Employment law

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The following text provides an introduction to concepts related to employment law and recruitment, including factors to be taken into account when drawing up employment contracts, when dismissing employees and when resolving disputes. 1 Read the text quickly, then match each of these headings (a-g) with the paragraph (1-7) to which it best corresponds. a b c d Termination of employment Employment tribunals Terms of employment Employment legislation e Labour law f Protecting the disabled g Recruitment

1 (US) layoff

2 (US) labor union

3 (US) labor law

s:

2 Match these key terms (1-4) with the examples (a-d). 1 discriminatory dismissal 2 redundancy dismissal 3 unfair dismissal 4 genuine occupational qualification a An employee is laid off because his employer had insufficient work for him to do. b Only female applicants are hired for jobs at an all-women hostel. c An employee is fired when she becomes pregnant. d A worker's employment is terminated because he took part in lawful union activities. 3 Answer these questions. 1 What does the phrase construed as discriminatory in paragraph 2 mean? What do you think would be involved in proving that a job advertisement could be construed as discriminatory? 2 What do you understand by the phrase reasonable adjustments in paragraph 3? What factors do you think might be taken into account when deciding if an adjustment is reasonable?

3 What do you think compensation for r..] injured feelings in paragraph 6

refers to? What kinds of work-related situations such a claim for compensation? 4 Match the words to form collocations 1 sex 2 marital 3 ethnic 4 holiday 5 unfair a b c d e origins dismissal discrimination status entitlement Do they regulate the same do you think could result in

as they appear in Reading 1.

5 What laws govern employment in your jurisdiction?

areas (sex discrimination, race relations, disability, health and safety, and employee rights in general) that the UK laws regulate?

Unit8 Employment law

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Thefollowing text, which appearedin an online gazettefor lawyers,dealswith changes

that would likely resultfrom the implementationof planned EUdirectives on employment. 6 Look at the title and read the first paragraph of the text. What do you think case bonanza means? Why will there be a case bonanza?
7 Read the first two paragraphs. What does each of the three planned directives deal with?

Employmentlawyerswillsoon experiencea Commissionlast month published plans to basisof age! religionand sexualorientation.At present, for claimsagainstemployerson the grounds of race,sex and directivewould also cover! alia,discriminationbased Furtherdirectivesare also on the groundsof of action!!providingpractical issuesand for groups Once passed!the directiveswould place a deadline on of the member statesand might allow people to bring other state employers,such as local councils. The directiveswould add to a enshrinedin UK law!such parentalleave!which were employment practitioners. that Europeanlaw-makers on any basisother than sex. David said: 'The of so much and for up by a any ElizabethAdams, said the directives more work for

Read the whole text and decide whether these statements 1 A directive concerning entitlement law in the UK.

are true or false.

to parental leave will soon be made into

2 David Cockburn thinks the discrimination industry will expand over the next few years because so many new laws have been passed. 3 Once passed, EU directives apply immediately to member states. 4 Elizabeth Adams thinks that the directives will make it easier for employees to file a complaint against an employer. 9 Match these words or phrases from the text (1-4) with their synonyms (a-d). 1 to outlaw something 2 to bring a claim against someone 3 entitlement 4 claimant a b c d a person asserting a legal right which has been'violated a right to benefits specified by law or contract to make something illegal to assert a legal right alleged to have been violated

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Lawyers are often consulted in employmentrights disputes,providingconsultationand representation for clients who want to make or defend claims to an employment tribunal. Employment tribunals are judicial bodies established in the UK to resolve disputes between employers and employees over matters involving employment rights, such as unfair dismissal, redundancy payments and discrimination. Do you have employment tribunals in your jurisdiction? Generally speaking, the handling of a claim in the UK proceeds as follows: firstly, a claimant submits a claim, usually in person, to an employment tribunal. If there are any outstanding issues concerning such things as witness testimony, necessary documents, etc., the chair of the tribunal then holds a case-management discussion to clarify them. Sometimes this is followed by a pre-hearing assessment or review [which the claimant may attend if desired], at which time the tribunal decides whether the claim has merit. Lastly, there is a final hearing where a decision is made as to whether the claim succeeds or fails, and if it succeeds, the amount of damages to be awarded. The following telephone conversation is between a lawyer [Jane) and a client [Gwen], who is an employer defending a claim filed with the employment tribunal. They discuss the preparations for a pre-hearing assessment. They mention a document called an entry of appearance. This is a written notice of appearance providing the respondent's full name and contact details, as well as a statement of opposition to the claim, including the grounds upon which it is opposed. 10 ..::: Listen and tick the actions that Gwen will take following the phone conversation. 1 2 3 4 5 6 attend a managers' meeting contact the employment tribunal personally inform the management about the status of the case send an email with the requested document discuss the case with the dismissed employee write an exact account of the circumstances leading to the dismissal

