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Law has its origins in the early developments of civilized society, and through time there have been major influences on the laws that we follow today. Match these sources of law with the descriptions below.
Common Law Roman Law Napoleonic Code The 10 Commandments
1. …………., which evolved in the 8th century BC, was still largely a blend of custom and interpretation by magistrates of the will of the gods.
2. ………….. evolved from the tribal and local laws in England. It began with common customs, but over time it involved the courts in law-making that was responsive to changes in society. In this way, the Anglo-Norman rulers created a system of centralized courts that operated under a single set of laws that replaced the rules laid down by earlier societies.
3. …………. formed the basis of all Israelite legislation. They can also be found in the laws of other ancient peoples.
4. ………….. refers to the entire body of French law, contained in five codes dealing with civil, commercial, and criminal law.
CONCEPTS: PREJUDICE vs. DISCRIMINATION
Prejudice: 1. a. Anadverse judgment or opinion formed beforehand or without knowledge or examination of the facts; b. a preconceived preference or idea. 2. The act or state of holding unreasonable preconceived judgments or convictions. 3. Irrational suspicion or hatred of a particular group, race, or religion.
Discrimination: 1. the act of discriminating (to distinguish by discerning or exposing differences). 2. the quality or power of finely distinguishing. 3. a: the act, practice, or an instance of discriminating categorically rather than individually b: prejudiced or prejudicial outlook, action, or treatment as in racial discrimination.
Discussion:
1. What's the critical difference between prejudice and discrimination?
2. Do you believe all human beings are prejudiced?
3. Do Ukrainians have prejudices towards a certain group of people or idea?
4. What are you prejudiced about? Do you also discriminate? Answer honestly.
Some -isms to be aware of!
Give the definition for the following terms.
1. Ableism (You may not find this entry in your dictionary. Make a guess!)
2. Ageism 3. Classism 4. Heterosexism/Homophobia 5. Anti-Semitism 6. Racism 7. Sexism
These are related vocabulary you should know. One form of the word is given. Fill in the blanks with the missing forms. The first word is done for you.
| NOUN | VERB | ADJECTIVE |
| discrimination | to discriminate | discriminating, discriminatory |
| ethics | ------ | |
| to value | ||
| morality | ||
| to stereotype | ||
| categorical |
Discussion: Extreme Situation
Scenario: You are in a deserted island. There is a motor boat of your property and you are the only one who can drive it. So it's up to you to decide which people you are going to take with you in the boat. There is space for only you and three more people. Using the words above, discuss with your group who should be chosen. Here they are:
1. a criminal 2. a homosexual 3. a prostitute
4. a drug addict 5. an abortionist 6. a dying old man
MORAL RESPONSIBILITY vs. LEGAL RESPONSIBILITY
Bluebird bar Case. Around 5 p.m. one evening, a man and his wife entered the Bluebird Bar. The man, Jack, ordered a whiskey for himself and a cola for his wife, Gail. Jack continued to order the same drinks about every half hour.
At 11 pm., the bar owner refused to serve Jack any more drinks because Jack was extremely intoxicated and bothersome to other customers. Gail was used to Jack's behavior and didn't ask her husband to stop drinking.
"Are you driving home or should I call a taxi?" the bar owner asked Gail. Jack shouted, "Get out of my face!" I'm driving home and neither of you can stop me!" Jack then shoved the owner aside and walked out the door. The owner just shrugged his shoulders and walked off. Gail went to the pay phone in the corner to call her sister for a ride.
As Jack left the bar, a man walking by the bar shouted to him, "Hey buddy, call a taxi!" When Jack drove off, the man simply shook his heard and walked down the street.
Meanwhile, Jane and Carl were having a lover's quarrel in the next corner of the bar.
The quarrel soon escalated into a major fight and Carl struck Jane saying, "Don't ever tell me not to touch you again. I'll show you who's boss here!" At the point, Jane, crying hysterically and paying no attention at all to the traffic, ran into the street directly in front of Jack's car. Jack was not able to stop in time, and Jane was killed instantly.
