WO toolkit 2012 complete.pdf - GMB

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SECTION 5.35 If you are dismissed because of your race,gender,disability,religion/belief,or sexual orientation,you can bring a discrimination complaint to an Employment Tribunal regardless of your length of continuous service. <strong>GMB</strong> is pressing for a change in the law so that all workers have protection from unfair dismissal from day one of their employment. REMEMBER: there may be more than one person affected by this issue. Consider calling a meeting to advise,recruit and organise.
SECTION 5.36 GROUP SIX REDUNDANCY 36. How do I qualify for a redundancy payment? To qualify for a statutory redundancy payment you must: • Be an employee; and • have two years continuous employment with your employer at the date of dismissal; and • have been dismissed by reason of redundancy. Dismissal occurs where: • Your contract has been terminated by your employer with or without notice; or • you terminate your contract of employment with or without notice because of your employer’s unreasonable conduct(constructive dismissal); or • you are employed for a fixed term and your contract expires but is not renewed. No dismissal has taken place if your contract has been renewed or you are engaged under a new contract of employment and the offer is made to you in writing before the end of your contract and is to take effect within four weeks from the end of your original employment. Redundancy would occur if the dismissal is wholly or mainly because: • Your employer has stopped or intends to stop business in the place where you are employed; or • your employer has stopped or intends to stop business for the purposes for which you are employed; or • your employer’s need for people carrying out work of a particular kind in the place where you work has stopped or reduced or is expected to do so. You may lose your right to a redundancy payment if you unreasonably refuse an offer of suitable alternative employment made before the end of your original contract.The new job must begin at latest four weeks after your original employment ends.Whether the offer is a suitable alternative to your original job depends on factors such as location,pay,hours,holiday,grade,status and travel to work.Even if it is suitable,the employee might still get a redundancy payment if he/she has good grounds for turning it down e.g.personal circumstances or problems that make it reasonable to do so. If in doubt,you can try the new job for up to four weeks before deciding whether to accept it or not. There are special,complex rules covering workers who are laid off or are on short time.In summary,lay off happens when an employee gets no money because there is no work.Short-time means getting less than half a week’s pay.When either happens for at least four continuous weeks of for at least six weeks out of thirteen,the employee can write to their employer claiming redundancy pay.There are then very tricky rules about notices and counter-notices.If this happens to you,contact your <strong>GMB</strong> representative for further information. Your employer should give advance warning of possible redundancies and consult with the union and individuals likely to be affected. 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
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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
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SECTION 4.5 APPEALS You should also
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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 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 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
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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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