WO toolkit 2012 complete.pdf - GMB

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SECTION 5.16 16. Am I entitled to bank holidays? Only bank workers themselves are entitled to bank holidays.For all other workers there is no automatic right to take bank or public holidays as paid or unpaid leave,or to take time off in lieu. Any right to do so depends on the terms of your contract. There may be express terms in your contract giving you a right to time off on some or all bank and public holidays. There may also be terms implied by custom and practice. In some industries it is common for the entire workplace to be shut down between Christmas and New Year.In others there may be a shut down for two weeks over that period and for two weeks in the summer,so that all workers take holidays at the same time.In this case your contract may specifically state that you can only take holidays during shutdowns. If your employer does allow you to take paid time off on bank holidays,they can count these as part of the mimimum 4.8/5.6 weeks holiday under the Amended Working Time Regulations.For someone working a five day-week who is entitled to a minimum of 24/28 days this means that eight of them can be taken up by bank holidays. However,as result of pressure from <strong>GMB</strong> and other unions,the government is increasing the minimum statutory holiday entitlement under the Working Time Regulations to make sure that all workers benefit from the eight bank holidays each year. Although the amended law does not specify that those extra days have to be taken on bank holidays,it will mean that workers who currently lose out will get the minimum four weeks on top of statutory holidays. The new rules are to be phased in; From 1 October 2007,the minimum leave entitlement will increase to 4.8 weeks and then 5.6 weeks from 1 April 2009.Whether or not this additional leave is taken on a bank holiday is up to individual employers to agree with their workers. <strong>GMB</strong> policy is that bank holidays should be separate from the 20 days annual holiday under the working time regulations.The government has now changed the law to reflect this. REMEMBER: there may be more than one person affected by this issue. Consider calling a meeting to advise,recruit and organise.
SECTION 5.17 17. What are my rights as a part-time employee? Part-time workers have the same statutory rights as full-time workers.For example,they are entitled to redundancy payments and protection against unfair dismissal; maternity and sickness rights; written particulars of terms of employment;time off; suspension and lay-off payments; protection against unlawful deductions from pay and against discrimination on grounds of sex or marital status, race,disability,sexual orientation and religion or belief.As with full-time employees,some of these rights are only acquired after a period of continuous service.Part-time workers are also entitled to be paid for all hours spent up to the equivalent hours paid for and to full time workers when attending approved union training courses. The law also tackles discrimination against part time workers in contractual terms.Unless the employer can objectively justify less favourable treatment,part-timers are entitled: • to the same hourly pay; • to the same hourly rate of overtime,once they have worked the normal full time hours; • to entitlement to leave on a pro rata basis–annual,sickness,maternity/paternity and parental; • to the same access to occupational pension schemes; • to participate in profit sharing or share option schemes; • to be entitled to benefits such as subsidised mortgages and staff discounts; • not to be excluded from training or promotional opportunities; • to be treated no less favourably in the case of career breaks; • to be treated no less favourably in redundancy situations; as their full time equivalents. An employee or a worker must therefore find a comparator employed or working on broadly similar work and who works under the same type of contract at the same establishment.If you change from a full time to a part time contract,the comparison can be made with your own previous full time conditions.If there is no appropriate full time comparator at the establishment,you can widen to scope to include another establishment of the same employer. Employers should review as a matter of best practice the employment and career structure of part time workers; to consider extending part time working and job sharing and to consult with worker representatives on arrangements for part time working. If a part time employee considers s/he has been less favourably treated on grounds of working part time,they will be entitled to a statement of reasons for such treatment.The employer must provide this within 21 days.Failure to do so can be taken into account in any Tribunal proceedings.The parttimer is protected against victimisation for any action taken in connection with these rights. Complaints on failure to comply with the regulations should be made to an Employment Tribunal generally within three months of the non-compliance.The Tribunal can make a declaration of rights; award compensation and/or recommend action to eliminate or reduce any adverse impact. 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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SECTION 3.1 REPRESENTING YOUR MEMBE
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 104 and 105: SECTION 5.15 15. Is everyone entitl
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 7.2 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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