Discussion Questions:
1. In your personal opinion, who is at fault here (or most at fault)?
2. According to the law, who is at fault? The law says the following:
Every person who is injured in person or property by any intoxicated person has a right of action for all damages actually sustained, severally or jointly, against any licensee or permitee who sold and served any beer, wine, or intoxicating liquor to the intoxicated person when the licensee or permitee knew or should have known the person was intoxicated. (Iowa Code § 123.92 Civil liability for sale and service of beer, wine, or intoxicating liquor).
3. Who should bear the moral responsibility?
4. How is moral and legal responsibility different? Which do you prefer?
BASIC TERMS
The following terms introduce you to the law and basic legal terminology. Find the definition for each term.
| authority lawyers govern judge rule legislation law enforcement agency lawyers legal action legal system tribunal court the judiciary |
1. …………: a body that is appointed to make a judgment or inquiry.
2. …………: a country's body of judges.
3. …………: an act or acts passed by a law-making body.
4. …………: behavior recognized by a community as binding or enforceable by authority.
5. …………: legal proceedings.
6. …………: an official body that has authority to try criminals, resolves disputes, or makes other legal decision.
7. …………: an organization responsible for enforcing the law, especially the police.
8. …………: a senior official in a court of law.
9. …………: the body or system of rules recognized by a community that is enforceable by established process.
10. …………: the control resulting from following a community's system of rules.
11. ………..: members of the legal profession.
12. ………..: to rule a society and control the behavior of its members.
13. ………..: term which refers to all professionals working in the legal profession; it does not refer to a specific job.
Match the following:
| 1. 2. 3. 4. | Forbid Govern Provide Punish | a. b. c. d. | modify and amend ensure observe, respect deny | 5. 6. 7. | Obey Deprive Review | e. f. g. | sentence regulate prohibit, ban |
Introduction to Civil Law
Civil Law aims to regulate relations between individuals or between individuals and organizations. There are many branches of civil law.
Match the subject areas in the box with the branches of law below. Think of examples of real life cases that would fall under each branch of civil law.
| agriculture civil rights divorce environmental law foreign relations law joint venture landlord-tenant pensions product liability property tax unfair competition |
| Areas | Branches | Example |
| Accident and Injury compensation and prevention | I | |
| Constitutional Law, Individual Rights | ||
| Employment Law | ||
| Enterprise Law | ||
| Family Law | ||
| Intellectual Property | ||
| International, Transnational, Comparative Law | ||
| Law relating to Commercial Transactions | ||
| Law relating to Particular Activities/Business Sectors | ||
| Property, Natural Resources, the Environment | ||
| Taxation |
UNIT I. EMPLOYMENT LAW.
READING:
Employment Law,
Introduction to Employment Law,
EU employment laws mean case bonanza,
Discrimination.
LISTENING:
Work vs. Job,
Types of employment,
Employer’s duty towards employee,
Employee’s duty,
Employment contract,
Wrongful and unfair dismissal,
Redundancy and retirement dismissal,
Remedies for wrongful or unfair dismissal,
An employment tribunalclaim,
Liability risks.
SPEAKING:
Agreeing and disagreeing,
Case discussion
WRITING:
Attachments and formality,
Advising on advantages and disadvantages in an email
GRAMMAR:
Gerund vs. Infinitive
Starter. 1. What do these quotations mean? Which do you agree with? Do you have any favourite quotations of your own?
Which quotations do you find relevant to today’s world or your own life? In what ways? Discuss with your partner and with your group.
Learn whatever you can, wherever you can, from whoever you can. I worked myself up from nothing to a state of extreme poverty.
G. Marx, US comedian
Man unlike any other thing organic or inorganic in the universe, grows beyond his work, walks up the stairs of his concepts, emerges ahead of his accomplishments.
