Employment

law

ng 1: I on e p e
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 Termination of employment e Labour law
b Employment tribunals f Protecting the disabled
c Terms of employment g Recruitment
d Employment legislation

1 (US) layoff 2 (US) labor union

,
3 (US) labor law

s: E p
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 do you think could result in
such a claim for compensation?

4 Match the words to form collocations as they appear in Reading 1.

1 sex a origins
2 marital b dismissal
3 ethnic c discrimination
4 holiday d status
5 unfair e entitlement

5 What laws govern employment in your jurisdiction? Do they regulate the same
areas (sex discrimination, race relations, disability, health and safety, and
employee rights in general) that the UK laws regulate?

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 ng 2: E on e p e
Thefollowing text, which appearedin an online gazettefor lawyers,dealswith changes
that would likely resultfrom the implementationof plannedEUdirectiveson
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

,
8 Read the whole text and decide whether these statements are true or false.

1 A directive concerning entitlement to parental leave will soon be made into

law in the UK.
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 a a person asserting a legal right which has been'violated

2 to bring a claim against someone b a right to benefits specified by law or contract
3 entitlement c to make something illegal
4 claimant d to assert a legal right alleged to have been violated

ning e p e b c
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 attend a managers' meeting D

2 contact the employment tribunal personally D
3 inform the management about the status of the case D
4 send an email with the requested document D
5 discuss the case with the dismissed employee D
6 write an exact account of the circumstances leading to the dismissal D

Unit 8 Employment law

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 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 pre-

hearing 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 in this matter.

Sincerely
Gwen Hill

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 1.3 Although Jane and Gwen have a friendly working relationship and are on a first-
name 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) from the email on page 110 with their
more informal counterparts (a-j).
1 Kindly let me know a Here's the
2 Further to our phone conversation this morning b with all the facts
3 for your assistance in this matter c if you need more information
4 which you requested d Tell me
5 Sincerely e As mentioned on the phone this morning
6 providing a complete factual account of the f Thanks a lot
circumstances
7 I attach g Please tell me asap
8 Many thanks h you asked for
9 if you require further information i for helping me out with this
10 I'd appreciate it if you could let me know as soon j Best wishes
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;
0 information about the actions she has taken in the case since their last
contact;
0 reference to the documents attached;
0 reference to what Jane believes will be the outcome of the case;
0 a closing line offering assistance if needed.

ng 3~ in on
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 3
FOR DISCRIMINATORYBEHAVIOUR TRIBUNALHEARS
CONTROVERSIAL
DISMISSALCASE
2
HIGH AWARD OF DAMAGES IN
DISCRIMINATION CASE
Unit 8 Employment law
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 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 are true or
false.

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 work-
related drug use.
S Ms Brewer recommends laying off the workers suspected of consuming
illegal drugs in the workplace.

3
 9 ing opinion,
ing
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 You're wrong about that.

2 I see what you mean, but I still feel...
3 I suppose that could be true. However, I think...
4 I agree with you to a certain extent, but...
5 I totally disagree.
6 I'm not sure I entirely agree with you on that.
7 That's not true.
S You've got that all wrong.

ng: ing ng
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.

Unit8 Employmentlaw
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 ng
.. r
Thearticle belowand on page115presentsan alternativemeansof dealingwith employmentrights
disputes.It appearedon a websiteoffering newsand analysison Europeanindustrial 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, re-
engagement 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 voluntary a huge
2 key b traditional
3 vast c private
4 confidential d important
5 conventional e optional

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

Unit8 Employmentlaw
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 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 a case rights

I an award

1 to hear 4 to apply
2 to waive 5 to appeal
3 to plead 6 to challenge

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?

ng on
in el l
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, easy-
to-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 can be
appealed. Naturally, this can be regarded as a significant advantage for an employer.

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. I have attached an
article about this topic to this email which may be of interest to you.
Yours sincerely

Elisabeth Stephens

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 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 of one system and
then the other;
B Choosing key points - such as confidentiality - and discussing each system
in respect of these criteria.

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.

~
SAMP E
ANSWER Correct the factual mistakes and make use of some of the following phrases
»P.294 for comparing and indicating advantages/disadvantages:

X has a number of advantages, such as ...

However, it also has some disadvantages/drawbacks ...
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 of being ...

D
(~\ Unit 8

To improve your web-based research skills, visit www.cambridge.org/elt/legalenglish.click on

Research Tasks and choose Task 8.

Unit 8 Employment law

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

dismissal redundancy layoff

prohibit forbid
3 solely exclusively primarily only
4 confidential certain private secret
5 essential key conventional important
6 speedy fast vast swift

Adjective formation Add the prefixes in-, non- or

to form its opposite. The words marked with * have more
form.

1 attractive
2 certain
3 confidential
4 conventional *
5 discriminatory
6 fair
7 lawfUl
8 necessary
9 reasonable
10 specific*
11 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 in
the box. The sentences are taken from the texts in this Lln.it.

against against from from in of off on on to

to under via with

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 sex

discrimination and pervading the firm
prevented women senior partners.
6 The or five
years
7 grounds

awarded decide dismisscd file goes heard includes

incurred issue pay resembles

'If you you can

2) employment
tribunal. A 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.'