2. An employment tribunal claim

Listening 9. Listen to the lecture on Remedies for Wrongful or Unfair dismissal and answer the following questions.

1. What are the options for the employee dismissed unfairly?

2. What is reinstatement?

3. What is reengagement?

4. What are the types of monetary awards?

5. What is the maximum discriminatory award?

Listening 10. Lawyers are often consulted in employment rights disputes, providing consultation and 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.

Ex. 1. Listen and tick the actions that Gwen will take following the phone conversation.

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

__ __ __ __ __ __

Ex. 2. 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. ATTACHMENTS AND FORMALITY

Ex. 3. 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.

Subject: Myers dismissal case Attached: entry of appearance.pdf; reasons for dismissal_Myers.doc Dear Jane 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

Ex. 4. 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?

Ex. 5. Match these formal expressions (1-10) from the email with their more informal counterparts (a-j).

1. Kindly let me know 2. Further to our phone conversation this morning 3. for your assistance in this matter 4. Which you requested 5. Sincerely 6. 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

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) Please tell me asap h) you asked for i) helping me out with this j) Best wishes

Ex. 6. Jane has submitted the entry of appearance and the application for the pre­hearing assessment to the employment tribunal. She has also made a written 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:

• a statement of the reason for writing;

• information about the actions she has taken in the case since their last 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.

Ex. 7. Read the following article and retell it in English, give your point of view on the suggested problem.