Making and shaping the law - citizED制作成型法citized.doc

Employment and consumer rights and responsibilitiesBy Tony ThorpeProduced by citizED(a project of the Training Development Agency)Spring 2008More information about the series of Briefing Papers for Trainee Teachers can be found at Briefing Paper for Trainee TeachersOf Citizenship EducationEmployment and consumer rights and responsibilitiesBackground: The study of the rights and responsibilities of consumers, employers and employees is part of the citizenship programme of study for key stage 4. The terms are not specifically mentioned in the key stage 3 guidance - although they can easily be taught under the more general reference to the legal rights and responsibilities of citizens (3a).Arguably, consumer and employment rights and responsibilities are amongst the most relevant and practical areas of the citizenship curriculum. All students are likely to buy (and sell) goods and services, and most will be engaged in employment for the greater part of their lives.Understanding their rights and responsibilities in these areas can help students to:a) recognise the law-related nature of everyday activities that they currently engage in, eg shopping and part-time workb) become more aware of some of the pitfalls associated with these areas (and therefore reduce the likelihood of them happening to themselves), andc) deal with specific problems when they do occur; either through taking action themselves or by seeking help and guidance from others.The study of employment and buying and selling goods can give students a useful insight in to the way in which the law works in general. It can help students to understand the distinction between civil and criminal law, to identify the relevant facts of a case, and to understand in general terms the meaning of a contract. The acquisition of practical knowledge of this kind is also a useful way of raising students self-esteem, by helping them feel that they have some competence in area traditionally regarded as too complex for the lay person. Employment and consumer-related issues are not, however, entirely law-related. Both topics provide useful links to other aspects of citizenship education. These include questions related to financial capability, fair trade, the environment, and taking political action on issues of unfairness and injustice.Knowledge: What do we want students to learn? Guidance available in the KS4 Programme of Study is not particularly specific, referring in range and content to the rights and responsibilities of consumers, employers and employees (3k), with an explanatory note indicating that this should include the role of the individual in the economy and the right to representation in the workplace.Broader guidance is given in the sections on key concepts and processes, with reference to: Weighing up what is fair and unfair and exploring the role of law in maintaining order and resolving conflict (1.1b). Exploring different kinds of rights and obligations (1.2a) Investigating ways in which rights can compete and conflict (1.2c)I would suggest that the important knowledge and understanding for students on consumer rights and responsibilities concerns a simple understanding of the contract that takes place when consumer goods and services are bought and sold, along with some key aspects of the Sale of Goods Act 1979. Although contracts can be very complicated, and are a specialist area of law, many students are able to understand the contractual basis of consumer transactions, and through this, the nature of the legal obligations undertaken by the buyer and seller. This knowledge and understanding is particularly useful in helping them understand when goods can and cannot be exchanged, and who is liable to provide a refund in the event of the goods or service being faulty or unsatisfactory in some other way.The Sale of Goods 1979 (which keeps its title, although it has been amended several times) sets out three conditions that should be met by the retailer in selling goods. These are that goods should be of satisfactory quality be fit for all their intended purposes, and match the description.A similar test applies to the sale of services, but the three tests above do not apply in quite the same way to second-hand goods sold privately or through a trader.Knowledge of the Sale of Goods Act is a useful tool for students in dealing with certain everyday situations and in understanding how the law applies in real life.The legal rights and responsibilities of employment cover a wider area. They too include the principal of contract, and also questions of discrimination, pay (including the minimum wage), health and safety, dismissal, trade unions and maternity and family rights. It is also useful for students to understand something of the law surrounding child employment and that the employment rights and responsibilities of part-time workers are now the same as their full-time counterparts.This list may appear rather daunting, particularly to the non-specialist citizenship teacher, but I would suggest that the required knowledge for students is at a relatively low level. For example, students should be aware that discrimination on grounds of sex, race, disability, religion, sexuality, and age is now generally unlawful (there are some permitted exceptions). They should also understand what action is available to those who believe they have suffered unfair discrimination at work and how successful cases are likely to be resolved. Similarly, students should also be aware of the protection available for employees against unfair dismissal, and again how the law deals with cases of this kind.Students should understand that employers have a responsibility to ensure that employees receive at least their minimum legal rights