to treat the
contract as discharged by breach. The word therefore has the same meaning as
*condition in the general law of contract. 3. Loosely, a manufacturer's written
promise as to the extent he will repair, replace, or otherwise compensate for
defective goods; a *guarantee.

war risks Under the Marine and Aviation Insurance (War Risks) Act 1952,risks
arising from hostilities, rebellion, revolution, and civil war or from civil strife
resulting from such events.

waste n. 1. Any alteration of tenanted property that is caused by the tenant's
action or neglect. It includes damage, deterioration, and improvement (see
AMELIORATING WASTE; EQUITABLE WASTE; PERMISSNE WASTE; VOLUNTARY WASTE). Landlords can take action against tenants who cause waste (see IMPEACHABLE WASTE). The extent of a tenant's liability varies according to the kind of tenancy. Most tenants are liable for equitable and voluntary waste. *Fixed-term tenants are also liable for permissive waste, as are yearly *periodic tenants (but only to the extent that they must keep the premises wind- and water-tight). A *tenant for life under a *settlement is prima facie liable for ameliorating waste, rarely liable for
permissive waste, and usually liable for voluntary and equitable waste (unless
exempted or made "unimpeachable of waste" by the terms of the settlement).
2. See POLLUTION.
wasted costs order An order for *costs made against the legal or other
representative of a party on the ground that they were incurred by any improper,
unreasonable, or negligent act or omission of the representative or his employee.
wasting assets Property forming part of a deceased's estate and having a
reducing value (e.g.a leasehold interest in land). Unless the will directs otherwise,
the personal representatives have a duty to sell such assets.
wasting police time An offence committed by someone who causes wasteful
employment of the police by making a false report about an offence or by implying
that a person or property is in danger or that he has information relevant to a
police inquiry. The consent of the Director of Public Prosecutions is required for
prosecutions for this offence, which is punishable by a fine and/or imprisonment.

water n. See RIGHT OF WATER.

water pollution See POLLUTION.

waybill n. See SEA WAYBILL.

weapon of offence Any *offensive weapon or any article made, adapted, or
intended for incapacitating someone (e.g. a rope to tie someone with or pepper to
make him sneeze). There are special offences of aggravated *burglary and of
*trespass with a weapon of offence. See also FIREARM.

wear and tear See FAIR WEAR AND TEAR.

weekly tenancy A weekly *periodic tenancy.

welfare law Law enacted to give effect to society's responsibility for the wellbeing
of individuals. It relates to such matters as social security (see NATIONAL
INSURANCE) and income support, employment protection, health and safety at work,
and housing. Most of the services available to individuals under welfare law are
covered by the Department for Work and Pensions (formerly Social Security).

welfare of the child The wellbeing of a child must be the paramount
consideration of the court in all proceedings concerning the child's upbringing.
Under the Children Act 1989, any delay in determining the question of upbringing is
deemed likely to prejudice the welfare of the child. However, a court will only make
an order concerning a child if it considers that this is the only means of ensuring
the child's welfare. In adoption proceedings the welfare of the child is the first, but
not necessarily the paramount, consideration of the court, although this is currently
under review (see ADOPTION).

Welsh Assembly The National Assembly for Wales, a body established by the
Government of Wales Act 1998. The Assembly has 60 elected salaried members. It
does not have legislative or taxing powers, exercising instead a diverse range of
functions, such as housing, education, economic development, and flood defence. In
operation from 1999,the Assembly has taken over many of the powers and
responsibilities of the Secretary of State for Wales. See DEVOLUTION.

