Employment law
International labour standards, workplace disputes, mediation and professional advice
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Lead-in
Link employment advice to the jurisdiction, to everyday workplace practice and to international standards.
Discuss with a partner.
- What kinds of situations does an employment lawyer advise on?
- How might employment law differ between jurisdictions?
- Why should a lawyer be aware of international employment law?
Show suggested answers
- Recruitment, contracts, pay, leave, equality, discipline, dismissal, redundancy, collective relations, health and safety, data and workplace disputes.
- Definitions, procedures, remedies, institutions, collective rights and minimum standards may differ.
- Businesses operate across borders, employees move between states and international standards may influence national rules and corporate policies.
Name the jurisdiction before giving a precise legal rule.
Reading 1: international labour and employment law
Read for how national law, international standards and everyday legal work fit together.
First-paragraph questions
- Why is international employment law changing?
- When and why might a country ratify a convention?
- What is the main foundation for many labour-law conventions?
International labour law and employment law
The field of international labour law and employment law is developing rapidly and changing to fit the needs of increasingly global business. While international law applies only between entities that can claim international personality, national law regulates the conduct of individuals and other legal entities within a jurisdiction.
When a country’s labour legislation has reached a certain level, it may be desirable to ratify a convention providing a corresponding international standard. Many international labour conventions are based on social justice and create obligations for ratifying states. Ratification can help consolidate national legislation and guard against standards being weakened in response to economic conditions.
Lawyers increasingly need a global perspective on labour and employment law. Corporate lawyers may handle employment issues when structuring transactions, establishing a facility, hiring a workforce, drafting contracts, terminating or replacing employees, providing wages and benefits, dealing with unions, making workforce reductions, selling a business and arranging severance, redundancy, dismissal or pension schemes. Discrimination may arise in advertising, recruitment and selection.
Show answers and reading notes
- It is adapting to increasingly global business.
- A state may ratify after national law reaches a suitable level, to adopt a corresponding international standard.
- Social justice.
Ratification creates obligations for the state under the relevant international framework; implementation and domestic effect require jurisdiction-specific analysis.
Useful distinctions before you advise
- Employee and worker: legal status may determine which rights apply. The labels used by the parties are not always conclusive.
- Contractual term and workplace policy: a contractual term is part of the agreement. A policy may guide practice without always having contractual force.
- Dismissal and redundancy: dismissal is the ending of employment by the employer. Redundancy is a particular reason connected with the role or business need, not simply poor conduct.
- Misconduct and capability: misconduct concerns behaviour. Capability concerns whether the person can perform the role to the required standard.
Reading 2: ILO conventions
Read the source language closely, and keep these study extracts separate from current legal advice.
How to unpack formal provisions
- Find the legal actor: who has the duty, permission or right?
- Underline the operative verb: shall, may, must, is entitled to, is prohibited from.
- Identify the action and any protected person or object.
- Box qualifications such as subject to, provided that, unless and notwithstanding.
- Check definitions, cross-references and the relevant jurisdiction before stating the effect.
For example, The authority may authorise work subject to safeguards gives a discretion, not an automatic entitlement. The safeguards limit how that discretion may be exercised.
Discuss.
- What is the difference between an Act and a convention?
- Where do you find an article, and where do you find a section?
- What concerns do the eight core conventions cover, and how might they appear in national law?
Show suggested answers
An Act is domestic legislation enacted by a legislature. A convention is an international agreement that may bind ratifying states under international law. Articles commonly divide treaties and conventions; sections commonly divide statutes, though drafting practice varies. The listed conventions concern association, bargaining, discrimination, remuneration, forced labour, minimum age and related fundamental workplace protections. Domestic implementation differs.
Workers’ and employers’ organisations shall have the right to draw up their constitutions and rules, elect representatives, organise administration and formulate programmes. Public authorities shall refrain from interference restricting the lawful exercise thereof.
Workers shall enjoy adequate protection against acts of anti-union discrimination in respect of employment. Protection applies where dismissal or prejudice occurs by reason of union membership or activity without the employer’s consent.