John Steinbeck, “Grapes of Wrath”
Education is what survives when what has been learned has been forgotten.
Albert Einstein
I have always worshiped at the shrine of knowledge knowing that regardless of how much I study, read, travel, expose myself to enriching experiences, I still remain an intellectual pauper.
I not only use all the brains that I have, but all that I can borrow.
The empires of the future are the empires of the mind.
ARTICLE 43OF THE CONSTITUTION OF UKRAINE
ARTICLE 24OF THE CONSTITUTION OF UKRAINE
INTRODUCTION TO EMPLOYMENT LAW
Listening 1. What is the difference between work and job.
Pre-listening task.
Tobecome a highly- qualified professional everyone needs to get a good education and have a certificate about it. To have a successful career everyone is to have good skills and get valuable experience. Sometimes people are lucky to choose a job they enjoy the whole their lives, but we pity those who mistake their vocation.
Do you know the meaning of all the words in bold? Now explain the difference between the following pairs of words.
1. career and profession
2. vocation and job
3. certificate and qualification
4. skills and experience
5. work and job
Now, listen to the explanation Gareth Rees gives to Giuliana from Italy about the last pair of words. Is your explanation correct? Answer the questions Gareth Rees asks Giuliana.
Ex. 1. Work Compounds. Each work word in this exercise is a compound word – one word made out of two separate words. Make the twelve work terms by combining one word from the left-hand box with one word from the right-hand box.
| down work burn in- low flex labor- jury- blue- hard head green- | hat time intensive rig load carder out time hunter ball house collar |
| 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. | exhaustion of physical or emotional strength a construction worker describes work or projects carried on within an organization to give a customer a deceptively low price or cost estimate refers to industrial workers, especially semiskilled and unskilled labor period during which a machine or factory is shut down to put something together for temporary use the amount of work assigned for completion in a given time system in which employees can choose their working hours an alien granted permission to reside and work in the United States requiring a large labor force and small investment in capital goods agent specializing in recruitment of highly skilled workers or managers |
Reading 1. EMPLOYMENT LAW
Read the following text about Employment Law in European countries and Japan and complete the tasks after it and prepare a short report on:
- Employment Law in Great Britain;
- Employment Law in EC;
- Employment Law in Japan.
Employment law is a very large topic in which the principles of tort and contract have been greatly added to by specific legislation. The history of employment law really begins with the industrialization of Western countries in the 19th century. Before industrialization most people worked on the land or in some craft connected with agriculture. They tended to work for the same employer in the same place most of their life Employment rights depended upon paternalistic employers and informal agreements. Many employees were in a very weak position because part of their wages was paid in the form of food and accommodation. Although there were peasant movements which succeeded in improving conditions-over 1,000 of them in Tokugawa Japan, for example-few of them led to legislation or outlasted the protest in question.
Industrialization brought large numbers of workers together in the same workplace. Recognizing their strength in times of economic expansion and their weakness during depressions, they began to organize themselves more systematically than farm-workers. In response, governments began to see a need for legislation in order to standardize rights and conditions. Laws were passed to recognize and also limit the right of workers to strike. Other legislation dealt with health and safety in the workplace, and limits upon working hours and ages. Toward the end of the century, Germany and other countries developed systems of insurance to protect workers during sickness, unemployment and retirement.
The 20th century has seen a great increase in the detail of such legislation. Although employees' rights seem to have expanded during labor shortages (as in present-day Japan) and contracted in times of unemployment, there has been a steady increase in the areas of employment that the law has come to regulate. Most of the richer countries now have legislation which guarantees a minimum wage for all workers; prevents employees from being dismissed without some reason, period of advance notice, or compensation; and requires employers to give their employees a written statement of the main term of their employment contract. In the last twenty years, many countries have also passed laws to ensure that men and women are given equal opportunities to do the same work in the same conditions.