regarding pay, maternity and paternity leave, maternity pay and other family rights,. They should also be aware of the nature and role of trade unions and the right of employees to belong (and not to belong) to a trade union.Again, the points that students should understand about contracts are also at a relatively simple level. They need to know that a contract is an agreement between the employer and employee setting out the arrangements for work, such as pay, hours, holidays, the kind of work that is required, and the notice that must be given when the employment comes to an end. Students should understand that it should be in writing and that employers are required to give workers a written statement of this within one month of starting work. An important corollary of this is for students to understand that an employment contract is the key point of reference in the event of a dispute. It is the wording of the contract that may determine whether an employer or employees action is acceptable.Finally, I would argue that it is important, particularly in KS3, for students (and their parents) to be aware of some of the law-related aspects of the employment of children and young people in part-time work. It is also an area in which the local authorities, and possibly schools, have some involvement, but one where there law is widely disregarded.Skills: In addressing questions related to employment and consumer rights and responsibilities, students are likely to: Question and reflect on different ideas (2.1a) Evaluate different viewpoints (2.1d) Explain their viewpoint (2.2b) Present a convincing argument (2.2c) Negotiate, decide on and take action to try to influence others . (2.3c) Reflect on the progress they have made (2.3e)Student resourcesUnderstanding Citizenship, Books 1-3, second edition Tony Thorpe, Hodder Murray Citizenship Studies Tony Thorpe & David Marsh, Hodder MurrayYour rights and responsibilities, Vol 1 & 2, Don Rowe & Tony Thorpe, Evans BrothersYoung Citizens Passport, Hodder MurrayYCPonline, Hodder MurrayIan, please feel free to add details of any further materials that you feel cover these issues in an acceptable way. Teacher resourcesThe New Penguin Guide to the Law, John Pritchard, Penguin 2004The Daily Telegraph Everyday Law, Aviva Golden, HarperCollins 2003 UK Law and Your Rights for Dummies, Liz Barclay, Wiley 2006 Directgov.uk, a public information website produced by the Department for Work and Pensions, with information on many subjects, include employment rights and responsibilities, .uk.BBC Consumer Guides provide a lot of information on consumer law: www.bbc.co.uk/consumer/guides_to/law_index.shtmlCurriculum focus: Citizenship: Year 9 Goals: 1. Key concepts1.1b: weighing up what is fair and unfair in different situations1.2a: exploring different kinds of rights and obligations, and how these affect both individuals and communities.1.2b understanding that individuals, organisations and governments have responsibilities to ensure that rights are balanced, supported and protected1.2c investigating ways in which rights can compete and conflict2. Key processes2.1a question and reflect on different ideas, opinions, assumptions, beliefs and values when exploring topical and controversial issues and problems (2.1a)2.1d evaluate different viewpoints, exploring connections 2.2b explain their viewpoint, drawing conclusions from what they have learnt through research, discussion and actions 2.2c present a convincing argument that takes account of, and represents, different viewpoints, to try to persuade others to think again 2.3c negotiate, decide on and take action to try to influence others 2.3e reflect on the progress they have made 3. Range and content3a legal rights in a range of contexts from local to global3k the right and responsibilities of consumers, employers and employees1. Consumer and employment rights and responsibilities may be taught in a number of different contexts. These include the following.a) As part of course that focuses primarily on giving students a basic understanding of the law-related issues outlined above. This includes citizenship courses with a strong element of lifeskills, and also Citizenship Studies GCSE, where these points are required understanding.b) Alternatively, the content may also have relevance to those courses where the key topics are not labelled consumer law or employment. Cases on employment discrimination, for example, fit well into more general themes of equality, fairness or justice. Racial discrimination at work is an important part of any more general investigation into racism. Discrimination and unfair dismissal cases, held in employment tribunals, are interesting additions (or alternatives) to the more traditional magistrates and Crown court visits or reconstructions as mock trials. Similarly, the small claims procedure (available for settling consumer disputes up to the value of 5,000) is also something that can be replicated in class.Employment issues can also be used as a way of helping students understand something of the impact of the European Union on UK law. In Britain, the rights of part-time workers, the length of the working day, age and sex discrimination and the right of a person not to be turned down for work because of their sexuality have all been shaped by EU law.c) As already indicated, there is a wider, international dimension to these themes. The rights and responsibilities of consumers, employers and employees are also of relevance in the contexts of inequality, globalisation, and the protection of the environment. Questions here surround the responsibilities of consumers to buy or not to buy items produced by an arguably exploited workforce; the impact of consumer pressure on social change, consumer rights and responsibilities