WO toolkit 2012 complete.pdf - GMB

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SECTION 5.31 If your companion is not available,you can ask for the hearing to be postponed.You can propose an alternative date which must be reasonable and must fall within five working days(excluding Saturday, Sunday,Christmas Day,Good Friday and bank holidays).So a hearing set for Monday can be postponed up to,but not beyond the following Monday. A companion is allowed reasonable paid time off,including conferring with the worker before and after the hearing. If your employer refuses to allow you to be accompanied,or to postpone a hearing,you can complain to an Employment Tribunal,which can award up to two weeks’pay.A dismissal in these circumstances may well be unfair. Workers and their representatives are protected from dismissal or action short of dismissal for exercising or trying to exercise the right to be accompanied.Where a worker attends a hearing as the companion of another worker,s/he is protected against detriment and dismissal not only in respect of the act of accompanying the worker but also for addressing or seeking to address the hearing. Workers and their representatives are protected from dismissal or action short of dismissal for exercising or trying to exercise the right to be accompanied.Where a worker attends a hearing as the companion of another worker,s/he is protected against detriment and dismissal not only in respect of the act of accompanying the worker but also for addressing or seeking to address the hearing. REMEMBER: there may be more than one person affected by this issue. Consider calling a meeting to advise,recruit and organise.
SECTION 5.32 32. Am I entitled to receive warnings before i am dismissed? There is no general right to a warning before you are dismissed.That is why unions negotiate disciplinary procedures,to protect workers. If you qualify for protection against unfair dismissal,then it will usually be unfair to dismiss you without warning(see 35.How Long Must I Work Before I Can Complain of Unfair Dismissal?).Fair dismissal requires proper procedures and it is not proper to dismiss workers without warning. The main exception is where you are dismissed for gross misconduct–here you can be fired for a first offence and without any previous warning,provided there is a proper investigation and a fair hearing. Since 1 October 2004 every employer has to follow a minimum statutory‘dismissal and disciplinary procedure’(DDP).All employers must now provide employees with details of their disciplinary and grievance procedures.(Note: as of August 2007 the government is proposing to change these rules and the Most Asked Questions will be updated when the details are known). The procedures only apply to employees and not workers,so if you are an agency worker the procedures will not apply to you.The employer must use the procedure when s/he is considering: • Dismissal–the procedure applies not just to conduct or capability dismissals but whenever dismissal is contemplated.So it must be used for redundancy,compulsory retirement and when a fixed term contract expires; or • taking relevant disciplinary action–this means action short of dismissal which is based on your conduct or capability.However this does not include suspension on full pay or oral or written warnings so,for example,your employer need not follow the statutory DDP before issuing you with a final warning. Your employer must: • Give you a written statement of the alleged misconduct,poor performance etc and • hold a meeting with you to discuss the issue,and • inform you of any decision and of your right to appeal. You have the right to be accompanied by a trade union official or a fellow worker at both the original meeting and any appeal(see 31.Can I be Represented In a Disciplinary Hearing?). The procedure is modified if you are dismissed without notice or pay in lieu for gross misconduct,Here, the employer must give you a written statement of the alleged misconduct leading to your dismissal and provide a right of appeal.You have the right to be accompanied by a trade union official or fellow worker at the appeal meeting. If your employer dismisses you without following these minimum statutory procedures,you may be able to bring a claim for unfair dismissal.If so,the dismissal will be automatically unfair and the tribunal can award compensation of four weeks’pay(a week’s pay is limited to £310).Any claim must be made within three months of the dismissal.
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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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SECTION 4.1 REPRESENTING INDIVIDUAL
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SECTION 4.2 GMB RECOGNISED WORKPLAC
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SECTION 4.3 DEALING WITH MEMBER’S
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SECTION 4.3 Keep careful notes You
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SECTION 4.3 REQUESTING A POSTPONEME
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SECTION 4.4 AT THE HEARING: State y
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SECTION 4.4
Page 80 and 81: SECTION 4.5 APPEALS You should also
Page 82 and 83: SECTION 4.5 REQUEST FOR APPEAL HEAR
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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 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 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
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Page 150 and 151: SECTION 6 ABOUT GMB Although it is
Page 156 and 157: SECTION 7.2 HEALTH AND SAFETY LAW-T
Page 160 and 161: SECTION 7.3 action to resolve them.
Page 162 and 163: SECTION 7.3 no action urgent commen
Page 168 and 169: SECTION 7.3 The questions on the pr
Page 172 and 173: SECTION 8 PENSIONS INFORMATION Pens
Page 174 and 175: SECTION 8 Carer’s Allowance-If yo
Page 176 and 177: 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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