Welsh company A *registered company whose memorandum of association
states that its registered office is situated in Wales. Welsh companies may lodge
documents at the Companies Registry in Welsh and may adopt in their name the
Welsh equivalents for "limited" (cyfyngedig) and "public limited company" (cwrnni
cyfyngedig cyhoeddus, or c.c.c.). An English translation must be provided.
wharf n. Under the Merchant Shipping Act 1894,any premises (including quays and
docks) in or upon which goods landed from ships may be lawfully placed.
whistle-blowing n. The disclosure by an employee of information regarding his
employer's business. In certain circumstances (with respect to disclosures of
wrongdoing by the employer) employees are given legal protection from retaliation
by the employer. The Public Interest Disclosure Act 1998 protects employees from
dismissal, or subjection to any detriment, with respect to certain types of
disclosures. Contractual provisions attempting to oust the operation of the Act (e.g.
the use of 'gagging clauses' in an employment contract) are rendered void by the
Act.
Qualifying disclosures must be made in good faith and must pertain to any of the
following: (1) criminal offences; (2) the breach of a legal obligation; (3)a miscarriage
of justice; (4) a danger to the health or safety of any individual; (5) damage to the
environment; (6)deliberate covering up of information tending to show any of the
above matters. Qualifying disclosures may be made to the employer or (by means of
internal procedures) to a legal adviser, a minister of the Crown, or a prescribed
regulator. If an employee is unable to make disclosures to any of these named
persons, or fears retaliation in making such disclosures, then wider disclosure may
be made (as long as this is not for personal gain). Wider disclosure could be, for
example, to the police, the media, a Member of Parliament, or a non-prescribed
regulator. Workers and employees who are dismissed or subjected to a detriment as
a result of making a qualifying disclosure to an appropriate recipient can, within
three months of such action, make a complaint to an employment tribunal.

white paper See COMMAND PAPERS.

whole blood See CONSANGUINITY.

widow's benefit A benefit formerly payable to. widows. In .A,pri12001 it was
renamed *bereavement benefit and now applies.equally to Iil.elJ. and w:omen.

wife's services See CONSORTIUM.

wild animals See CLASSIFICATION OF ANIMALS; DANGEROUS ANIMALS; POACHING.

wilful adj. Deliberate; intended: usually used of wrongful actions in which the
conduct is intended and executed by a free agent.

wilful default The failure of a person to do what he should do, either
intentionally or through recklessness; for example, nonappearance at court.
wilful misconduct Intentionally doing something that is wrong, or wrongfully
omitting to do something, or doing something or omitting to do something that
shows reckless indifference as to what the consequences may be.

wilful neglect Deliberate or intentional failure to perform a duty.

wilful neglect to maintain See FAILURE TO MAINTAIN.

wilful refusal to consummate The unjustified decision not to consummate a
marriage, which may be grounds for annulment of the marriage. There will be no
wilful refusal if the unwillingness to consummate is temporary, due to shyness, or
due to some physical abnormality that cannot be safely corrected by surgical means.
See also CONSUMMATION OF A MARRIAGE.

will n. A document by which a person (called the testator) appoints *executors to
administer his estate after his death, and directs the manner in which it is to be
distributed to the beneficiaries he specifies. To be valid, the will must comply with
the formal requirements of the Wills Act 1837(see EXECUTION OF WILL) and the
testator must have *testamentary capacity when the will is made. A will can be
amended by the execution of a *codicil or a duly executed alteration. It can be
revoked by the testator destroying it with that intention, or making another will. It
may be revoked in part through partial destruction (with the necessary intent),
*obliteration of words (rendering them indecipherable) or through signed and
attested alterations (such as scoring out words). It is automatically revoked if the
testator marries except where at the time it was made the testator was expecting to
marry a particular person and he intended his will to survive the act of marriage.
See alsoINTERPRETATION OF WILLS; JOINT WILL; MUTUAL WILLS; NUNCUPATIVE WILL; PRIVILEGED
WILL; REVOCATION OF WILL.

winding-up (liquidation) A procedure by which a company can be dissolved. It may be instigated by members or creditors of the company (see VOLUNTARY WINDINGUP)
or by order of the court (see COMPULSORY WINDING-UP). In both cases the process
involves the appointment of a *liquidator to assume control of the company from
its directors. He collects the assets, pays debts, and distributes any surplus to
company members in accordance with their rights.