Employment rights
English law makes a clear distinction between employees and self-employed people. In general, employees have far more legal rights because they are thought to be in a weaker economic position than the self-employed. For example, the 1978 Employment Protection (Consolidation) Act requires that employees be given a written summary of their conditions of work; it provides that employees be given at least a week's notice if employment is to be ended; and it gives employees the right to compensation if they are dismissed unfairly or made redundant (dismissed because there is no longer any suitable work). This same Act also gives women the right to time off in order to have a baby and the right to return to work within a certain period after having the baby. The application of these rights, however, depends upon the circumstances of employment. For example, people who work part-time (under 16 hours a week) have little protection. Men over 65 and women over 60 are not entitled to compensation for redundancy. The Unfair Dismissal Tribunal sometimes rules that it is fair for an employer to dismiss a sick employee, especially if the employer is a small business. And companies employing fewer than five people do not have to re-employ a woman who leaves to have a baby.
Other English legislation, such as the 1970 Equal Pay Act, the 1976 Race Relations Act, and the 1975 and 1986 Sex Discrimination Acts, attempts to ensure equality of opportunity for employees and job applicants whatever their race or sex. People complaining of discrimination have the right to take their case to an industrial tribunal. Julie Hayward, a cook at a shipyard in Scotland, claimed that it was unfair that male painters, engineers and carpenters at her workplace were paid more than she was. Since the Equal Pay Act requires equal pay for work of equal value, the industrial tribunal carried out a job evaluation survey. The case was finally decided in her favor by the House of Lords. Mrs. Ursula Hurley won her claim against unfair dismissal after her employer dismissed her because he thought a woman should stay at home to look after her young children. A male worker won his claim that he should not have to work in a very dirty part of a factory because women were not required to work there.
EC employment law
EC law sometimes gives better protection to employees than English law. When Ms. Helen Marshall claimed that she should not have been made to retire from her job at age 62 since male employees were allowed to continue until they were 65, she lost her case at an industrial tribunal which argued that EC law did not prevent member countries from having different retirement ages for men and women. But the European Court ruled that although different ages for receiving retirement pension were legal, it was not legal for a member state to force women to retire from work earlier than men.
Since there is supposed to be a single labor market in the EC there have been many attempts to harmonize employment rights among member states. One of the many questions still to be agreed on is whether there should be a standard minimum wage. Supporters argue that low-paid workers would be better protected if all employers had to pay a minimum hourly rate. But opponents say that this would put too much pressure on small businesses and discourage them from creating new jobs.
Sunday trading is another issue dividing the EC. Although many European countries allow businesses to open every day of the week, the 1950 Shops Act limits Sunday trading in Britain-partly for religious reasons, and partly to ensure that shop-workers get at least one day's holiday a week. But the rules are complicated and out of date. Stores can sell whiskey, for example, but not coffee; magazines but not books; lightbulbs for cars but not for houses. Some fish and chip shops can sell many kinds of takeaway food on Sundays, but not fish and chips. B and Q, a large D-I-Y business, has claimed that the 1950 Act restricts imports from other EC countries and, therefore, breaks Article 30 of the Treaty of Rome.
The right to strike was one of the first employment rights to be recognized by law, yet the specific rules have varied from time to time and country to country. Since the 1984 Trade Union Act, all strikes in Britain must be supported by a majority vote of the workers in a secret ballot. Technically, strike action still constitutes a breach of an employee's contract of employment. Indeed in 1976 when Grunwick, a London film-processing firm, dismissed all its striking workers, the workers lost their claim in an industrial tribunal for unfair dismissal. However, employers are unlikely to dismiss worker who are all backed by a trade union. When Britain had a high record of strikes in the 1970s, it was sometimes said that there were too many different unions inside each company-one to represent each kind of job. Recently there has been a trend towards adopting single-union agreements whether it is legal for an employer to decide which union a worker is to join.
