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

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