Notwithstanding the provisions of this Article, the authority may, after consultation, where such organisations exist, authorise employment or work subject to safeguards.
Each member which ratifies this Convention undertakes to suppress forced or compulsory labour in all its forms within the shortest possible period. With a view to complete suppression, recourse to forced or compulsory labour may be had, during a transitional period, only for public purposes and as an exceptional measure, subject to the conditions and guarantees hereinafter provided.
Speaking 1: mediation
Explain what you do professionally, then practise an opening mediation session.
Explain your work or an imagined legal role.
Use: The important thing about…, We must be…, What we do is…, A basic part of our training is…, This means we can….
Show a model
What we do is help parties understand their options and manage disputes. The important thing is to remain accurate and impartial. A basic part of our training is learning to identify interests as well as stated positions. This means we can help parties explore workable outcomes without promising settlement.
You manage a construction project. Your team member submitted a late, poor-quality report, became defensive and says you discriminate because he is gay.
You had asked for a report by last week. Errors caused further work. You criticised the performance, but deny discrimination.
Set ground rules, hear both accounts, identify issues and agree the next stage.
Show mediator route and language
- Explain confidentiality, impartiality and turn-taking.
- Hear each account without deciding who is right.
- Reflect the performance concern and discrimination concern neutrally.
- Separate positions from interests, identify evidence and agree next steps.
Useful language: First, we are going to…; What do you expect from this process?; Have I understood correctly that…?
Writing: advice on mediation
Turn a client’s short request into an organised, carefully worded reply.
Mr Bennett’s request
A difficult workplace situation involving two key employees is disrupting the team. Mr Bennett is considering mediation and asks Miss James to explain the process, give her view, recommend a mediator and say whether she could mediate.
Language for a careful professional opinion
Known fact: The correspondence records three complaints. Client’s account: You have informed us that… Allegation: It is alleged that… Preliminary view: On the information currently available, there may be… Next step: We recommend obtaining…
Avoid turning an allegation into a fact. Avoid promising an outcome. State what information is missing and what should happen next.
Show a model letter
Dear Mr Bennett,
With reference to your letter of 4 February, I agree that mediation may be an appropriate way to address the difficulties between the two employees, provided that both are willing to participate.
Briefly, the mediator would meet the parties, clarify the issues and help them identify interests and possible outcomes. The mediator does not normally impose a decision. Depending on the circumstances, separate meetings may also be useful.
I recommend Ms Patel, an experienced workplace mediator. I could alternatively conduct the mediation, subject to a conflict check and agreement on the arrangements. I attach a short note describing the process and likely preparation.
Please let me know whether you would like me to contact Ms Patel or discuss the matter further.
Yours sincerely,
Miss James
Speaking 2: workplace advice
Ask questions, use the new vocabulary, then sum up your partner’s view.
Five client messages
- My employer may not be complying with health and safety rules. What should I do?
- I was dismissed for allegedly selling trade secrets. The allegation is untrue. What should I do?
- Could you send recent case studies on unfair dismissal?
- What should a new employee know about discrimination?
- Can you recommend training on employment law and employee rights?
Show short lawyer replies
- Preserve evidence, use safe internal reporting routes and obtain urgent advice if anyone faces immediate danger.
- Request the reasons and evidence, preserve communications, observe appeal deadlines and avoid disclosing confidential material.
- Clarify the jurisdiction and date range before selecting current authorities.
- Explain protected grounds, equal treatment, reporting procedures and the applicable policy and law.
- Identify audience, risks and desired outcomes before recommending a provider.
Clear procedures, misconduct, capability, investigation, hearing, proportionality, appeal and sanctions.
Definition, tribunal or arbitration, remedies, evidence, confidentiality, redundancy and representation.
State the topic, main position, strongest reason and conclusion in your own words.
Vocabulary and drafting workshop
Build precise employment-law vocabulary, then put it to work in real workplace documents.