D D D D D D

Unit 8 Employment

law

11 Choose the correct answer to each of these questions. 1 What does Jane want Gwen to do with the draft entry of appearance? a submit it to the employment tribunal for the pre-hearing assessment b review it, make any necessary changes and send it back to her c decide on the basis of it whether they want to proceed with the case 2 According to Jane, when would a lawyer make an application for a prehearing assessment? a when the defendant believes the claimant's case is weak b when the defendant wants to present all of the evidence at the full hearing c when the defendant wishes to inform the court who will be representing him/her 3 Why does Jane think it will be better for her client if the case does not go to final hearing? a because it would save the parties involved time, effort and money b because she thinks her client could lose the case c because she thinks the good faith between employer and employee would be lost 4 What does the client state is her firm's top priority in the case? a finding out exactly what the dismissed employee did with the confidential information b resolving the dispute successfully and getting back to work c avoiding the expense of having the case go to a full hearing

Writing 1: Attachme

and

12 This email was sent by Gwen to Jane as promised in the telephone conversation. What documents are attached to the email? Underline the sentences she uses to refer to them.

for dismissal_Myers.

doc

Further to our phone conversation this morning, I attach the revised entry of appearance form which you requested. In addition, please find attached a document providing a complete factual account of the circumstances of the theft. Kindly let me know if anything needs to be changed or if you require further information. I'd appreciate it if you could let me know as soon as possible whether the case can be handled solely on the basis of a written submission as you mentioned. Many thanks for your assistance Sincerely Gwen Hill in this matter.

1.3 Although Jane and Gwen have a friendly working relationship and are on a firstname basis with each other, the style of Gwen's email to Jane is polite and formal. Which words or phrases contribute to the politeness and formality of the email? 1.4 Match these formal expressions (1-10) more informal counterparts (a-j). 1 2 3 4 5 6 from the email on page 110 with their a Here's the b with all the facts c if you need more information d Tell me e As mentioned on the phone this morning f Thanks a lot g h i j Please tell me asap you asked for for helping me out with this Best wishes

Kindly let me know Further to our phone conversation this morning for your assistance in this matter which you requested Sincerely providing a complete factual account of the circumstances 7 I attach

8 Many thanks 9 if you require further information 10 I'd appreciate it if you could let me know as soon as possible

1.5 Jane has submitted the entry of appearance and the application for the pre~~~~1I1hearing assessment to the employment tribunal. She has also made a written p.;;;1 submission of the case to the tribunal, and requested that the case be disposed of solely on the basis of this written submission. Write an email from Jane to Gwen, informing her of the steps she has taken and providing her with copies of the documents submitted to the tribunal. Write the email in a formal, polite style. You should include: 0 a statement of the reason for writing;

information

about the actions

she has taken

in the case since their

last

0 0 0

contact; reference to the documents attached; reference to what Jane believes will be the outcome of the case; a closing line offering assistance if needed.

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In the UK,the law provides for sex-discrimination cases to be brought before an employment tribunal, which has the power to award compensation to the claimant. If the tribunal decides that the law has been broken, it can award compensation for financial loss, as well as for injury to feelings or health which has been suffered as a result of the discriminatory treatment. Furthermore, a tribunal may also award aggravated damages if the injury to feelings has been made worse by the manner in which the discrimination has been carried out. In certain circumstances, the tribunal may even order exemplary damages in order to punish the respondent. The article on page 112 provides information about the outcome of a case heard by an employment tribunal. 1.6 Quickly scan the article and decide which is the most appropriate headline. 1

