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Файл:Reading Comprehension in Law. Учебник
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101
If you face unfair dismissal, (that is a situation in which an employer orders
someone to leave their job, when there is not a good reason to do so). The legal disputes
between a worker and whoever employs them can be decided in Employment Tribunals,
the common law courts (the High Court or County Court) and the recently introduced
arbitration scheme operated by a government body called the Advisory Conciliation &
Arbitration Service (“ACAS”). It’s important to remember that employment law is about
compensation rather than punishment as it sits within the principles of civil rather than
criminal law. Therefore, key things the tribunal might instruct you to do are:
1. Require you to give your employee their job back.
2. Pay compensation and /or damages to your employee for any injury to personal
feelings or loss of income.
3. Pay any witness expenses for your employee.
4. Pay your employees tribunal fees.
Exercise 2
Do research and present the key points of Employment Law in Russia.
Exercise 3
Using the following guidelines, draft written particulars with your future
employer.
Contractual terms
Most employees in the UK have a written contract. As a minimum, employers are
obliged to give employees written particulars of the main terms and conditions of their
employment.
Express terms
Statement of Particulars. Section 1 of the Employment Rights Act 1996 requires
employers to issue employees with written particulars of the main terms and conditions
of their employment. These particulars have to be issued within 2 months of the
commencement of the employee’s employment.
The written particulars which should be given include the following:
1. The name of the employer and of the employee.
2. The employee’s job title or a description of the work they are employed to do.
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3. The employee’s place of work. If the employee works in various places, details
of this must be given together with the address of the employer.
4. The date on which the employment began and when the period of continuous
employment is treated as having begun.
5. The scale or rate of remuneration or method of calculating remuneration
including the intervals at which it is paid (e.g. weekly or monthly).
6. Terms and conditions relating to hours of work (e.g. start and finish times,
overtime pay etc.).
7. Terms and conditions relating to public holidays, annual leave entitlement,
sickness absence and sick pay.
8. Terms and conditions relating to pension schemes (including whether or not
there is a contracting out certificate in force relating to participation in the state pension
scheme).
9. If the employment is not intended to be permanent, the period for which it is
expected to continue or, if the contract is for a fixed term, the date on which it will end.
10. Details of any disciplinary rules and details of the person to whom the
employee can apply if they are dissatisfied with any disciplinary decision; 7 GUIDE TO
UK EMPLOYMENT LAW.
11. Details of the person to whom the employee can apply for the purposes of
redressing any grievance and how any such application should be made.
12. The length of notice of termination required to be given by both the employer
and employee.
13. Details of any collective agreements which directly affect the employee’s
terms and conditions.
14. The following details relating to any assignment outside the UK — length of
the assignment, remuneration package (including details of the currency in which
payment is to be made and any expatriate allowance) and any terms relating to returning
to work in the UK.
Exercise 4
Contract of employment. Instead of relying on the statement of main particulars, it
is common for employers to issue all their employees with formal contracts of
employment. In addition to the matters listed above, it is common for a contract of
employment to cover the following additional issues.
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Below are the explanations of some contract terms, match the terms and their
definitions:
Benefits , Termination , Post termination restrictions,
Probationary Period, Confidentiality / IPR, Notice period
contracts of employment often provide that the initial
period of the contract (typically the first 3 months) will
be on a probationary basis so that the employer can
evaluate the suitability of the employee for the position
although some employees are engaged on a fixed term basis
(normally senior executives or staff hired for a particular
project), most employees are hired on an indefinite contract
which is terminable at any time by either party giving a
specified period of notice. If the contract does not specify a
period of notice, the common law implies that it will be
terminable on “reasonable” notice
in addition to basic salary, many employers offer
additional benefits such as a pension scheme, a bonus or
commission scheme, private health insurance, long term
disability insurance, death in service insurance, a
company car (or car allowance), gym membership and
share options
if the employee is likely to have access to the
employer’s confidential information, it is advisable for
the employment contract to include specific provisions
identifying the information and providing that the
employee must not use it for personal gain or disclose it
to any unauthorised person at any time during their
employment or after its termination
since most disputes between employers and employees
arise on the termination of the relationship, it is often a
good idea for the contract to specify the circumstances
in which the employer will be entitled to terminate it
without notice (such as gross misconduct or gross
negligence)
if an employee’s access to the employer’s confidential
information, customers and/or other employees is such
that they would pose a risk to the business following the
termination of their employment, it is sensible to include
post termination restrictions in the contract
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Exercise 5
Fill in the words below into the gaps:
safe, competent, general, adequate, specific,
unnecessary extensive, reasonable, liable
Duty to take care for safety of employees.
