DPSI 05/04/2014 Roleplay!

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English Law 2009!
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CONTEXT: A volunteer at a high street law centre is advising a worker whose job may be in
jeopardy due to possible redundancy.!
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Volunteer:!
Hello. Im one of the legal advice caseworkers. My specialty is in employment law matters. // I
know already that youre here regarding some aspect of your current job.!
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Worker:!
Thats correct. I still work for my current employer, but I dont know how long it will last.!
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Volunteer:!
Okay. Just let me have the basic details to start with. // Type of work, length of service and so on,
including of course whatever the particular problem is with your employer.!
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Worker:!
Yes, I work as a fork-lift truck operator for a small company producing furniture, employing in total
about 20 workers. // I work in the warehouse. I have been here for 2 years. The job is good and I
definitely would like to keep it.!
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Volunteer:!
I understand that. Lets concentrate then, I think, on the difficulty youre having. // Tell me about
that please. I understand that youre thirty-eight years of age?!
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Worker:!
Thats right. Well, I have always worked in this specific place. // Its been two years, but recently my
boss started to talk about moving me to another place located about 30 miles away, somewhere
near the airport.!
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Volunteer:!
Is there any particular reason for this? Shortage of people at the other site perhaps, or does he
secretly want to get rid of you?!
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Worker:!
To be honest, I think that he actually wants to move me there because there are some vacancies
there, as nobody wants to work at that site. // The real reason is that the number of commissions
dropped where I work now. // I have to admit it has been pretty quiet lately.!
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Volunteer:!
I see. Well, you may have to move you know. The economic situation is tough just now. // If there
really is no work where you are you may have to consider it just to keep a job.!
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Worker:!
I understand, really and in a sense what you are saying seems to be reasonable. // However, if this
warehouse has always been my place of work, I cant be moved just like that. // Instead, shouldt I
qualify for a redundancy payment and start looking for a new job?!
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Volunteer:!
Well, you may. But bear in mind, please, that that will depend on a number of important factors, for
example the content of your employment contract.!
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Worker:!
Im afraid I didnt take it with me. I remember though that my boss mentioned once, that my
contract had been written in a way that would make me work wherever my employers wants me to,
that I have no specific place of work assigned. // I would be grateful if you could clarify that for me.!
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WHISPERED INTERPRETING!
Volunteer:!
Well, its like this. If there really is not enough work at your present site, then there are two options
open to your employer. He could consider you redundant, in which case you would qualify for a
redundancy payment based on length of service.He might on the other hand, as is the case here,
try to move you to another site where he does have sufficient work, and things go on as before. It
seems to me that you favour the first option. The answer should lie in the wording of your contract.
If, as your boss says, it contains a mobility clause requiring you to move, say in the event of a
downturn in work, then he may have a good case. But dont forget the interpretation of such a
clause will be a matter for a court of law if you decide to contest the issue. I would expect that your
contract refers to the employees place of work; that is the usual expression in these cases. If your
contract states that your place of work is anywhere your boss wants to send you, he can take the
view that the contract means what it says. It would be claimed in your favour however, that it
doesnt really make a great deal of sense to identify YOUR place of work in such a way, since you
have always worked where you are now and no other locations have ever been suggested to you.
The courts, you see, try to interpreter these clauses as reasonably as possible so as not to cause
undue harshness to someone like yourself. Most people may be surprised to hear that a
contractual term can be interpreted in such a way, but bear in mind that it frequently happens that
job and place of work descriptions do not tell anything like the whole story of ones employment
situation. The courts are of course generally mindful of the literal interpretation of contactual terms,
but where employment contracts are concerned, adjudicators are conscious of a need for a more
flexible approach.!
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CONSECUTIVE INTERPRETING!
Worker:!
Thank you for explaining this. I think I understood everything. // So youre saying that although my
employment contract may say that I have to move whenever my boss tells me to go, there is a
chance I wont have to do that.!
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Volunteer:!
Well, possible so, though its not that simple. A number of factors need to be taken into account
first. // For example, have you attempted to discuss or negotiate the issue with your boss? Could
any compromise at all be reached?!
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Worker:!
Of course we spoke about this, but it always ended in an argument. We have never managed to
talk calmly about the matter. // I have to admit that each time my boss mentions the case, I get
pretty upset.!
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Volunteer:!
That is exactly the sort of thing I mean, you see. // If you wish adjudicators to take a reasonable
view of the case, you yourself must have also acted reasonably. It only makes sense.!
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Worker:!
Well, yes, you are right. I have to admit I have never considered moving to a different location
seriously. // I think it doesnt have to be such a bad solution. Im having second thoughts now.!
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Volunteer:!
Much will depend too on the actual content of your contract. // If the wording is pretty clear as to
mobility, with minimal room for interpretation, then obviously it will be much more difficult to resist a
move.!
Worker:!
Yes. Apart from that, I have no idea how much of a redundancy pay I would get if I get fired. // Do
you know anything about that?!
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Volunteer:!
Well, the rate is calculated according to an employees age and length of service and is subject to
statutory limits. // It generally amounts to a weeks pay for each year of service. Not an enormous
amount Im afraid, in your case.!
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Worker:!
No. I understand what you mean. In fact, I can gain nothing. I have to think it over. // I am really
happy I came to see you. The whole case may not be with the effort.!
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Volunteer:!
We also spoke of the law. Please bear in mind that if the matter were to be litigated at any stage
there is absolutely no telling in advance how it might turn out. // Take the view always that in court
of law things can go either way.!
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Worker:!
I think that after what you told me, I will keep away from the law. // Anyway, the though about
working at another location seems better now. // Honestly, thank you ver much for your advice.!
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