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

1 attend a managers' meeting

2 contact the employment tribunal personally

3 inform the management about the status of the case

4 send an email with the requested document

5 discuss the case with the dismissed employee

6 write an exact account of the circumstances leading to the dismissal

2. 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

Listening 2

Lawyers often advise their clients how to avoid claims arising from work-related disputes,

such as the one discussed in Reading 3, by informing them of potential risks.

In the following interview, a lawyer (Ms Brewer] tells her clients (Mr and Mrs Howard],

who are business owners and employers, about the liability risk associated with drug

testing in the workplace.

1. Listen to the interview and decide whether these statements are true or false.

1 Mr Howard says that the drug problem at his company is affecting business.

2 Ms Brewer informs her clients that the issue of employee drug testing is an unsettled area of the law.

3 If they dismiss a worker on the basis of a drug test that reveals the worker has taken drugs, Mr and Mrs Howard risk being sued for infringing employees' rights.

4 Ms Brewer points out that under certain circumstances, the courts have decided that employers were entitled to dismiss an employee for work-related drug use.

5 Ms Brewer recommends laying off the workers suspected of consuming illegal drugs in the workplace.

Employer’s responsibility

Look at this list of responsibilities a company should have for its employees. Then look at the notes about the company RJW Ltd on the next page. For each note, decide which responsibility is being ignored or abused. In some cases, there is more than one possible answer.

A. A company should not discriminate on the grounds of gender, race, class, religion, disability, etc, when it comes to recruiting staff.

B. A company should ensure that its employees are proportionally representative of the community in which it is based.

C. A company should ensure that working hours are reasonable and that employees receive regular breaks.

D. A company should ensure that its employees receive regular paid annual leave (and also maternity and compassionate leave when required).

E. A company should provide equal pay for work of equal value.

F. A company should pay a sustainable living wage to all of its employees.

G. A company should provide adequate child-care facilities.

H. A company should ensure that there is no physical, sexual or verbal harassment or abuse of workers.

I. A company should ensure that health and safety rules are applied and closely followed.

J. A company should not force its employees to have regular health checks, and then use the results to dismiss the employee.

K. A company should not dismiss an employee on the grounds of pregnancy.

L. A company should allow its employees to organise or join workers' organisations that represent their interests.

M. A company should have a grievance procedure that is easy to understand and open to all

employees.

N. A company should provide adequate compensation for accidents and injuries sustained on its premises.

O. A company should not dismiss or otherwise penalise an employee who refuses to work overtime.

P. A company should not dismiss or otherwise penalise employees for failing to reach production targets.

Q. A company should not use indentured, forced or slave labour, or employ anyone under duress.

R. A company should ensure that an employee is dismissed as a last resort only, and only after verbal and written warnings.

1. Several factory floor workers have been fired or had their wages reduced for refusing to stay and work late when needed.

2. Production manager Laurence Bailey broke his wrist when some unsecured panels fell on it. He is trying to get money out of the company for his injuries. 'You're not getting a penny out of this company,' his boss tells him. 'It's your problem, not ours'

3. Andrew Kelly is thinking of starting a union for the workers at RJW Ltd. The Company Director warns him that if he does, he will regretfully have to 'let him go'.

4. Manager Maureen Blake is always patting her male PA's backside and telling him he has 'a wonderful body'. He has complained several times, but nothing ever gets done about it.

5. Susie Roberts, a secretary for RJW Ltd, recently had a baby. She cannot afford a babysitter while she is at work, so the baby stays with her in the office.

6. RJW Ltd have their main office on the edge of an economically-deprived area predominantly inhabited by people of West Indian origin. The company prefers to hire white, male, middle class employees.

7. RJW Ltd has regular, compulsory medical check-ups for its employees. The company nurse believes that one of the workers, Charlie Higson, drinks a lot when off duty. She reports this to Charlie's manager, who then dismisses him.

8. Ron Smith and Emma Addams are sales executives for RJW Ltd. They both have the same qualifications and the same experience. Mr Smith receives £40,000 a year and Mrs Addams receives £34,000 a year.

9. Office assistant Tony White thinks his boss treats him badly. He wants to complain, but has no idea how to go about doing so. Nobody else seems to know what he should do either.

10. Factory-floor workers at RJW Ltd find it difficult to make ends meet. The cost of living is rising all the time, and the money they receive has not kept up with the rate of inflation.

11. Canteen assistant Anne Watkins oversleeps one morning and is two hours late for work. She has worked for RJW Ltd for 6 months and has never been late before. The canteen manager sacks her the moment she arrives.

12. Ellie McKenzie, a machine operator for RJW Ltd, works 12 hours a day with only 20 minutes for lunch.

13. Six months ago the company advanced one of its employees some money. When the employee became ill and was unable to pay back the money, the company insisted on using his children to work to pay off his debt.

14. Delivery driver Michael Blair is exhausted: he hasn't had a holiday for two years. The company says it cannot afford to give him the time off work.

15. Production assistant Richard Mann slipped on some oil on the factory floor, fell headlong through a glass panel, caught his arm in some unguarded machinery and was electrocuted by some exposed electrical wires.

16. Factory-floor workers have been told that a new quota system has been put in place: anyone who does not satisfy this quota will have their salaries reduced.

17. Accountant Audrey Jensen is delighted because she's just discovered she's going to have a baby. Her boss is not so happy: 'Sorry Audrey, you're fired,' he says.

Date: 2015-12-11; view: 1486