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1. Employment law - how do you understand it?

2. What is the main function of this branch of law?

3. Does employment law protect employee or employer?

1. Employment Law entails contracts between employers and employees which are normally controlled by specific legis- lation. 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. Also, certain aspects of employment contracts are covered by Trade Union and Labour Relations Acts 1992.

2. 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 employ- ment. Employers are required to make reasonable adjustments in the place of work to accommodate disabled persons. However, cost may be taken into account when determining what is reasonable.

3. Matters related to termination of employment, such as unfair dismissal, discriminatory dismissal or redundancy dis-missal, are governed by the Employment Rights Act 1996. Also, certain aspects of termination of employment are governed by the Trade Union and Labour Relations Act 1992 when the deci- sion to terminate employment is in some way related to the activities of a trade union.

4. Employment law relates to the areas covered above, while labour law refers to the negotiation, collective bargaining and arbitration processes. Labour laws primarily deal with the rela- tionship between employers and trade unions. These laws grant employees the right to unionise and allow employers and employees to engage in certain activities (e.g. strikes, picketing, seeking injunctions, lockouts) so as to have their demands ful- filled.

5. Employment law can be found in a number of different sources. The main sources are the common law, legislation and European law. Other sources include codes of practice and reg- ulations, journal articles, the Internet and employment ency- clopedias can also be an invaluable source of information.

6. Employment law disputes are initially heard either in the County Court, High Court or in the Employment Tribunal. Whether the aggrieved party brings his claim in a court or tri- bunal will depend on the nature of the dispute. Claims con- cerning breach of contract, wrongful dismissal and applications for injunctions are brought in the courts. Claims involving unfair dismissal, discrimination, equal pay, redundancy pay, deductions of wages, and maternity rights are heard in the Employment Tribunal. In other words, claims involving breach of the common law or contract are brought in the courts and claims involving a breach of a statute are brought in the Employment Tribunal. The exception to this is that there are some claims for breach of contract that can be brought either in the courts or a tribunal.

7. Any appeal against the County Court's decision would be heard in the Court of Appeal and then the House of Lords. Any appeal from the Employment Tribunal would be heard in the Employment Appeal Tribunal, from there in the Court of Appeal and then the House of Lords. If the case involved a ques- tion of European law, it might be referred to the European Court of Justice. Decisions of the ECJ are binding on other courts/tribunals and form "precedents" for future cases, but the ECJ is not bound by its own previous decisions. The European Court of Human Rights hears cases made by either an individ- ual or a contracting state. Either applies stating that they believe themselves to have suffered due to a violation of the European Convention for the Protection of Human Rights and Fundamental Freedom, which

includes the right to respect for private and family life; the right to freedom of thought, con- science and religion; freedom of expression; freedom of assem- bly and association; prohibition of discrimination.

Задание 1

1. Match the words to form collocations as they appear in the text. Make your own sentences using these collocations.

1) specific a) rights

2) sex b) union

3) employment c) legislation

4) disabled d) process

5) trade e) discrimination

6) hiring f) adjustments

7) reasonable g) contract

8) discriminatory h) dismissal

9) collective i) persons

10) seeking f) bargaining

11) invaluable k) injunctions

12) aggrieved 1) pay

13) redundancy m) source

14) maternity n) party

Задание 2

2. Match the terms to their definitions.

1) enact a) the condition of being unable to perform a task or function because of a physical or mental impair- ment

2) disability b) adapt or do a favour for

3) adjustment c) having great value that is impossi- ble to calculate;priceless

4) accommodate d) an association of employees formed to improve their incomes and working conditions by collec- tive bargaining with the employer or employer organizations

5) trade union e) feeling resentment at having been treated unjustly

6) collective bargaining f) the act of adjusting or state of being adjusted

7) invaluable g) an enactment of a legislative body expressed in a formal document; a permanent rule made by a body or institution for the government of its internal affairs

8) aggrieved h) negotiation between one or more trade unions and one or more employers or an employers' organ- ization on the incomes and work- ing conditions of the employees

9) statute i) to make into an act or statute; to establish by law

Задание 3

3. Fill in the gaps with prepositions.

1. Employment law entails contracts... employers and employ- ees which are normally controlled ... specific legislation.

2. Some aspects ... employment contracts are covered ... Trade Union and Labour Relations Act.

3. Employers are required to make reasonable adjustments ... the place ... work to accommodate disabled persons.

4. Cost may be taken ... account when determining what is rea- sonable.

5. Matters related ... termination of employment are governed ... the Employment Rights Act 1996.

6. Claims concerning breach … contract, wrongful dismissal and applications ... injunctions are brought ... the courts.

7. The exception ... this is that there are some claims ... breach of contract that can be brought either ... the courts or a tri- bunal.

8. Any appeal ... the County Court's decision would be heard ... the Court of Appeal and then the House ... Lords.

Задание 4

4. Answer the following questions.

1. What do you understand by the phrase reasonable adjust- ments in paragraph 2?

2. What factors do you think might be taken into account when deciding if an adjustment is reasonable?

3. What does the phrase the nature of the dispute in paragraph 6 mean?

4. What steps would you advise an employer to take before rejecting an application from a well-qualified, but seriously disabled job applicant?