An employer is under a duty to take … (1) care for the safety of its employees. (This
duty arises at common law and under the Health and Safety at Work Act 1974). Employers
are also … (2) for the acts of their employees if these are committed in the course of their
employment. The employer’s duty is usually expressed as the obligation to:
a) provide a … (3) place of work;
b) provide a safe means of access to the place of work;
c) provide a safe system of work;
d) provide … (4) equipment and materials;
e) employ … (5) fellow employees; and
f) protect employees from … (6) risk of injury.
The application of the … (7) duty to a wide range of … (8) situations (covering,
for example, electricity at work, computer screens, and use of alcohol and drugs) is set
out in an … (9) body of regulations.
Exercise 6
Look at the table and give the opposites to the following adjectives:
1. safe
2. responsible
3. competent
4. wide
5. general
6. common
7. adequate
8. definite
9. specific
10. authorized
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11. necessary
12. satisfied
13. extensive
14. important
15. reasonable
16. effective
17. liable
18. fair
19. simple
20. relevant
Exercise 7
Look at the phrases in bold in the text. Match the adjective and the noun.
Give a translation to a phrase.
1. collective
a) reassignment
2. fair
b) disputes
3. Gender
c) range
4. employment
d) misunderstanding
5. key
e) options
6. health
f) treatment
7. annual
g) leave
8. unfair
h) communication
9. poor
i) wages
10. ineffective
j) events
11. simple
k) assessments
12. various
l) scheme
13. relevant
m) management
14. wide
n) relationship
15. legal
o) requirements
16. arbitration
p) bargaining
Exercise 8
Read the text about the dismissal procedure and decide what form of the
verb (active or passive) to use in gaps.
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Dismissal procedures
A dismissal can (1) (to find) to have been unfair on the grounds that it was
handled unfairly (e.g. because the employer’s dismissal procedures were not
implemented correctly). Therefore, before dismissing an employee who is eligible to (2)
(to bring) a claim for unfair dismissal, it is important that an appropriate dismissal
procedure (3) (to follow) The appropriate procedure will depend on the reason for
dismissal. However, it is important to (4) (bear) in mind that an employee who is unable
to bring a claim for unfair dismissal (for example, because they have less than one year’s
service) may still bring a claim for damages for breach of contract if the employer (5) (to
fail) to follow a contractual disciplinary procedure before dismissing.
Misconduct. If an employer is to dismiss an employee fairly on grounds of
misconduct, it must (6) (to operate) a fair disciplinary procedure. This will always
involve inviting the employee to a disciplinary interview and giving them an opportunity
of answering the allegations made against them. The employee should (7) (to give)
advance notice of the disciplinary hearing and details of the allegations against them as
well as the opportunity of being accompanied by either a fellow employee of his choice
or a trade union representative. It may be appropriate (8) (to suspend) the employee
from work prior to the disciplinary hearing while an investigation into the allegations
against them (9) (to carry out), any such suspension will normally (10) (to pay). It will
be unfair to dismiss an employee for a first offence, unless the incident is serious enough
to constitute gross misconduct. In all other cases employees should normally (11) (to
give) warnings before dismissal. There is no specific legal requirement that a certain
number of warnings must be given prior to dismissal, but it is common in the UK for
employers to have the following stages to a disciplinary procedure — (I) oral warning;
(II) first written warning; (III) final written warning; (IV) dismissal. Finally, all
employees should be given the right to appeal against any disciplinary sanction.
Poor Performance. Unless the employee has been guilty of gross negligence
(in which case it may be fair to dismiss without any prior warnings) the employer will
(12) (to expect) to follow a procedure similar to the one described above whereby the
employee is given a series of warnings explaining the respects in which their
performance is unsatisfactory, the improvement required and the time within which the
improvement must (13) (to make). The consequences of failing (14) (to achieve) the
required standards within that timeframe should also be made clear. If appropriate, the
employee should be given reasonable assistance (such as additional training) to help
them achieve the required improvements. Consideration should also be given to whether
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the employee should (15) (to transfer) to an alternative position. The employee should
be given the opportunity of being accompanied by a fellow employee of their choice or a
trade union representative at any meeting which could (16) (to result) in the giving of a
formal warning.