with costs A phrase appended to the order of a court that has the effect of
awarding the *costs of the proceedings to the successful party.
withdrawal of defence A procedure enabling a defendant in an action in the
High Court to serve a notice on the claimant indicating that he is not proceeding
with his defence or with part of it. The defendant is then in *default of defence and
the claimant may proceed to judgment by application.
withdrawal of issue from jury A procedure enabling a judge, who is not
satisfied that there is sufficient evidence to discharge the evidential *burden of
proof borne by a party, to discharge the jury and enter judgment for the opponent
if the issue is decisive of the litigation. If the issue is not decisive of the litigation as
a whole, he may direct the jury to find against that party in respect of that issue.
without notice application A procedure in civil litigation by which one party
may apply for an order of court to be made without the other party being aware of
it. An example may occur when one party wishes to freeze the assets of the other
party. Secrecy is essential to avoid the other party having the opportunity to dispose
of the assets. In cases of this sort it is possible for a without notice application to be
made for a *search order or a *freezing injunction.

without prejudice A phrase used to enable parties to negotiate settlement of a
claim without implying any admission of liability. Letters and other documents
headed "without prejudice" cannot be adduced as evidence in any court action
without the consent of both parties. However, they may be relevant when costs are
discussed in courts - thus the phrase "without prejudice save as to costs" is often
added on settlement correspondence. Whether or not a discussion or letter is
"without prejudice" and therefore cannot be disclosed to the court depends on
whether it was a genuine attempt to settle a dispute, not whether the words
"without prejudice" were written on a letter or said in a meeting. The reason such
discussions are kept secret from the court is that the courts are keen to encourage
settlement of disputes without recourse to the courts, and if settlement discussions
could be disclosed it may deter people from settling disputes.

without recourse to me See SANS RECOURS.

witness n. 1. A person who observes the signing of a legal document in case it is
subsequently necessary to verify the authenticity of the signature. He adds his own
signature to the document as a witness. Many legal documents are only valid if
properly witnessed (see DEED; WILL). 2. A person who gives *evidence. In court,
witnesses are required either to give evidence on *oath or to *affirm that their
evidence is true. Most people are qualified to give evidence in any case (see
COMPETENCE) but there are certain exceptions; for example, when the judge considers
the witness mentally unfit to give evidence. In civil cases a child who is too young to
understand the nature of an oath is not a competent witness, although in criminal
cases a young child may be allowed to give *unsworn evidence. There is no
minimum age below which a child cannot give evidence, but the judge has a
discretion to determine whether or not a child is too young to be a competent
witness. Most competent witnesses can be compelled to give evidence (a witness who
refuses to answer is in *contempt of court) but again there are exceptions. For
example, a witness cannot be compelled to answer a question that may *incriminate
him. A witness's evidence is usually given orally in open court. However in certain
circumstances evidence is allowed by *affidavit (see COMMISSION) or by video link (see
VIDEO EVIDENCE). The evidence of certain witnesses is considered to be unreliable and
requires *corroboration. The Criminal Procedure and Investigations Act 1996 set out
new procedures for the issue of *witness summonses in summary cases and new
rules on formalities in witness statements (effective from 1 April 1997). See also
ADVERSE WITNESS; HOSTILE WITNESS; ZEALOUS WITNESS; INTERFERING WITH WITNESSES;
PERJURY; QUEEN'S EVIDENCE.

witnessing part See DEED.

witness's oath See OATH.

witness summons An order to a person to appear in court on a certain day to
give evidence. Before the introduction of the Civil Procedure Rules in 1999, this order
was known as a subpoena. The party calling the witness must pay his reasonable
expenses. A witness who fails to comply with the order is in *contempt of court.
The order is made under penalty of fine or imprisonment for default. There are two
kinds of witness summons: a summons requiring a person to give evidence
(formerly called a subpoena ad testificandum); and a summons requiring him to
produce particular documents that are required as evidence (formerly called a
subpoena duces tecum).

women employees See EQUALITY CLAUSE; EQUAL PAY; MATERNITY RIGHTS; SAFETY AT WORK; SEX DISCRIMINATION.

words of art Words whose legal interpretation has been fixed so that the legal
effect of their use is known.

words of limitation Words in a conveyance of land that define the interest
transferred; for example, "in fee simple".

words of procreation The words in a settlement of land that created an
*entailed interest. Unless the land was expressly settled on the beneficiary "and the
heirs of his body" or "in tail", an entailed interest would not result.

words of purchase The words in a conveyance of land that identify the person
to whom the property is transferred.

words of severance See SEVERANCE.

