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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.