WO toolkit 2012 complete.pdf - GMB

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SECTION 5.20 20. Am I protected from dismissal or detriment during maternity? All women employees,whether temporary or permanent and regardless of hours worked or length of service,are automatically protected from dismissal,detriment and selection for redundancy solely or mainly on the grounds of being pregnant,having given birth or taken maternity leave.There is no option for employers to justify the treatment.Any dismissal connected to a woman’s pregnancy, childbirth or maternity will generally also be discriminatory.So an employer cannot: • Dismiss you or select you for redundancy(unless there is a genuine redundancy situation). • Dismiss you because of some statutory restriction on employment or on grounds of health and safety.Instead,the employer should temporarily transfer or suspend you.If transferred you will take on the terms and conditions of the new job(which should not be substantially less favourable). Suspension will be on full pay(see also 21.Am I Entitled to Antenatal Care And/Or Health And Safety Protection). • Refuse to allow you to return to your job after your maternity leave(unless there has been genuine redundancy or reorganisation). • Dismiss you for exercising a statutory right such as time off for antenatal care. • Subject you to any detriment e.g.denial of promotion,training opportunities,facilities. • Use any pregnancy-related sickness as grounds for triggering disciplinary proceedings, dismissing you or making you redundant. • Dismiss you if you are sick at the end of maternity leave and cannot physically return on the appointed day.Your maternity leave will end and you will then be on sick leave.You should provide your employer with a medical certificate and comply with any other requirements of the sickness policy.If your employer normally provides sick pay this should be paid to you.If not you may be entitled to statutory sickness benefits–contact your Jobcentre Plus for more information. You generally have the right to return to your same job following maternity leave.There are three exceptions. • Where your employer has five or less employees and you have taken additional maternity leave,if it is not reasonably practicable to allow you to return,it will not be automatically unfair for your employer to dismiss you. • If there is a genuine redundancy and there is no suitable alternative vacancy.If you have at least two years service will be entitled to redundancy pay.Your employer should consult with you about potential redundancies even if you are on maternity leave. • If there is a genuine redundancy which occurs during the leave period and there is a suitable alternative vacancy,your employer should offer this to you.If you refuse,your employer can dismiss you and you may lose the right to redundancy pay. If you are dismissed,the employer must provide you with a written statement of reasons for dismissal. This statement is admissible in evidence. Complaints about dismissal,redundancy and detriment can be made to Employment Tribunals, generally within three months of the action.Both unfair dismissal and sex discrimination should be claimed.If your employer does not comply with the statutory dismissal procedures before dismissing you,any dismissal will be automatically unfair. REMEMBER: there may be more than one person affected by this issue. Consider calling a meeting to advise,recruit and organise.
SECTION 5.21 21. Can I return to my job after maternity leave with all my service rights? You generally have the right to return to exactly the same job after your maternity leave.However the right to return is slightly different depending on whether you are returning after Ordinary Maternity Leave(OML)or after Additional Maternity Leave(AML). • You are entitled to return to your old job if you take just OML of 26 weeks. • If you return after AML of up to a further 26 weeks,you are entitled to return to your old job,unless that is not reasonably practicable.In that case,you must be offered a similar job–one that is the same kind,in the same place and in the same capacity. • If your job has been made redundant during your OML or AML,your employer must offer any suitable alternative vacancy on broadly comparable terms. • You can take up to four weeks parental leave immediately after the end of your OML,and return to your old job.You will need to give your employer 21 days notice that you wish to take parental leave. If you take more or if you add any parental leave on to AML,and it is not reasonably practicable for you to return to your old job,you must be offered a similar one(see also 24 What Rights Do I Have to Parental Leave). If you are sick at the end of Maternity Leave and cannot physically return,you transfer to your company or statutory sick pay scheme.You cannot be dismissed unless a man in similar circumstances would be dismissed e.g.exhaustion of sick leave.Even then,the employer has to follow certain procedures, including consultation; investigation of your current medical condition; transfer to alternative employment. If your employer refuses to allow you to return because you have taken the OML or AML,this will be an automatically unfair dismissal(see 19 Am I Protected From Dismissal or Detriment During Maternity). Your contract continues in all or some respects depending on whether you are on OML or AML. • During OML of 26 weeks,all contractual rights except pay continue to accrue as normal e.g. seniority and holidays accrue. • During AML of up to a further 26 weeks,most of your contractual rights are suspended,except the right to notice,redundancy compensation,disciplinary or grievance procedures,and the duties of trust,confidence and good faith.So seniority,pensions rights pay increments do not accrue.Any scheme reflecting past performance should be paid on a pro rata basis to any work undertaken during the year. • OML or AML both count as service for gaining employment protection rights including holiday leave under the Working Time Regulations. • Pension contributions and,therefore,pensionable service in occupational pension schemes continue during both OML and AML,but calculated by reference to your actual maternity pay and not your normal pay.However,in money purchase schemes,only the amount of contribution actually paid will count.
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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
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SECTION 3.1 COLLECTIVE BARGAINING G
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SECTION 3.2
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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 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 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 7.3 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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