work done and materials supplied, contract for A contract the substance of
which is that skill and labour must be exercised in carrying out the contract, in
addition to supplying the materials used in the work. Examples are contracts by an
artist to paint a portrait and by a builder to fit double glazing. Such a contract is
distinct from a contract of sale of goods, in which the substance of the contract is a
product to be sold.

worker n. An *employee.

work-in n. Industrial action in which employees occupy their workplace against
the will of their employer and continue working. Generally such action constitutes
*trespass, and the employer can apply to the court for an order that the employees
restore possession of the premises to him.

working day 1. For banking and financial purposes, any day other than Saturday,
Sunday, and *bank holidays. See alsoSUNDAY TRADING. 2. (of a court) Any day other
than Sunday or holidays, called a dies juridicus. A day on which no legal business
can be carried on is called a dies non.

working families tax credit An income-related benefit payable under the Tax
Credits Act 1999 to persons responsible for children, whose income and savings are
below a prescribed amount, but who are in remunerative work Administered by the
Inland Revenue rather than the Benefits Agency, it replaced family credit from 5
October 1999.

working hours The EUWorking Time Directive (93/104) of 1993 required all
member states to limit the working week of employees to 48 hours (except when
employees have agreed otherwise). The provisions of this Directive were enacted by
the British government in the Working Time Regulations 1998.Key elements of the
Regulations require a maximum working week of 48 hours, daily rest breaks, weekly
rest periods, and annual paid leave of four weeks in each holiday year. The
Regulations also contain protections with respect to night working. They are
enforced by the Health and Safety Executive.

World Bank See INTERNATIONAL BANK FOR RECONSTRUCTION AND DEVELOPMENT.
World Trade Organization (WTO) An international trade organization formed
under the *General Agreement on Tariffs and Trade (GATT) to replace GATTand
implement measures agreed at the Uruguay Round (1994) by 2002. It began operating
on 1 January 1995. The WTO's aims are to continue the work of GATTin agreeing
international trading rules and furthering the liberalization of international trade.
The WTO extends its jurisdiction into such aspects of trading as intellectual
property rights (see TRIPS). WTO rules are very important in international trade
contracts. The highest authority of the WTO is the Ministerial Conference, held at
least every two years. By 30 November 2000 the WTO had 140 member states and a
further 29 governments had applied to join.

wounding n. Breaking the continuity of the skin or of a membrane (such as that
lining the cheeks or lips). Scratching, bruising, burning, or breaking a bone without
tearing the skin do not constitute wounding. Malicious wounding is an offence
punishable by up to five years' imprisonment. It requires an intention to cause some
physical harm (not necessarily a wound) or foresight of the risk of causing physical
harm. A person is not guilty of this offence if he intended only to frighten his
victim but in fact accidentally wounded him, although he would be guilty of
*assault or *battery.

wounding with intent The aggravated *assault of a person with the intention
of causing *grievous bodily harm (even if grievous harm does not in fact result) or
*wounding with the intention of resisting a lawful arrest. Wounding with intent
carries a maximum sentence of life imprisonment; a second conviction for
wounding with intent to do grievous bodily harm carries a mandatory life sentence
(see REPEAT OFFENDER). See also ULTERIOR INTENT.

wreck n. 1. (shipwreck) The destruction of a ship at sea, as by foundering in a
storm or being driven onto rocks. 2. The remains of a wrecked ship. 3. Goods cast
up by the sea from a wrecked ship.

writ n. An order issued by a court in the sovereign's name that directs some act or
forebearance. Originally, a writ was an instrument under seal bearing some
command of the sovereign.

writ of delivery A *writ of execution to enforce a judgment for delivery of
goods. It directs the *sheriff to seize the goods and deliver them to the claimant or
to recover their assessed value. If the writ does not offer the defendant the option
of retaining the goods by paying their assessed value, it is known as a writ of
specific delivery.

writ of execution A writ used in the *enforcement of a judgment. It may be a writ of *fieri facias, a *writ of possession, a *writ of delivery, a writ of *sequestration, or any further writ in aid of any of these writs.

writ of possession A writ directing the *sheriff to enter upon land to give vacant possession to the claimant. It is used to enforce judgments for the possession of land.

writ of summons Formerly, a writ by which an action was commenced in the High Court. Civil proceedings in the High Court are now initiated through a *claim form.