Core employment-law vocabulary
| Term | Working meaning and common language |
|---|---|
| grievance | A concern or complaint raised by an employee. raise, investigate, uphold or reject a grievance |
| disciplinary action | Formal employer action concerning alleged misconduct. initiate proceedings, issue a warning, impose a sanction |
| capability | An employee’s ability to perform the role, which may involve skill, qualifications or health. address a capability concern |
| misconduct | Behaviour said to breach a rule or expected standard. allege, investigate or establish misconduct |
| redundancy | A situation usually connected with reduced need for a role or type of work. a genuine redundancy situation, consult on proposed redundancies |
| notice | Advance communication that employment will end, or the relevant period. give notice, work a notice period, pay in lieu of notice |
| protected characteristic | A personal characteristic protected by applicable equality law. The precise list is jurisdiction-specific. |
| reasonable adjustment | A change intended to remove or reduce a workplace disadvantage where the applicable law requires it. |
| collective bargaining | Negotiation between an employer and worker representatives. recognise a union, negotiate a collective agreement |
| remedy | A legal response available after a breach is established. seek, award or obtain a remedy |
Precision note: close, but not interchangeable
- Terminate is a broad verb for bringing employment to an end. Dismiss normally refers to termination by the employer. Resign refers to the employee ending the relationship.
- Wages often means payment linked to hours or work done. Salary usually means regular annual remuneration. Remuneration is the broader formal term and may include benefits.
- Harassment, bullying and discrimination may overlap in ordinary conversation, but they are not automatically the same legal claim.
- Consultation seeks and considers views before a decision. Negotiation seeks agreement. Notification communicates information.
Writing product 1: internal HR case note
A team leader reports that Lina has missed three deadlines. Lina says her workload increased after a colleague left and that she asked twice for support. No formal performance objectives have been issued.
- Separate confirmed facts from reported information.
- Identify missing documents and questions.
- Explain fair next steps without deciding the outcome.
- Use a neutral heading and concise bullet points.
Show model HR case note and analysis
Matter: Lina, reported performance concerns
Information currently available: The team leader reports that Lina has missed three deadlines. Lina states that her workload increased after a colleague’s departure and that she requested support on two occasions. No formal performance objectives have yet been identified.
Points requiring clarification: The relevant deadlines, instructions and quality standards should be confirmed. HR should obtain workload records, Lina’s requests for support, the manager’s responses and any applicable performance policy. It should also clarify whether health, disability or another protected issue may be relevant.
Recommended next steps: Meet Lina to explain the concerns and hear her response. Review workload and support, agree clear and reasonable objectives, record the discussion and set a review date. Any later formal action should follow the applicable contract, policy and law.
Why it works: The note attributes disputed statements, identifies evidential gaps and recommends a process rather than prejudging the result.
Writing product 2: advice email to a manager
Marcus wants to dismiss an employee immediately after a customer complaint. Write 180 to 230 words. Acknowledge the commercial concern, explain why an investigation and response are needed, request evidence and recommend an immediate next step.
Show model advice email and language notes
Subject: Customer complaint and proposed dismissal
Dear Marcus,
Thank you for your message. I understand that the complaint is serious and that you are concerned about the customer relationship. However, the complaint should not be treated as established fact before the employee has had an opportunity to respond.
I recommend preserving the customer’s written complaint, relevant messages, transaction records and any available witness accounts. Please also send me the employee’s contract, the disciplinary policy and details of any earlier related concerns. The employee should be informed of the substance of the allegation and invited to a meeting after reasonable preparation time. The meeting should be conducted with an open mind and a clear record should be kept.
If an immediate workplace risk exists, a temporary measure may need to be considered, but it should not be presented as a finding of guilt. The appropriate next step and any possible sanction will depend on the evidence, the employee’s response and the applicable procedure and law.
Please call me before taking a final decision.
Kind regards,
Legal adviser
Language note: should not be treated as established fact protects the distinction between an allegation and a finding. May need to be considered signals a possible option rather than a predetermined action.
