Unit VI

Pre-reading task

Discuss the following questions:

1. What laws govern employment in your jurisdiction?

2. Do the Ukrainian citizens have any employment or labor rights under the Constitution?

3. Do Ukrainian laws regulate sex discrimination, race relations, disability, health and safety?

Task 1. Read the text to understand what information is of primary importance or new for you.

Employment law

Employment law entails contracts between employers and employees which are normally controlled by specific legislation. In the UK, certain laws have been enacted regulating the areas of sex discrimination, race relations, disability, health and safety, and employee rights in general.

In the recruiting processes, employers must take into consideration that it is unlawful to discriminate between applicants for employment on the basis of gender, marital status, colour, race, nationality, or ethnic or national origins. It is also unlawful to publish job advertisements which might be construed as discriminatory. It is unlawful for a person to discriminate against another based on sex or marital status in the hiring process and in respect of the terms and conditions of employment. However, there are exceptions to this rule, such as where sex or marital status is a genuine occupational qualification (GOQ).

The law protects disabled persons by making it unlawful to discriminate against such persons in the interviewing and hiring process and regarding the terms of the offer of employment. Employers are required to make reasonable adjustments in the place of work to accommodate disabled persons.

Matters related to continuation of employment, the amount and frequency of pay, hours of work, holiday entitlement, termination of employment, such as unfair dismissal, discriminatory dismissal or redundancy dismissal are governed by the Employment Rights Act 1996.

The protection of employees is largely enforced through complaints to an employment tribunal. The tribunal has the power to render decisions and issue orders in respect of the parties’ rights in relation to complaints. It may also order compensation for loss of prospective earnings and injured feelings.

Task 2. Find in the text above the English equivalents for the following words and expressions. Memorize them. Use them in the context of your own.

умови трудового договору, непрацездатність, захищати інвалідів, претендент на посаду, найм робітників, розмір оплати, право на чергову відпустку, несправедливе звільнення, звільнення у зв’язку зі скороченням штатів, суд з трудових спорів, втрата очікуваного заробітку, виносити рішення, дискримінаційне звільнення.

Task 3. Give the Ukrainian equivalents for:

contracts between employers and employees, race relations, health and safety, recruiting processes, marital status, genuine occupational qualification, offer of employment, reasonable adjustments, termination of employment, discriminatory dismissal, render decisions.

Task 4. Answer the following questions:

1. What does Employment law deal with?

2. What job advertisements are considered to be unlawful?

3. How are disabled persons protected?

4. What matters are regulated by the Employment Rights Act?

5. What cases does an employment tribunal deal with?

Task 5. Match the 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.

Task 6. Read the case below and decide the following:

1. State the commencement date and termination date of Charles Scoville’s employment with Bannerman and Law.

2. What was Charles Scoville’s job title with Bannerman and Law?

3. What reason was Charles given for his dismissal?

4. Is the reason given for dismissal one of the legally acceptable reasons for dismissal? If so, which one?

5. What led the Senior Partner to believe that Charles had stolen from the firm?

6. What explanations has Charles provided for the allegation made against him?

7. What proof has Charles obtained in support of his explanation?

8. State in a few sentences why you would content that Charles has been unfairly dismissed?

Employment Tribunal case

Between:

Charles E. Scoville Applicant

And

Bannerman and Law (firm) Respondent

Statement of the Application

I, Charles Edward Scoville, of 18 Lower Richmond Road, Putney, London, SW15, hereby states as follows.

1. I am the applicant in this Employment Tribunal proceeding. I commenced employment with the Respondent on 16 March 2003. I was based at the firm’s Head Office at 11 The Strand, London, WC2, where I worked until 26 April 2007 as one of a team of four legal cashiers.