LAWYERS FINED BY TRIBUNAL FOR DISCRIMINATORYBEHAVIOUR 2

HIGH AWARD OF DAMAGES

TRIBUNALHEARS CONTROVERSIAL DISMISSALCASE

IN
Unit 8 Employment law

DISCRIMINATION

CASE

17 Read through the article more carefully and answer the questions below.

1 Who do you think the text was written for? 2 What was the case about? Who were the claimants, and who were the defendants? 3 What is a 'landmark case'? 4 According to the claimants, what prevented them from becoming senior partners at their firm? S Why were extra damages imposed on the defendants? 6 What does the text say about the effect that the award of extra aggravated damages would likely have on future proceedings of this kind? 7 Explain what you think is meant by a discriminatory culture at a law firm.

ning 2:
Lawyers often advise their clients how to avoid claims arising from work-related disputes, such as the one discussed in Reading 3, by informing them of potential risks. In the following interview, a lawyer (Ms Brewer] tells her clients (Mr and Mrs Howard], who are business owners and employers, about the liability risk associated with drug testing in the workplace. 18 ..::: Listen to the interview and decide whether these statements false. are true or

1 Mr Howard says that the drug problem at his company is affecting business. 2 Ms Brewer informs her clients that the issue of employee drug testing is an unsettled area of the law. 3 If they dismiss a worker on the basis of a drug test that reveals the worker has taken drugs, Mr and Mrs Howard risk being sued for infringing employees' rights. 4 Ms Brewer points out that under certain circumstances, the courts have decided that employers were entitled to dismiss an employee for workrelated drug use. S Ms Brewer recommends laying off the workers suspected of consuming illegal drugs in the workplace.

ing ing

opinion,

19 In the course of the interview in Exercise 18, the lawyer and her clients express opinions and agree and disagree about several points. The words and phrases they use are shown below. Match each phrase (1-11) to its function: 0 expressing an opinion A expressing agreement D expressing disagreement A+D expressing agreement, but adding an opposing view 1 Exactly!

2 I agree with you, Mr Howard, but we have to look at what the law says. 3 I don't think we can risk waiting until they have had a chance to kick their
drug habits! 4 John's right - we need to act on this now. 5 I'm afraid I have to disagree with you both. 6 In my opinion, you risk more by acting hastily, by making a knee-jerk reaction to the problem. 7 That may be true, but we can't just sit back and do nothing. S I couldn't agree more! 9 I see your point... 10 ... you're absolutely right - you do bear responsibility for the safety of others. 11 That's not a bad idea ... 20 Which phrases in Exercise 19 do you think express agreement strongly? 21 Look at these phrases for disagreeing and tick the ones which you think would be acceptable for a lawyer to use with a client. 1 2 3 4 5 6 7 You're wrong about that. I see what you mean, but I still feel... I suppose that could be true. However, I think... I agree with you to a certain extent, but... I totally disagree. I'm not sure I entirely agree with you on that. That's not true.

S You've got that all wrong.

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22 Using the phrases for agreeing and disagreeing presented above, discuss these statements with a partner. 1 Sex discrimination cases will decline as women are now enjoying more equality in the workplace. 2 Drug testing in the workplace is an infringement of an individual's right to privacy, a right which the courts should continue to protect. 3 It is an employer's responsibility to help its employees overcome problems with addiction or substance abuse. 4 Women should be able to resume their careers where they left off after taking time off to bring up a family.

Unit 8 Employment law

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Thearticle belowand on page115 presentsan alternativemeansof dealingwith employmentrights disputes.It appearedon a websiteoffering newsand analysison European industrial relations. 23 The article is divided into three parts. Read the three headings. Which of the three sections do you think primarily contains opinions and attitudes?
24 Look at the first section of the text. Underline the explanation of how employment tribunals work, as well as the four adjectives describing the new arbitration scheme.

25 Read the whole text. Whose opinions of the arbitration procedure are reported? Why
does the writer describe the introduction of the new scheme as ironic?

