WO toolkit 2012 complete.pdf - GMB

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SECTION 5.37 37. How much notice do I get on redundancy and do I have to work it? The employer should give you at least the statutory notice of a week for each <strong>complete</strong> year of service, up to a maximum of 12 weeks.So someone employed for seven years gets seven weeks’notice.However you might well be entitled to longer notice under your contract of employment–a monthly paid worker should get at least one months’notice,even if they have been employed for less than four years. Be careful not to confuse warnings and consultation,with notice of dismissal.Notice only counts if it is clearly addressed to you and specifies the date you will finish work and your employment will end.If you leave because of a general warning that redundancies are coming,you may lose your redundancy pay. Similarly,when your employer does give you notice,you must wait for it to run its course.Do not leave your job as soon as you receive the notice of redundancy–you may lose your redundancy payment. If you want to leave before your notice expires e.g.to take up another job,you can ask your employer to agree an earlier termination date,on the basis that you will still get your redundancy payment. Alternatively,during the statutory notice period you can serve written counter-notice to leave early and if your employer does not object you can go(with your redundancy pay)when your counter-notice expires.However before your counter-notice ends your employer can object to it in writing,saying that if you leave early they will withhold your redundancy pay.You then have the option of leaving when your counter-notice ends and arguing in an Employment Tribunal that your employer’s objection was unreasonable and that you should get your redundancy pay–a risky strategy. Your employer may give you pay in lieu of notice,providing your contract allows for this. If you have two years’continuous service at the time your notice from your employer expires,you are entitled to a reasonable period of paid time off during working hours to look for a new job. An employer who proposes 20 or more redundancies within a period of 90 days or less should consult with the recognised union or(if there is none)with representatives elected by the workforce. Consultation should begin at least 30 days before the first redundancy takes effect.Where the proposal is for 100 or more redundancies,consultation should begin at least 90 days before the first one is due to take effect. REMEMBER: there may be more than one person affected by this issue. Consider calling a meeting to advise,recruit and organise.
SECTION 5.38 38. Once I am redundant am I entitled to benefits? You may be able to claim welfare benefits after you have received your redundancy payment. You may be entitled to jobseeker’s allowance(JSA).This is a benefit for people who are unemployed or who work less than 16 hours a week and who are looking for full-time work. There are two types of JSA.Contribution-based JSA is paid if you satisfy the national insurance contributions conditions.Income-based JSA is paid if you have not paid national insurance contributions and you pass the means test. There are a number of means tested benefits to which you may be entitled including income support, housing benefit and council tax benefit. Working Tax Credit(WTC)is a means tested benefit for working people on low wages.Contact the Tax Credit Office of the Inland Revenue for details. To qualify for means tested benefits income,capital(which includes your redundancy payment but does not include your home)and savings must fall within the financial limits.For income support,as well as for housing benefit/council tax benefit and income-based job seekers allowance,you are excluded from benefit if your capital is above the upper limit of £16,000.Capital at or below the lower limit of £6,000 dors not affect your benefit.If your capital is between the limits then an amount of ‘tariff income’from capital is assumed,worked out using a fixed formula.If you move permanently into a care home,an Abbeyfield Home,or an independent hospital,the lower capital limit goes up to £10,000. Volunteering for redundancy should NOT stop you receiving benefits(provided your redundancy payment does not take you over the financial limit for means tested benefits).However,a redundancy payment in excess of the statutory amount will be treated as earnings and income-based JSA cannot be paid for the period covered by the payment after your employment ended. 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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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 136 and 137: SECTION 5.35 If you are dismissed b
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 152 and 153: WORKPLACE ORGANISERS TOOLKIT SECTIO
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
Page 186 and 187: 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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