2. On Monday 26 April 2007 I arrived at the office at approximately 8.50 a.m., to start work as usual at 9.00 a.m. I have just parked in the firm’s car-park and was entering the building when I noticed Mr Henry Moore, the firm’s Managing Partner, running towards me. He appeared very angry. I was then very taken aback as he grabbed my arm while stating to me” You’re dismissed! I want your office keys. Don’t think you’re going anywhere, the police are on their way!”

3. I tried to explain to Mr Moore that I had done nothing wrong and didn’t understand what all this was about. I was given no details at this stage of what I was being accused. All I knew was that I was being summarily dismissed.

4. It was only when the police arrived that I began to get an explanation. Detective Constable Clouseau told me that I was being accused by Mr Moore of stealing several million pounds of client monies. I was astounded by this. I stated in reply that I would never dream of doing such a thing. I have worked as a legal cashier for a number of prestigious legal and accountancy firms in the city and have an unblemished record for my professionalism and honesty.

5. D.C. Clouseau then asked me “How do you account for the new Ferrari sports-car sitting out there in the park-car then?” I explained that I had been the very fortunate winner of a large sum of money on the National Lottery several days previously. At that time the only purchase I’d made from my winnings was the Ferrari, a vehicle I have longed to own since childhood. Ironically I was intending to continue with my job at Bannerman and Law since I love my work. I also explained this to D.C. Clouseau and his colleague, Police Constable Capriati.

6. The following day I received a letter in the post from Bannerman and Law confirming my dismissal with immediate effect along with a cheque for my salary up to and including Monday 26 April 2007. The letter was signed by Henry Moore. That day I visited the offices of Chameleon, who run the National Lottery. There I provided Mandy Renwick, Chameleon’s Chief Executive, with authority to disclose information to the police confirming my win. When I went to the police station the next day I was relieved to be informed by the police that they had concluded their enquiries and were now satisfied that there were no criminal charges for me to answer. They had received written confirmation from Mandy Renwick that I had indeed recently won the lottery.

7. I have subsequently written a letter to Bannerman and Law asking for an appeal hearing against my dismissal. I want the opportunity to be heard and to explain to the firm that I am entirely blameless. I have not however received any response to my letter to date. I have many friends there and miss their companionship very much. Nevertheless, I no longer want to work for Bannerman and Law after the way I have been treated.

8. The contents of this statement are true to the best of my knowledge and belief.

Signed Charles E. Scoville

Charles E. Scoville

Date 5^th May 2007

Role-play the Employment Tribunal.

1. Write down the speeches of the parties’ attorneys.

2. Role-play the trial. Act for the plaintiff, defendant, attorneys, witnesses and the judge.

Task 7. Translate the following words and phrases. Use them to translate the text:

to create conditions, job placement, professional development, to exercise labor rights, employment agreement, paid leave, safe working conditions, to join trade union, adjudication of labor disputes, according to the established legal procedure, regardless of, religious beliefs, occupation, place of residence, to be obliged to.

Кодекс законів про працю України регулює трудові відносини всіх працівників.

Право громадян України на працю та вільний вибір професії забезпечується державою. Держава створює умови для ефективної зайнятості населення, сприяє працевлаштуванню, підготовці та підвищенню кваліфікації.

Працівники реалізовують право на працю шляхом укладання трудового договору. Працівники мають право на щорічну оплачувану відпустку, право на здорові і безпечні умови праці, на об’єднання в профспілки та на вирішення колективних трудових конфліктів (cпорів) у встановленому законом порядку.

Україна забезпечує рівність трудових прав усіх громадян незалежно від походження, соціального і майнового стану, расової та соціальної приналежності, статі, мови, політичних поглядів, релігійних переконань, роду і характеру занять, місця проживання та інших обставин.

Трудовий договір є угода між працівником та роботодавцем, за якою працівник зобов’язується виконувати роботу, визначену цією угодою, а роботодавець зобов’язується виплачувати працівникові заробітну плату і забезпечувати належні умови праці, передбаченні законодавством про працю, колективним договором і угодою сторін.

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