and the environment, and the benefits and drawbacks of the non-unionised, low wage, possibly part-time, workforce.2. Amongst the many different types of classroom activity that can be developed for these themes are those built, in some way, around case studies.A case study may act as a starter activity, introducing students to a new set of issues or questions; as a reinforcement activity, requiring the application of knowledge and understanding recently acquired; and as an activity with a slightly wider agenda, perhaps to address conflicting rights, shortcomings in the law, or the working of judicial process.Case studies also offer some scope with the tasks or questions that students may be asked to complete. For example, students may be asked: What is the law that applies in these circumstances? What is the evidence in this case that either supports or refutes unfair discrimination, dismissal etc? What is the key fact in the case that determined your decision? What was the significance of the applicants sex, race, disability etc? How should the (successful) applicant be compensated? Was the tribunals decision fair?It is also possible to ask students to match a number of outcomes, eg an unsuccessful application, and compensation awards of 500 or 5,000, with the same number of cases.Probably the best source of case studies is the BBC News site - with clear up-to-date information and, quite often, with cases reported at different stages. Two other good sources of employment law cases are a) the legal firm Thompsons, www.thompsons.law.co.uk, for accidents at work and b) the British employment law site, emplaw, www.emplaw.co.uk. A wide range of consumer information is on the Consumer Education site, .uk.3. There is a great deal of information from which one might select examples to use - and the key factor here is probably the selecting the most appropriate consumer or employment issue in order to make the best use of the limited time that is available.One way of starting some work on consumer law is to use an important case that came to court in 1932. As one might expect, there was then much less protection in law for the consumer than there is today. However, a person who bought something that proved to be faulty was able in principle to obtain their money back on grounds of contract. They could also obtain damages in the event of incurring an injury from using the faulty product; but this not extend to others who might have suffered as a result. For example, in 1908 a case was heard involving a clergyman who had bought a hot water bottle that subsequently leaked, causing his wife (but not him) to suffer serious burns on her legs. However, the clergymans wife was unable to obtain compensation for her injuries because she had no contractual relationship with either the seller or the manufacturer of the hot water bottle.This situation changed in 1932, following the case of May Donoghue. The court report is summarised in legal textbooks as Donoghue v Stevenson (1932). The facts of the case are as follows.On the evening of 26 August 1928, May Donoghue and her friend walked into a small teashop in the town of Paisley, near Glasgow. After they had sat down, Mr Minchella, the caf owner, came over to ask what they would like to eat. Mays friend ordered pears and ice-cream for herself, and a ginger beer and ice-cream for May.A few minutes later, Mr Minchella brought Mays ice-cream and a dark glass bottle of Stevensons ginger beer. He opened the bottle in front of May, and poured some of the fizzy drink over the ice-cream.May took a drink, and her friend began to refill the glass. As she was pouring out the rest of the ginger beer, May saw what she believed to be the remains of a snail.May was shocked at the thought of what she had drunk and soon began to feel very ill. She called the doctor, and with bad stomach pains and gastro enteritis, May went to hospital at the Glasgow Royal Infirmary. Mrs Donoghue recovered from her illness and took her case to court, suing the makers of the ginger beer for damages, claiming that it was their duty to make sure that snails didnt get into the bottles of pop that they produced.4. One way of beginning this exercise is to go through the above account with students and to ask them to identify or highlight the important facts of the case. These may include the following: that Mays friend ordered a ginger beer and ice-cream for May. May drank the beer the ginger beer contained the remains of a snail May was ill as a result of drinking the beer the ginger beer was poured from a dark glass bottle until it was served, the bottle was unopened Now ask students who was responsible for the injury suffered by May. Was it a) May herself, b) Mays friend who bought the beer, c) Mr Minchella, the caf owner, or d) Stevensons, the manufacturers of the ginger beer?Most students are likely to select option d), and as they do so, push them towards explaining exactly why they hold this view.Now ask them to suggest what would happen if such an event occurred today. What action should be taken, and who should take it? Amongst the answers you receive, you may like to select three particular strands. These are as follows. Firstly, that May is probably entitled to compensation for the injuries she suffered as a result of drinking the contaminated ginger beer. You may like to ask students to indicate from the text exactly what harm May did (and did not) suffer, and on what basis her compensation might be calculated.Secondly, although it is not a large sum - Mays friend is entitled to a refund on any money she paid Mr Minchella for Mays ice cream and ginger beer. Why? Because the goods were not of satisfactory quality. It is appropriate here to introduce the idea of contract: that is, when Mays friend asked Mr Minche