Sickness. Before dismissing an employee for long-term sickness absence, the
employer should investigate the current medical position by either sending the employee
to a company nominated doctor or by obtaining a report from the employee’s own
doctor. If this reveals that the employee will be unable to return to work within a
reasonable period of time it may be fair for the employer (17) (to dismiss). What is
“reasonable” in this context will depend on the nature of the business and the
employee’s position. For example, a small business will generally not be expected (18)
(to tolerate) as much sickness absence as might a larger organization. However, before
carrying out the dismissal, the employer should (19) (to consult) with the employee
regarding the likelihood of the employee returning to work, the employer’s intention to
dismiss and any alternatives to dismissal (e.g. it may be possible for the employee (20)
(to return) on a part-time basis or carry out different duties).
Exercise 9
Below are the opposite words to the adjectives found in Exercise 7.
Fill in the table with the adjectives from the text above.
1.
fair
2.
incorrect
3.
inappropriate
4.
unimportant
5.
informal
6.
able
7.
oral
8.
trivial
9.
similar
10.
unreasonable
11.
satisfactory
12.
ineligeble
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Exercise 10
Find the correspondent word in the text to complete a phrase and give the
translation to the phrase:
Phrase
Translation
1. to handle …
2. on the … that
3. a claim for … dismissal
4. a … warning
5. any … to dismissal
6. to obtain a report
7. no specific … requirement
8. the following stages to a … procedure
9. to constitute … misconduct
10. advance … of the disciplinary hearing
11. to achieve the … standards
12. to give reasonable …
13. the … of the business
14. to follow a …
15. long-term … absence
Exercise 11
Translate the following sentences into Russian:
1. She decided to launch proceedings for unfair dismissal against her former
employer.
2. You may claim for unfair dismissal if your actions were the result of
provocation.
3. After winning a case for unfair dismissal, she went on to become an
employment lawyer.
4. One type of "extraordinary" worker who can receive work visas under the
Immigration Act of 1990 includes outstanding professors and researchers; members of
the profession holding advance degrees; entrepeneurs who invest at least 1 million and
create at leat 10 new jobs.
5. The principle factor that draw illegal immigrants to the country is the
availability of jobs and the higher pay scales.
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6. Contracts can be implied from oral statements by managers and supervisors.
7. Early English law established that in the absence of a contract, an employee
was hired for a year at a time.
8. The laws governing employer/employee relationships are based on the
traditional laws of master/servant.
9. Older workers beyond the traditional retirement age are protected from age
discrimination because there is no upper age limit to the Age Discrimination in
Employment Act.
10. When a job requirement presents an adverse impact on minority populations,
the requirement can be defended if it is a business necessity.
Exercise 12
Work with the Russian employment legislation and answer the questions:
1. What reasons and on what grounds can an employer fire an employee in
Russia?
2. Does an employee possess limited or unlimited rights?
3. Which laws govern the employer’s rights?
4. What does the Employment law provide for?
5. What would you have to be in order to have a wrongful termination?
6. What types of discrimination can be found in Russia?
7. Are there any illegal causes for discrimination?
8. What may employers who have violated employees’ rights pursuant to
discrimination be required to do?
9. What is the employee entitled to recover in case of discrimination?
10. When can an employer be required to pay damages?
Exercise 13
Define the following in your own words:
Arbitration ________________________________________________________
Bargaining ________________________________________________________
Dismissal _________________________________________________________
Harassment ________________________________________________________
Mediation _________________________________________________________
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Bullying __________________________________________________________
Workload _________________________________________________________
Strike ____________________________________________________________
Exercise 14
Think and justify your answer regarding the below mentioned categories of
employees form the point of view of their being protected or not by the Russian
Employment legislation.
Protected
Not protected
1.
Employees with disabilities
2.
Alcoholism
3.
Illegal migrants
4.
Smokers
5.
Religious practices
6.
Employees over age 40
7.
Illegal drug use
8.
Pregnant employees
9.
Employees in the military
10.
Morbid obesity
11.
HIV disease
12.
Mental disease
13.
Sexual orientation
14.
Compulsive gambling
15.
Cancer
Exercise 15
Decide whether the following cases may be considered as harassment. What
would you do in such kind of a situation?
1. You’ve hired a new waitress, Amanda, who is young, attractive and single.
Your other waiter, Ted, also single, has asked her out on a date.
Should you intervene? /_/ Yes — This is harassment. /_/ No — Leave them alone.
2. Amanda said no but Ted asked her out again. Still, no one is complaining.
Is this harassment? /_/ Yes — This is harassment. /_/ No — Leave them alone.
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