Key features of the scheme

There are significant differences between the new arbitration scheme and the conventional employment-tribunal process. The key features of the ACAS arbitration scheme are as follows: The scheme is entirely voluntary and is available only in respect of unfair dismissal claims. It can be used only where both parties agree to it and waive certain rights they would have at an employment tribunal. Hearings will be held in private in such places as an ACAS office or a hotel and will normally be completed within half a day. Written statements of their case may be submitted by the parties in advance. The case will be heard by an experienced arbitrator, chosen by ACAS, not the parties themselves. Legal representatives may be used by the parties. There is no set format for the hearing. Arbitrators have a general duty to act fairly and impartially between the parties, giving each party a reasonable opportunity to pleadhis or her case and respond to that of the other party. The process is intended to be 'inquisitorial' or 'investigative', rather than adversarial as in tribunal hearings - no cross-examination will take place. Each party covers their own costs in attending the hearing. However, if a dismissal is found to be unfair, the arbitrator can include in the calculation of any compensation a sum to cover the costs incurred by the employee in attending the hearing. Arbitrators are required to apply EC law and the Human Rights Acts 1998 (on which a legal adviser may be appointed to provide guidance), but otherwise, instead of applying strict legal tests and case law, the arbitrator's decision will have regard to 'general principles of fairness and good conduct in employment relations'. . As with unfair dismissal cases determined by an employment tribunal, reinstatement, reengagement and compensation are the available remedies if the dismissal is not upheld. Unlike tribunal cases, however, the award is confidential to ACAS and the parties, and the arbitrator's decision will be final and binding. There is only very limited scope for appealing or challenging the arbitrator's award.

. . .
. .

.
,

Commentary
It remains to be seen what impact the new arrangements will have. Lawyers and other commentators are uncertain about the merits and likely attractiveness of the new scheme. Some have expressed concern that, because the criteria for arbitrators' decisions ('general principles of fairness and good conduct in employment relations') differ from the statutory tests applied by the tribunals, a 'two-tier' system of justice may develop. It has also been suggested that the arbitration scheme offers employers and employees less certainty of outcome, and that the confidentiality of awards may mask variable standards within the arbitration scheme. Some lawyers think that the confidentiality of proceedings under the arbitration scheme may be a significant attraction to employers who want to avoid the damaging publicity sometimes associated with tribunal cases. Conversely, however, some lawyers predict that the fact that the process is private may make arbitration less attractive to dismissed employees. According to this view, arbitration lacks the 'embarrassment value' of public tribunal hearings which may lead to favourable out-of-court settlements for dismissed employees. The limited grounds for appealing against an arbitrator's decision are considered a disadvantage for employers. The irony of the new arbitration scheme is that employment tribunals were themselves intended as an 'easily accessible, informal, speedy and inexpensive' alternative to the ordinary courts for dealing with individual employment disputes when the UK's unfair dismissals legislation was first introduced 30 years ago.

26 Read the article again and decide whether these statements are true or false.
1 Arbitration is intended to be faster and less formal than the traditional process of resolving employment disputes. 2 In the arbitration scheme, parties will not be questioned by the other party's representative. 3 In reaching a decision, an arbitrator is obliged to apply case law and legal tests. 4 Some lawyers fear that arbitration will lead to double standards in the resolution of employment disputes. 5 The confidentiality of arbitration appeals to those who have been dismissed from work, as it causes less embarrassment. 6 Employers regard the fact that it is difficult to appeal a decision made by an arbitrator to be a considerable advantage of the arbitration system. 27 Match these adjectives from the text (1-5) with their synonyms (a-e). 1 2 3 4 voluntary key vast confidential 5 conventional a huge b traditional c private d important e optional

28 Match these verbs (1-6) with their definitions (a-f). The verbs are in italics in
the article.
1 to waive 2 to hear 3 4 5 6 to to to to plead apply appeal challenge a to formally request that a decision of an inferior body be reviewed by a superior one b to argue a case in court c to give something up d to make use of something (when deciding a case) e to question something f to listen to a case at a relatively formal proceeding Unit8 Employment law

29 Match the verbs (1-6) with the nouns in the box that they collocate with in the article. Some of the nouns go with more than one verb. a law
I

an award

a case

rights 4 to apply 5 to appeal 6 to challenge

1 to hear 2 to waive 3 to plead Can you add any more?

30 How does the arbitration procedure described in the text compare with the arbitration system used for handling employment disputes in your jurisdiction?

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A lawyer has received a request from a client who employs a large number of people and has to deal with employment rights disputes on a regular basis. The client has asked for general information about the arbitration process described in Reading 4 in a short, easyto-understand memo. He wants to know how it compares with employment tribunals, and what the advantages and disadvantages are of arbitration from the point of view of an employer. 31 Read this email, written in response to the above request. Some of the information it contains is incorrect. Find three factual mistakes and correct them.

