TRANSCRIPTS
reasons: capability, conduct, redundancy, statutory illegality and some other substantial reason.’
Unit 9, Lesson 4, Exercise D 2.7
Extract 1 … Claiming unfair dismissal is the usual way a sacked employee will seek redress against an employer. The rules for claiming unfair dismissal are relatively straightforward as they’re laid down in various statutory provisions. However, there are a number of disadvantages. Firstly, you have to have at least one year’s continuous service with the same company in order to be able to claim unfair dismissal. It seems that sometimes employers take advantage of this and sack employees after they have worked for 11 months. Secondly, there is a cap on the amount of compensation you can claim in an employment tribunal. Thirdly, if you don’t belong to a union, you may need to employ an expensive barrister to present your case …
Extract 2
… erm, I think one big difference is wrongful dismissal. This is very important. It’s possible … we can see, how this is very important. So let’s look at the case of Sweet and … oh, sorry, that’s the wrong case, just a minute … right, so here are some differences between unfair and wrongful … er … you can see, I think, this difference… do you have any questions about this case? …
Extract 3
… Sometimes it is a good idea in cases of unfair or wrongful dismissal to employ a barrister. Usually, this is very expensive, but it is necessary, because a barrister will present your case in the best possible way. Also, a good barrister is important because under English law you have to make sure that the rights of both the employer and the employee are fully protected …
Extract 4
… Under section 98 of the Employment Rights Act 1996, there are six reasons under which an employee can be fairly dismissed. First of all there is conduct, or the way the employee behaves at work. Secondly, capability, which means the skills and qualifications the employee needs to carry out the job to the required standard. Thirdly, redundancy, where a company or organization closes down, for example, or where there is no
longer any work for the employee to do. Retirement is the next reason – where the employee reaches the normal retirement age. Then we have statutory restriction, where an employee would be breaking the law by continuing to perform the job. The final category is called ‘another substantial reason’. This has been defined as an overwhelming reason to dismiss an employee. An example might be where the employee has been given a prison sentence.
Unit 11, Lesson 2, Exercise B 2.8 Part 1
Good morning. My name is Dr Sara Smith and I’m a legal consultant. It’s a pleasure to be here today. I’m going to try and explain some of the external pressures on national legal systems, that is to say, I shall mainly be looking at international law and the way in which it can affect a country’s domestic laws.
External pressures come mainly from international law, and there are two main categories of international law – public and private. We will look at each one in turn to see its impact on domestic law. Finally, I’m going to talk a little about polygamy – that is, multiple marriages by one person at the same time, as an example of private international law in action.
Don’t misunderstand me, I don’t want to imply that these external pressures totally determine the way a country’s internal legal system operates. I wouldn’t go as far as Lord Denning, who, when talking about the influence of the European Union on the United Kingdom, said that European Union law is ‘like a tidal wave, bringing down our sea walls and flowing inland over our fields and houses.’
International law certainly doesn’t govern domestic law, in any country, but we will see that it has become much more important over the last one hundred years.
It is fair to say that, nowadays, domestic courts in most countries keep an eye on decisions that are made at an international level. However, to some degree, the same laws will be interpreted differently in different countries. International law exerts an influence on domestic law, then, and, not only that, but it also influences internal government policies at the same time.
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