WO toolkit 2012 complete.pdf - GMB

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SECTION 5.15 15. Is everyone entitled to paid holidays? The Working Time Regulations 1998 set down the minimum annual leave provisions for workers although some employers may provide more generous contractual holidays.From 1 August 2003 non mobile workers were entitled to these provisions and in 2005,mobile workers were also covered. Currently all workers covered by the Regulations are entitled to four weeks paid annual leave. From 1 October 2007,this minimum statutory holiday entitlement will increase to 4.8 weeks(24 days if you work a five day week)and then further increase to 5.6 weeks(28 days if you work a five day week) from 1 April 2009,pro-rata for those working part-time.This includes workers who are subject to the Road Transport Directive.Any employer already offering 28 days or more,need not make any changes. The amended entitlement to statutory annual leave is capped at 28 days,staff working six days a week will be entitled to 28 days from 1 October 2007. Bank and public holidays can count towards the 4.8/5.6 weeks,but workers and employers can agree longer holidays. Entitlement to statutory annual leave begins on the first day of employment,but for the first year of employment,an employer may restrict the rate at which staff take the leave. • The Working Time Regulations 1998 were amended in 2001 to take account of a European Court decision.The amendment allows employers the option of introducing an accrual system for the taking of leave for workers starting employment on or after 25 October 2001 but only during the first year of employment.Under such an accrual system,each month or part of a month of employment,workers are entitled to one-twelfth of the annual holiday.The amount of time that can be taken at any one time within the first year can be rounded up by up to half a day.So someone working five days a week who has worked for two months would be entitled to take 3 1 ⁄3 days and can round this up to take 3 1 ⁄2 days holiday. After the first year of employment,you can take your holiday entitlement at any time during the leave year,with your employers approval(see below).If when you leave your employment you have taken more leave than the proportion of the leave year that has past,your employer is entitled to recover or ‘clawback’this extra amount but only if there is a specific agreement in your contact.This might be,for example,by requiring you to pay back the additional holiday or by doing additional work. Before taking holidays,you must give your employer notice of at least twice the length of the holiday you want to take e.g.two weeks’notice to take one week’s holiday; six days’notice to take three days’ holiday.If the employer does not want you to take that holiday,they can give you counter-notice equal to the holiday e.g.counter-notice one week before you plan to take one week’s holiday; counter-notice three days before you take three days’holiday.If your employer has better procedures for deciding holidays,these can replace the system under the Regulations. If the employer wants you to take holiday at a given time e.g.a seasonal shut-down,they must give you notice of at least twice the length of the holiday.But there is no right for the worker to give counternotice to take that holiday at a different time. If you begin work during the leave year,you get the equivalent proportion of the 4.8/5.6 weeks’ entitlement.The same applies if you leave during the year. Four weeks’leave must be taken in each leave year.However,if both employer and worker agree,any unused additional holiday entitlement above the four week minimum can be carried over.However,this additional statutory leave can only be carried over into the following leave year.
SECTION 5.15 Payment can be given in lieu of the additional holiday(any entitlement over and above the four weeks) only until 1 April 2009,if both worker and employer agree.For statutory leave entitlement accruing after 1 April 2009,payment in lieu will not be permitted(although payment in lieu of any leave above the statutory entitlement could be allowed depending on the contract of employment). Making payments for statutory holiday entitlement through a system of rolled-up holiday pay is no longer lawful.Employees must now receive their holiday pay at the time leave is taken,rather than as an allowance spread over the holiday year. It may be that your contract gives you better rights or your holiday rights might be specified in a collective agreement.Within two months of the start of your employment your employer should give you written details of your terms and conditions of work.The written statement should include any terms relating to your entitlement to holidays,including public holidays and holiday pay. These written details must allow you to calculate precisely your holiday entitlement,including any entitlement to accrued holiday pay on termination of employment. An employee who takes holiday while in a statutory period of notice(one week for each <strong>complete</strong> year of service)should be paid during that period. Service related holidays are permitted by agreement provided that all staff receives the equivalent of 24 days from 1 October 2007 and then the equivalent of 28 days from 1 April 2009. <strong>GMB</strong> negotiates improved holiday rights for our members so check your contract and any existing collective agreements. REMEMBER: there may be more than one person affected by this issue. Consider calling a meeting to advise,recruit and organise.
