1. English for social workers I session 10
Miljen Matijašević
Office: G10, room 6 (1st floor)
Tue, 11:30-12:30

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

3. Revision of the last session
Employment

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

5. 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

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

7. 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

8. 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

9. Employment Dispute Resolution

10. 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?

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

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

13. 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

14. 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

15. 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

16. 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?

17. Case study
Employment

18. 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.

19. 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.

20. 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.

21. 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

22. 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.

23. 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”.’

24. Social Policy

25. 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

26. 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”

27. 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)

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

29. 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!

30. 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?

31. 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);

32. 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).

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

34. 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.

35. Thank you for your attention!