English for social workers I session 10 Miljen Matijašević E-mail: miljen.matijasevic@gmail.com Office: G10, room 6 (1st floor) Tue, 11:30-12:30

Today’s session Revision of the last session Employment Social Policy Employment Dispute Resolution Social Policy

Revision of the last session Employment

Explain/translate the following terms minimum wage to abuse confidential information sick pay holiday entitlement redundancy payment collective agreement pension scheme remuneration

Explain/translate the following terms minimalni dohodak zloupotrijebiti povjerljive informacije naknada za bolovanje pravo na godišnji odmor otpremnina kolektivni ugovor plan uplate mirovinskih doprinosa plaća

Discuss these concepts and provide examples direct discrimination indirect discrimination associative discrimination perceptive discrimination harrassment summary dismissal

Translate into English radno vrijeme otkazati ugovor o radu otkazni rok rodiljni dopust sindikat prekid radnog odnosa teška povreda obveze iz radnog odnosa zabrana diskriminacije

Translate into English working hours to resign / to dismiss an employee / terminate an employment contract notice period maternity (parental) leave trade/labour union termination of employment gross misconduct non-discrimination

Employment Dispute Resolution

Employment Dispute Resolution Disputes can arise between employees and employer for various reasons. They may be resolved or lead to termination of employment. Discuss possible reasons for employment disputes initiated by the employee. What about the employer?

Employment Dispute Resolution Disputes arise from dissatisfaction, underperformance, or misconduct Provide examples to explain the above causes of disputes!

Employment Dispute Resolution informal methods of dispute resolution employee and employer discuss the issue(s) formal methods of dispute resolution internal procedures external procedures

Employment Dispute Resolution formal methods of dispute resolution internal grievance (filed by the employee with a designated body/officer for handling employee grievances) disciplinary procedure (initiated by the employer against the employer following underperformance or misconduct) external filing a claim (lawsuit) in a court of law

Filing an employment claim common grounds for a claim breach of employment contract discrimination unfair or wrongful dismissal dismissal for unlawful reasons (e.g. discrimination) failure to observe procedure (e.g. no notice period, failure to provide redundancy pay) constructive dismissal lawsuit available following a resignation used in cases when employee was forced to resign due to a breach of contract by the employer

Filing an employment claim most common remedies in employment claims compensation (damages) reinstatement returning the employee to the same position re-engagement finding alternative employment with the same employer

Employment Dispute Resolution Discuss the advantages and disadvantages of informal methods of employment dispute resolution. What about the formal internal methods? What advantages do they have over informal or external methods?

Case study Employment

Eweida v British Airways Plc FACTS Nadia Eweida from Twickenham near London is employed as a member of check-in staff with British Airways (BA). She is a practicing Coptic Christian and likes to display her religious affiliation by wearing a small silver cross on a necklace. From 20 May to 20 September 2006 she attended work wearing the cross and refused to conceal it even though BA’s uniform policy specifically prohibited the wearing of visible items of jewellery to its check-in staff. The dress code did not make an exception for items displaying a symbol of faith. Eweida was not dismissed, but on 20 September she was sent home and remained on unpaid leave until February 2007, when a new uniformy policy entered into force, allowing the wearing of a faith or charity symbol.

Eweida v British Airways Plc Eweida brought a number of claims against BA, including claims under the Employment Equality (Religion or Belief) Regulations 2003 of direct and indirect discrimination and harassment. Do you think she should win the case? Remember what you learned about direct and indirect discrimination, and harrasment.

Eweida v British Airways Plc DECISION Ms. Eweida’s claims were dismissed. It was not established that Ms. Eweida was treated less favourably than other employees on the grounds of her religion. All employees regardless of their religious affiliation, if any, were expected to abide by the same rules. As concerns her claims of indirect discrimination, the tribunal held that the rule did not put Christians at a particular disadvantage in comparison to others. No proof was submitted of any unreasonable and unwanted conduct by BA which would substantiate the claim of harassment. All the defendant company did was enforce its uniform policy, which was not found by the tribunal to be discriminatory.

Eweida v British Airways Plc DECISION Eweida appealed with two appellate instances in the UK her appeal was dismissed by both courts (Employment Appeals Tribunal, Court of Appeal) she filed an application with the European Court of Human Rights against the UK she claimed a violation of Article 9 of the European Convention of Human Rights

Article 9 of the ECHR Freedom of thought, conscience and religion Everyone has the right to freedom of thought, conscience and religion; this right includes freedom to change his religion or belief and freedom, either alone or in community with others and in public or private, to manifest his religion or belief, in worship, teaching, practice and observance. Freedom to manifest one’s religion or beliefs shall be subject only to such limitations as are prescribed by law and are necessary in a democratic society in the interests of public safety, for the protection of public order, health or morals, or for the protection of the rights and freedoms of others.

Eweida v the United Kingdom DECISION the Court found in favour of Eweida’s claim violation of Article 9 was established the Court said that ‘BA had not struck a fair balance between Ms Eweida’s religious beliefs and the company’s wish to “project a certain corporate image”.’

Social Policy

Social Policy The term used to refer to: Government policies for welfare and social protection Ways in which welfare is developed in a society Academic study of the subject It is an interdisciplinary area which involves issues dealt with in sociology, social work, psychology, economics, political science, management, history, philosophy and law

Social Policy Definition by the Department of Social Policy of the LSE: „an interdisciplinary and applied subject concerned with the analysis of societies' responses to social need”

Social Policy In practice, social policy is concerned with: policy and administrative practice in social services (health care, social security, education, employment services, housing management), social problems (crime, disability, unemployment, mental health, learning disability, old age), issues relating to social disadvantage (race, gender, poverty)

What is social policy? Read the text on p.23

Welfare Two main meanings of the term: Well-being of people Range of services provided to protect people in certain conditions (childhood, sickness, old age, unemployment, etc.) *in the US the term ‘welfare’ refers mainly to financial assistance provided to the poor, disabled, unemployed, etc. – negative connotations!

Social Security (Minimum Standards) Convention 1952 by ILO International Labour Organisation (a UN body) defined traditional situations to which the society should respond What do you think those are?

Social Security (Minimum Standards) Convention 1952 by ILO (1/2) Survival beyond a prescribed age, to be covered by old age pensions; The loss of support suffered by a widow or child as the result of the death of the breadwinner (survivor’s benefit); Responsibility for the maintenance of children (family benefit); The treatment of any morbid condition (including pregnancy), whatever its cause (medical care); A suspension of earnings due to pregnancy and confinement and their consequences (maternity benefit);

Social Security (Minimum Standards) Convention 1952 by ILO (2/2) A suspension of earnings due to an inability to obtain suitable employment for protected persons who are capable of, and available for, work (unemployment benefits); A suspension of earnings due to an incapacity for work resulting from a morbid condition (sickness leave benefit); A permanent or persistent inability to engage in any gainful activity (disability benefits); The costs and losses involved in medical care, sickness leave, invalidity and death of the breadwinner due to an occupational accident or disease (employment injuries).

Types of welfare - UK contributional (contributory) non-contributional (non-contributory) means-tested non-means-tested

Types of welfare - UK State Pension Housing Benefit Disability Living Allowance Pension Credit Income Support Rent Rebates Attendance Allowance Jobseeker’s Allowance Incapacity Benefit, etc.

Thank you for your attention!