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GMB WORKPLACE ORGANISERS TOOLKIT
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Acknowledgements: This toolkit has
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CONTENTS 1. Your role 1.1 Training
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WORKPLACE ORGANISERS TOOLKIT SECTIO
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SECTION 1.1 The course ends with GM
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SECTION 1.2 WHAT DOES A GMB WORKPLA
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SECTION 1.3 Non-recognised companie
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SECTION 2.1 ORGANISING YOUR WORKPLA
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SECTION 2.2
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SECTION 2.3 KEEPING MEMBERS UP TO D
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GMB@ PUTYOUREMPLOYER’S NAMEHERE P
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SECTION 2.4 USING YOUR WORKPLACE MA
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SECTION 2.4 WORKPLACE ADDRESS Depar
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SECTION 2.5 CONTACTING NEW STARTERS
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SECTION 2.6
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SECTION 2.6 MEMBERSHIP TRANSFER NOT
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SECTION 2.7 CAMPAIGNING We are best
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SECTION 2.8 HANDLING OBJECTIONS One
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SECTION 2.8 I’ve worked here for
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SECTION 2.9 GETTING HELP:BUILDING Y
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SECTION 2.10
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Page 56 and 57: SECTION 3.1 COLLECTIVE BARGAINING G
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Page 62 and 63: SECTION 4.1 REPRESENTING INDIVIDUAL
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Page 68 and 69: SECTION 4.3 DEALING WITH MEMBER’S
Page 70 and 71: SECTION 4.3 Keep careful notes You
Page 72 and 73: SECTION 4.3 REQUESTING A POSTPONEME
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Page 80 and 81: SECTION 4.5 APPEALS You should also
Page 82 and 83: SECTION 4.5 REQUEST FOR APPEAL HEAR
Page 86 and 87: SECTION 5 GROUP FIVE: DISCIPLINE AN
Page 88 and 89: SECTION 5 LIST OF STATUTORY AMOUNTS
Page 90 and 91: SECTION 5.2 2. What are the maximum
Page 92 and 93: SECTION 5.3 Exemptions Drivers of v
Page 94 and 95: SECTION 5.5 5. Am I entitled to hav
Page 96 and 97: SECTION 5.7 7. Can my employer char
Page 98 and 99: SECTION 5.9 9. What is a risk asses
Page 100 and 101: SECTION 5.11 11. Can my employer ch
Page 102 and 103: SECTION 5.13 13. Am I entitled to a
Page 106 and 107: SECTION 5.16 16. Am I entitled to b
Page 108 and 109: SECTION 5.18 GROUP THREE MATERNITY&
Page 110 and 111: SECTION 5.19 19. Can I get maternit
Page 112 and 113: SECTION 5.20 20. Am I protected fro
Page 114 and 115: SECTION 5.21 If you want to change
Page 116 and 117: SECTION 5.22 Your employer is oblig
Page 118 and 119: SECTION 5.24 24. What rights do I h
Page 120 and 121: SECTION 5.25 25. Can I take paid ad
Page 122 and 123: SECTION 5.26 While on paternity lea
Page 124 and 125: SECTION 5.27 You may be entitled to
Page 126 and 127: SECTION 5.28 • You are entitled t
Page 128 and 129: SECTION 5.30 30. How much sick pay
Page 130 and 131: SECTION 5.31 If your companion is n
Page 132 and 133: SECTION 5.32 Even if your employer
Page 134 and 135: SECTION 5.34 34. How much notice mu
Page 136 and 137: SECTION 5.35 If you are dismissed b
Page 138 and 139: SECTION 5.37 37. How much notice do
Page 140 and 141: SECTION 5.39 39. Who pays my redund
Page 142 and 143: SECTION 5.40 AGE (years) SERVICE (y
Page 144 and 145: SECTION 5.41 GROUP SEVEN UNION RIGH
Page 146 and 147: SECTION 5.43 43. Do workplace organ
Page 150 and 151: SECTION 6 ABOUT GMB Although it is
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SECTION 7.1
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SECTION 7.2 HEALTH AND SAFETY LAW-T
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SECTION 7.3 action to resolve them.
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SECTION 7.3 no action urgent commen
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SECTION 7.3 The questions on the pr
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SECTION 7.3
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SECTION 8 PENSIONS INFORMATION Pens
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SECTION 8 Carer’s Allowance-If yo
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SECTION 8 GOOD CONSULTATION PRACTIC
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EQUALITY THROUGH INCLUSION SECTION
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SECTION 17.2 Deaf and deaf “deaf
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SECTION 17.2 EQIA Section 75 of the
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SECTION 17.2 Harassment Unwanted be
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SECTION 17.2 Positive Action Action
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SECTION 17.2 Transsexual(or trans)p
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SECTION 17.3 EQUALITY LEGISLATION:A
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