written resolution A *resolution signed by all company members and treated as effective even though it is not passed at a properly convened company meeting.
Under the Companies Act 1985 *private companies can, in some circumstances, pass resolutions in this way; other companies may have power to do so under their *articles of association.
written statement of terms of employment A statement in writing that an employer must give to certain employees under the terms of the Employment Rights Act 1996,which aims to comply with the EU Proof of Employment Relationship Directive. Not later than two months after the beginning of employment, the employer must give to every employee who works for eight or
more hours a week a written statement (known as an SI Statement) setting out the
following information: (1) the names of employer and employee; (2) the date
employment began; (3) the date when the employee's continuous employment began;
(4) the scale or rate of remuneration or method of calculating remuneration; (5) the
intervals at which remuneration is paid; (6) the hours of work; (7) the holiday
entitlement (which must be sufficiently specific to allow the employee's holiday
entitlement to be precisely calculated); (8) the procedure to be adopted in the event
of incapacity for work as a result of sickness or injury (including sick pay
provisions, if any); (9) pensions and pension schemes; (10) the length of notice the
employee is obliged to give and entitled to receive to terminate the contract; (11) the
title of the job the employee is employed to do or, as an alternative to the job title, a
brief description of the work; (12) if the employment is not intended to be
permanent, the period for which it is expected to continue or, if it is for a fixed
term, the date it is intended to end; (13) either the place of work or, if the employee
is required to work at various places, an indication that this is the case; (14) any
collective bargaining agreements that directly affect the terms and conditions of
employment. If the employee is required to work outside the UKfor more than one
month there is a requirement for additional information to be given relating to the
length of the period of this employment, the currency in which remuneration is to
be paid in that period, details of additional remuneration or benefits connected with
working outside the UK, and the repatriation arrangements.
If any amendment is made to these terms after the statement has been (or should
have been) issued, the employer must give the employee a written statement setting
out the details of the change not later than one month after the change has been
made. Failure to comply with the requirements set out above gives the employee the
right to complain to an *employment tribunal at any time during the currency of
the employment, or within three months of the employment coming to an end. The
written statement, although providing evidence of the terms of employment, is not
itself the *contract of employment.

wrong n. An illegal or immoral act. A distinction must be drawn between moral
wrongs and legal wrongs. Some moral wrongs, such as murder or theft, are also
crimes punishable by law. But many moral offences are not legal wrongs and some
technical legal offences, such as par king offences, are not generally regarded as
morally blameworthy. Legal wrongs may be criminal or civil. *Crimes are offences
against society as a whole, not merely against the victim of the crime. Civil wrongs,
such as *torts, *breaches of contract, and interferences with property rights, are
wrongs to the individuals affected.
wrongful dismissal The termination of an employee's contract of employment
in a manner that is not in accordance with that contract. Thus when an employee is
dismissed without the notice to which he is entitled (in circumstances that do not
justify summary dismissal) or when the employer prematurely terminates the
employee's fixed-term contract, the employee is entitled to claim damages in the
courts or an employment tribunal at common law for wrongful dismissal. The
court's jurisdiction concerns only the parties' contractual rights and not their
statutory rights under the employment protection legislation (compare UNFAIR
DISMISSAL). If a breach of statutory rights arises, an employee may also bring a claim
for unfair dismissal. However, this must be done before an employment tribunal.
wrongful interference with goods Under the Torts (Interference with Goods)
Act 1977, any of various torts to goods. It includes *conversion, *trespass to goods,
negligence so far as it results in damage to goods or to an interest in goods, and any
other tort (except *detinue, which is abolished by the Act) that results in damage to
goods or an interest in goods.

wrongful trading Carrying on business knowing that the company has no
reasonable prospect of avoiding an insolvent *winding-up. Such knowledge may be
implied if a reasonably diligent person would have realized the position. Directors
responsible may be ordered to contribute to the assets of the company when the
winding-up occurs unless they can prove that, after acquiring the relevant
knowledge, they endeavoured to minimize loss to the company's creditors, e.g. by
initiating a winding-up or *administration order. See also FRAUDULENT TRADING.
WTO See WORLD TRADE ORGANIZATION.