Comparison with Japan
There are fewer employment laws in Japan than in many Western countries. Few workers are given clear job descriptions or written contracts and it is unusual for an employee to take legal action against his employer. The main law about sexual discrimination simply asks employers to make efforts to reduce discrimination, without imposing clear duties or penalties. However, as in other aspects of Japanese society, it is not clear if the low level of legal activity necessarily means that employees have fewer rights. It certainly seems to be the case that workers have to work very long hours and often do not ask for overtime payment. Despite the current labor shortage, which has encouraged employers to hire women to do more responsible and better paid work than before, very few women enjoy equal employment opportunities. In addition, many jobs remain closed to workers of non-Japanese origin, even those who have lived all their lives in Japan. On the other hand, Japanese workers enjoy more security than many employees in western countries. Once hired, they are unlikely to be dismissed. Insurance benefits and recreational facilities are usually made available to them by their companies, and many workers are able to live in big cities only because their employers provide low-cost accommodation for them. One legal development in Japan which has yet to spread to western countries is law suits against the employers of workers who had died of karoushi- nota specific accident in the workplace or industrial-related disease, but general stress brought about by overwork. In 1992, the widow of a Mitsui Company employee was awarded ¥30 million in compensation after a court learned that her husband had been spending 103 days a year away from home on stressful business trips before his sudden death.
Post-reading tasks:
1. List eight employee rights which have developed in industrialized countries.
2. True or false?
a) Small companies in Britain need not rehire an employee who leaves to have a baby.
b) EC law is of no benefit to workers in Britain.
c) All EC workers have minimum wage laws.
d) Striking workers cannot bedismissed in Britain if a majority of them have agreed to the strike in a secret vote.
3. What disadvantages do many Japanese workers face?
4. What benefits do many Japanese workers enjoy?
5. Choose the best answer:
1. Before the industrialization most people worked on
a) the factory
b) the land
c) on the land and some craft connected with agriculture
2. Employment rights depended upon
a) formal agreements
b) strict father morality
c) employers and informal agreements
3. Governments began to see the need for legislation in order
a) to recognize the rights of farm workers
b) to standardize rights and conditions
c) to limit working hours and ages
4. English law makes a clear distinction between
a) workers and farmers
b) employees and self-employed people
c) men and women
5. People complaining of discrimination have the right
a) to take their cases to the Appellate Court
b) to take their cases to the Crown Court
c) to take their cases to the Industrial Tribunal
6. Finish the following sentences:
a) EC Law didn’t prevent member countries from…..
b) Employment Protection (Consolidation) Act requires that…..
c) Sex Discrimination Act attempts to ensure…..
d) Unfair Dismissal Tribunal sometimes rules…..
e) European Court ruled that although different ages for receiving retirement pension were legal…..
f) Shops Act limits Sunday trading in Britain partly for…..
g) When Britain had a high record of strikes in 1970s, it was sometimes said that there were …..
Listening 2. Listen to the lecture on types of employment and answer the following questions.
a) What are the two types of employment?
b) What are the methods to differentiate types of employment?
c) What are the advantages of being an employee?
Reading 2. INTRODUCTION TO EMPLOYMENT LAW.
Key vocabulary: employment; recruitment; dismissal; sex discrimination; disability; to be construed as discriminatory; marital status; genuine occupational qualification (GOQ); reasonable adjustments; holiday entitlement; termination of employment; unfair dismissal; redundancy; trade union; labour union; employment tribunal; collective bargaining; arbitration process.
Read the text quickly, then match each of these headings (a-g) with the paragraph (1-7) to which it best corresponds.
a) Termination of employment
b) Employment tribunals
c) Terms of employment
d) Employment legislation
e) Labour law
f) Protecting the disabled
g) Recruitment
This text provides an introduction to concepts related to employment law and recruitment, including factors to be taken into account when drawing up employment contracts, when dismissing employees and when resolving disputes.
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, disability, health and safety, and employee rights in general. Also, certain aspects of employment contracts are covered by the Trade Union and Labour Relations Act 1992.