Exam practice
Work out what the reference words point back to, then advise a new business in speech and writing.
National procedures are available for employment disputes, ranging from court proceedings to tribunals. (1) The adverse publicity may cause disruption and psychological effects. (2) Frequently, companies resolve cases without first considering economic, political and emotional cost.
(3) An existing employee may argue that supervisory personnel harassed them. A former employee may contend that termination was discriminatory. (4) Decisions may redefine the employment relationship. (5) They may express fear about finding new work.
(6) When employment has ended or a worker claims against an employer, it is generally in both parties’ interests to attempt early resolution through mediation. Mediation can address mixed legal, factual and emotional issues. (7)
Sentence bank
- Because of this, disputes based on gender perceptions can be more difficult to resolve.
- Each step of the process leads to the next.
- All employees need to be aware of complications arising from alternative methods.
- It can provide a cost-effective and mutually satisfying way to negotiate what are otherwise difficult disputes.
- Disputes between a company and its employees can arise in difficult situations.
- However, one of the most damaging controversies is a dispute with an employee.
- Employment disputes grow out of relationships.
- The person may believe that employment was wrongfully terminated and that the termination was unfair or without good cause.
Speaking: Part 3
A client has started a business and wants advice on hiring staff. Discuss avoiding discrimination in advertising, checking references and CVs, and what to include in contracts.
Show a model advice plan
Use objective job criteria and inclusive advertising; record decisions consistently; obtain consent and follow applicable data rules when checking references; verify material qualifications; and provide clear written terms covering role, pay, hours, leave, probation, confidentiality, notice, policies and dispute routes. Current local requirements must be checked.
Writing: Part 1
Carl Posner has started a business and asks for advice on clear disciplinary procedures, legal options when an employee is underperforming, and the time and cost involved. Write a professional reply.
Show a model reply
Dear Mr Posner,
Thank you for your letter. Clear disciplinary procedures are important because they help managers respond consistently, give employees notice of concerns and create a reliable record of decisions.
I suggest adopting a written procedure covering investigation, notification, a meeting, the employee’s opportunity to respond, proportionate outcomes and an appeal. Managers should distinguish misconduct from capability. Where performance is the concern, clear standards, support, review periods and documented feedback may be appropriate before further action.
The time and cost will depend on the complexity of the case, the evidence and the applicable law. I recommend an initial meeting to review your proposed policy and employment documents. Please send any draft procedures and contracts in advance.
Yours sincerely,
Mr Tims
Teacher’s answer key
Extensive answers, acceptable alternatives and teaching notes.
Chapter 3 answer key
Open questions and professional judgement
- Lead-inAccept jurisdiction-aware examples covering the employment relationship from recruitment to termination. Ask students to distinguish legal duties, contractual terms, policy and good practice.
- Acts and conventionsAn Act is domestic legislation; a convention is an international agreement. Article and section usage varies, but treaties commonly use articles and statutes commonly use sections. Ratification, incorporation and direct effect must not be treated as identical.
- MediationA sound route establishes process and impartiality, hears accounts, identifies issues and interests, tests options and records any agreement. The mediator facilitates rather than decides. Confidentiality and enforceability depend on the applicable framework.
- Employment adviceReward careful issue spotting, evidence preservation, procedural fairness, deadlines and neutral language. Penalise guarantees, public accusations and invented statutory rights.
- WritingAssess audience, purpose, paragraphing, distinction between fact and allegation, modal precision, practical next steps and an appropriate close. Professional clarity matters more than ornate legal vocabulary.
Common Legal English repairs
- advice is uncountable; use a piece of advice.
- evidence is normally uncountable and commonly takes a singular verb.
- Use dismiss an employee, terminate employment, bring a claim, comply with a rule, be in breach of a duty.
- Distinguish misconduct from capability, and redundancy from dismissal for personal fault.
- Use may, appears, alleges, on the information available while facts remain disputed.
Training material based on teacher-supplied pages. Verify current law, convention status and domestic implementation.