Download - Labour and Employment Law. ILEC exam course
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UNIT 8. LABOUR LAW
AN EMPLOYMENT TRIBUNAL CLAIM.
TERMS TO USE IN A FORMAL EMAIL
LIABILITY RISKS.
PUBLIC HEARING v. ARBITRATION.
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THE EMPLOYMENT TRIBUNAL
EMPLOYMENT TRIBUNAL:
• Judicial bodies established to resolvedisputes between employers and employees, over matters involving employment rights, such as:
UNFAIR DISMISSAL, REDUNDANCY PAYMENTS AND DISCRIMINATION.
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HANDLING OF A LABOUR CLAIM:
A CLAIMANT SUBMITS A CLAIM, USUALLY IN PERSON,
If there are outstanding issues concerningwitness testimony, necessary documents,
The chair of the tribunal holds a case-management discussion to clarify them and decide whether the claim has merit.
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IN THE PRE-HEARING
REVIEW OR ASSESSMENT.
• The claimant may attend or not.
• Here, the defendent can file an ENTRY
OF APPEARANCE with his arguments
and pieces of evidence.
• Lastly, a decision is made as to whether
the claim has merit or not (if the claim has
merit the trial follows with the FINAL
HEARING)
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IN THE PRE-HEARING
REVIEW OR ASSESSMENT.
• The defendent can submit the ENTRY OF
APPEARANCE.
• Plus: the application for the PRE
HEARING ASSESSMENT to the
employment tribunal.
• Plus: a written submission of the case
• The defendent can request that the case
be disposed of solely on the basis of this
written submission.
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IN THE FINAL HEARING:
A DECISION IS MADE AS TO…
…WHETHER THE CLAIM
SUCCEEDS OF FAILS
…AND, IF IT SUCCEEDS,
…,THE AMOUNT OF
DAMAGES TO BE AWARDED.
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FORMAL EXPRESSIONS IN AN E-MAIL:
• Further to your phone conversation …
• I attach…
• Please find attached…
• Kindly let me know…
• If you require further information.
• I´d appreciate it if you could let me
know…
• Many thanks for your assistance in this
matter.
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A SEX DISCRIMINATION CASE:
• The UK law provides for sex-
discrimination cases to be
brought before an employment
tribunal.
• The employment tribunal has
the power to award
compensation to the claimant.
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• IF the tribunal decides that the law has been
BROKEN, it can award compensations for:
1) FINANCIAL LOSS,
2) for INJURY TO FEELINGS or HEALTH,
SUFFERED AS A RESULT of the discriminatory
treatment.
3) The T. may award AGGRAVATED DAMAGES
if the injury of feelings has been made WORSE
by the manner in which the case has been
carried out.
4) Exemplary damages to punish the respondent.
A SEX DISCRIMINATION CASE:
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LIABILITY RISKS:
• “You are contemplating implementing a
drug-testing programme…”
• “the legality of such a course of action”.
• “There´s a good chance that you could be
sued for violating the employee´s right to
privacy”.
• “Cases when the employee has been
engaged in safety-sensitive work”.
• You risk costly litigation that you´d most
likely lose…
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LIABILITY RISKS:
• “That may be true”, “I couldn´t agree
more”.
• “You bear responsibility for the safety of
others”.
• “Let me suggest something you could do
immediately:…”
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EXPRESSIONS OF AGREEMENT
• EXACTLY!!
• I AGREE WITH YOU … BUT…
• YOU ´RE RIGHT…
• THAT MAY BE TRUE, BUT…
• I COULDN´T AGREE MORE!!
• I SEE YOUR POINT…
• YOU´RE ABSOLUTELY RIGHT!
• THAT´S NOT A BAD IDEA…
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EXPRESSIONS OF DISAGREEMENT
• YOU´RE WRONG ABOUT THAT.
• I SEE WHAT YOU MEAN, BUT I STILL
FEEL THAT…
• 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.
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SPEAKING: Agreeing and
Disagreeing:
• USING THE PHRASES FOR AGREEING
AND DISAGREEING, discuss the
statements on page 113 with a partner.
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ARBITRATION v. TRIAL:
PUBLIC HEARING ARBITRATION PROCEDURE.
In front of a 3-member
employment tribunal.
Administered by the
Advisory Conciliation and
Arbitration Service (ACAS)
With a legally qualified
chairperson
It is intended to be
“confidential”.
Involves cross-examination
of witnesses
It is intended to be speedy
and informal.
Involves legal
representatives (lawyers)
It is intended to be non-
legalistic.
The process is adversarial The process is inquisitorial
or investigative.
Since 2001: VOLUNTARY ARBITRATION PROCEDURE in UNFAIR
DISMISSAL. (UK and WALES)
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THE ARBITRATION SCHEME.
KEY FEATURES.
• The scheme is entirely voluntary.
• It is available ONLY IN RESPECT OF
unfair dismissal claims.
• Both parties “agree on it”, and “waive
certain rights” they would have at an
employment tribunal.
• Rights they “waive”: APPEALING and
CHALLENGING the arbitration´s
award.
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THE ARBITRATION SCHEME.
HEARINGS:
• Hearings are held in private in places
such as ACAS office or a hotel.
• Hearings normally last half a day.
• The case is HEARD by an “experienced
arbitrator” chosen by ACAS, not the
parties themselves.
• Parties may or may not use legal
representatives.
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THE ARBITRATION SCHEME.
PROCEDURE:
• First, parties agree to waive certain rights.
• Then, the experienced arbitrator is appointed.
• Written statements of their case may be
submitted by the parties in advance.
• The hearing is held. Here the process is
“inquisitorial” or “investigative”.
• Arbitrators must apply EC law, the Human
Rights Act 1998, and general principles of
fairness and good conduct in employment
relations.
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THE ARBITRATION SCHEME.
EVALUATION.
• Lawyers are uncertain about the merits and
likely attractiveness of the new scheme.
• Some have expressed concern that,
because the criteria for arbitrator´s
decisions differ from the statutory tests
applied by tribunals, a “TWO –TIER”
system of justice may develop.
• It is said also that it offers less certainty of
outcome.
• And that it may mask variable standards.
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THE ARBITRATION SCHEME.
EVALUATION.
• Positive evaluation is deserved, by some,
on the confidentiality of proceedings, for
those who want to avoid the DAMAGING
PUBLICITY associated with tribunal
cases.
• Conversely, some predict that arbitration
lacks the EMBARRASSMENT VALUE of
public tribunal hearings, and it leads to
favorable OUT OF COURT
SETTLEMENTS for dismissed employees.
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WE ARE ALMOST ENDING
THE YEAR!!!
• THANK YOU TO YOU ALL!!
• KEEP STUDYING LEGAL
ENGLISH!!
• HAPPY NEW YEAR!!
Maury and Adela.