Dear Mr Mason In your email of 9 April, you asked for information concerning the new arbitration procedure. You specifically requested an assessment of the advantages and disadvantages of arbitration from the point of view of an employer. The following summary presents a selection of key features of both the new arbitration scheme and the existing employment tribunal process. Speed: Unlike hearings held before an employment tribunal, the new procedure can be completed faster, usually in one week. This is clearly advantageous for an employer, as it would save a great deal of time and money. Confidentiality: In contrast to the public hearings held by employment tribunals, the new arbitration process is conducted in a private setting, such as a hotel, and is completely confidential. This prevents an employer from getting the unwanted bad publicity that often accompanies public proceedings. A further advantage of confidentiality from the point of view of an employer is the fact that high out-of-court settlements for employees (which are typically reached in order to avoid the embarrassment of public proceedings) are thus much less likely. Appeals: Both the decisions of an employment tribunal and those reached in arbitration appealed. Naturally, this can be regarded as a significant advantage for an employer. can be

On balance, I would say that the new arbitration scheme is attractive from the point of view of an employer, and I recommend that you consider making use of this new process to deal with all kinds of employment disputes. Please do not hesitate to contact me if you would like further information. article about this topic to this email which may be of interest to you. Yours sincerely I have attached an

Elisabeth Stephens

32 When comparing complex ideas in a clear and simple way, it is advisable to decide on an overall organising principle. Generally speaking, two approaches to organising ideas are available to the writer: A Listing and explaining the advantages and disadvantages then the other; B Choosing key points - such as confidentiality in respect of these criteria.
-

of one system and

and discussing each system

1 Which method of organising a comparison is used in the email you have just read? 2 Which sentence in the email announces the organising principle to the reader at the beginning of the text? 3 Underline the phrases in the email which are used to compare and contrast. 4 Which phrases are used to point out advantages? 33 Rewrite the email on page 116 using method A to organise the information. Correct the factual mistakes and make use of some of the following phrases P.294 for comparing and indicating advantages/disadvantages:

SAMP E ANSWER

X has a number of advantages, such as ... However, it also has some disadvantages/drawbacks

...
of being ...

X differs from / is different from Y with regard to / in respect of ... The first system / The former has the advantage/disadvantage of being ... ,
while the second system / the latter has the benefit/drawback

(~\

Unit 8 To improve your web-based research skills, visit www.cambridge.org/elt/legalenglish.click Research Tasks and choose Task 8. on

Unit 8 Employment law

Vocabulary: distinguishing meaning Which word in each group is the odd one out? You may need to consult a dictionary to distinguish the differences

3 4 5 6

dismissal redundancy layoff prohibit forbid solely exclusively primarily only confidential certain private secret essential key conventional important speedy fast vast swift

Adjective formation Add the prefixes in-, non- or

to form its opposite. The words marked with

have more

form. 1 2 3 4 attractive certain confidential conventional

5 6 7 8 9 10 11

discriminatory fair lawfUl necessary reasonable specific* voluntary

WordcboiceThese senteflt:esarepaxt 1996. In each case, choQsetM t:6rrecLwqrq or

1 An employee who waives the end of her maternity leave period shall
than seven days' information

intends to return. 2 If an employee attempts to maternity leave period with, subsection 1, her employer shall be postpone her return to a date s that he has seven days' notice 3 An employer is not entitled to / employee's return to work to period.

Use of pr~positions Complete the senteqces below using the prepositions the box. The sentences are taken from the texts in this Lln.it.

in

against against to under via

from with

from

in

of

off

on

on

to

1 It is unlawful for a person to discriminate another based on sex or marital status the hiring process and in respect of the terms and conditions of employment. 2 After the employee hired, protection is generally provided the Employment Rights Act 1996. 3 A voluntary arbitration procedure unfair dismissal cases is available employers and employees as an alternative the traditional way of resolving such cases employment tribunals. 4 Solicitors employment law cases being brought 5 The employees discrimination and prevented women 6 The years 7 8 grounds sex pervading the firm senior partners. or five

awarded incurred 'If you 2) tribunal. A

decide issue

dismisscd pay

file

goes

heard

includes

resembles you can employment It hears to

a hearing, 6) qualified legal and two non-legally qualified who may have experience as employers or union representatives, for example. whether your dismissal was unfair or not. If your case is successful, the tribunal will also decide whether compensation should be 8) , and if so, how much. The tribunal or the by the other party.'