WO toolkit 2012 complete.pdf - GMB

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SECTION 5.41 GROUP SEVEN UNION RIGHTS 41. Why can’t we just stop work or walk out in protest like we once did? The law requires unions to hold fully postal ballots of members before calling a strike or other industrial action.In addition,the union has to give the employer at least seven days written notice before the ballot opens; and again after the ballot but before the industrial action begins. The first day of action must fall within four weeks of the close of the ballot,unless the employer and the union agree a longer period e.g.to allow negotiations. If all these steps are not followed closely,the industrial action will be unlawful and would put workers’ jobs at risk. If a union or its officials organise a walkout without following the legal procedures,the employer can get an injunction against the union and the organisers of the action.If we the union disobey the injunction,the union and its officials could be in contempt of court.Worse,the employer could dismiss all those taking part in the unlawful and unprotected industrial action.Court orders disrupt the collective defence of workers’interests. On the other hand a proper ballot will protect workers from dismissal during the first 12 weeks of the industrial action.Any dismissal will be automatically unfair,regardless of how long a worker has been employed.A dismissal after the first 12 weeks may still be unfair if the employer has not taken reasonable procedural steps to resolve the dispute e.g.has not followed the agreed procedure,or has unreasonably refused a union offer of mediation or conciliation.This protection will not apply if the union fails to observe the ballot law. Of course,even before these laws came in,<strong>GMB</strong> policy has always been for members to vote in favour before the union calls for any industrial action. By following the legal procedures,unions try to protect their members and ensure that the employer is kept under pressure.Not complying with the law simply plays into the employer’s hands. REMEMBER: there may be more than one person affected by this issue. Consider calling a meeting to advise,recruit and organise.
SECTION 5.42 42. Can my employer stop me joining a trade union? No.Every worker has the fundamental civil right to join a trade union and to take part in its activities. If your employer penalises you for joining a trade union–whether by dismissing you or through lesser discipline or other detrimental treatment–you can complain to an Employment Tribunal. Compensation levels for union victimisation dismissals are higher than normal. You do not need to have one year’s continuous employment before brining a claim for unfair dismissal if you are dismissed because of your union membership or because you joined in your union’s activities. Nor can an employer offer better terms and conditions to non-members than to members.The Conservative law that allowed this discrimination has now been repealed. Your employer cannot offer you inducements to prevent you joining a union,taking part in its activities or making use of its service.Since 1 October 2004,your employer cannot offer you any inducements to opt out of collective bargaining. There is also protection against victimisation and dismissal for workers who support their union’s campaign for recognition. 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
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SECTION 5 LIST OF STATUTORY AMOUNTS
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SECTION 5.2 2. What are the maximum
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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 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 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
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Page 162 and 163: SECTION 7.3 no action urgent commen
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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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Page 192 and 193: 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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