In the recruiting process, employers must take into consideration that it is unlawful to discriminate between applicants for employment on the basis of gender, marital status, color, 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 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. However, cost may be taken into account when determining what is reasonable.
After the employee is hired, protection is provided generally under the Employment Rights Act 1996. In particular, this Act requires the employer to provide the employee with a document containing the terms and conditions of employment. The statement must include the following: identities of the parties, the date of employment, a statement of whether there has been continuation of employment, the amount and frequency of pay, hours of work, holiday entitlement, job title and work location.
Matters related to termination of employment, such as unfair dismissal, discriminatory dismissal or redundancy ((US) layoff) dismissal, are governed by the Trade Union and Labour Relations Act 1992 when the decision to terminate employment is in some way related to the activities of a trade union ((US) labour union).
The protections mentioned above are 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.
Employment law relates to the areas covered above, while labour law ((US) labor law) refers to the negotiation, collective bargaining and arbitration process. Labour laws primarily deal with the relationship between employers and trade unions. These laws grant employees the right to unionize and allow employers and employees to engage in certain activities (e.g. strikes, picketing, seeking injunctions, lockouts) so as to have their demands fulfilled.
Ex. 2. Match these 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. |
Ex. 3. Answer these questions.
1. What does the phrase construed as discriminatory mean? What do you think would be involved in proving that a job advertisement could be construed as discriminatory?
2. What do you understand by the phrase reasonable adjustments? What factors do you think might be taken into account when deciding if an adjustment is reasonable?
3. What do you think compensation for (...) injured feelings refers to? What kinds of work-related situations do you think could result in such a claim for compensation?
Ex. 4. Match the words to form collocations as they appear in Reading 1.
| 1. sex 2. marital 3. ethnic 4. holiday 5. unfair | a. origins b. dismissal c. discrimination d. status e. entitlement |
Ex. 5. What laws govern employment in your jurisdiction? Do they regulate the same areas (sex discrimination, race relations, disability, health and safety, and employee rights in general) that the UK laws regulate?
Language use 1.
Ex. 1. Look at the title and read the first paragraph of the text. What do you think case bonanza means? Why will there be a case bonanza?
Ex. 2. Read the first two paragraphs. What does each of the three planned directives deal with?
EU EMPLOYMENT LAWS MEAN CASE BONANZA
Employment lawyers will soon experience a major boom in work after the European Commission last month published plans to outlaw discrimination in the workplace on the basis of age, religion and sexual orientation. At present, UK domestic legislation only allows for claims against employers on the grounds of race, sex and disability. The proposed directive would also cover, inter alia, discrimination based on age and religion.
Further directives are also planned. A second one would deal with outlawing discrimination on the grounds of race and ethnicity more generally, while a third envisages a 'programme of action', providing practical support and funding for education on race-discrimination issues and for groups which target race discrimination.
Once passed, the directives would place a deadline on transposition into the national laws of the member states and might allow people to bring claims against governments and other state employers, such as local councils.
The directives would add to a large number of other European measures already enshrined in UK law, such as those covering maximum working hours and entitlement to parental leave, which were enacted last year, and have led to a huge growth in work for employment practitioners. It is only since the Amsterdam Treaty was passed last summer that European lawmakers have had the ability to introduce anti-discrimination legislation on any basis other than sex.
David Cockburn, the former chairman of the Law Society's Employment Law committee, said: 'The whole discrimination industry will take off in the next four or five years because of so much legislation in the pipeline: He said advising employers on how to avoid claims and increased awareness amongst the public of their rights would give rise to more work for solicitors. Mr. Cockburn added that the scope of discrimination would also be opened up by a broader definition of indirect discrimination in the directive, which would 'remove any artificial hurdles claimants currently have to cross'.
Elizabeth Adams, chair of the Employment Lawyers Association's international committee, said the directives would mean 'more legislation for employers to tackle, more claims and more work for lawyers' as well as a 'simpler route for claimants'.
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