WO toolkit 2012 complete.pdf - GMB

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SECTION 5.43 43. Do workplace organisers and safety representatives get time off for training? Yes,you should get time off with pay,but there are conditions: • You are an accredited steward or safety rep; • your employer recognises GMB for collective bargaining; • you ask your employer for time off(first giving reasonable notice); • the training course is approved by GMB or by the TUC; • the training is relevant to your GMB duties; • the amount of time off you request must be reasonable. Since the training must be relevant to your union duties,you may face difficulties if the course is on a subject your employer refuses to discuss with the union.All GMB courses are carefully designed to increase the chance of paid time off,so always consult your Regional Education Officer. What is‘reasonable’time off will depend on the particular circumstances.Guidance on training of Safety Reps comes in the 1977 Code of Practice issued by the Health and Safety Commission; and on training of staff reps and shop stewards in the 2003 Code of Practice from the Advisory,Conciliation and Arbitration Service. The amount of pay should be your normal pay.However where the course falls on days you would normally not work,there is no statutory right to time off in lieu–another good reason to negotiate time off agreements. Where you work part-time and the course lasts longer than your normal working hours,you should be paid for those extra hours. There is no need for a minimum period of continuous service–if all other conditions are met,you are entitled to time off from your first day of employment.(Although the HSC Code recommends two years’ experience for safety reps.) If you are refused paid time off for training,contact your GMB Regional Organiser. The government has now brought into force the parts of the Employment Act 2002 that give time off rights to‘Union Learning Representatives’.These union officials advise union members about their training needs e.g.technical and vocational courses.ULRs will get reasonable paid time off for their duties and for their own learning needs. GMB prefers to negotiate a time off agreement with employers so that the statutory rules can be adapted to what best suits our reps in each workplace.See the Shop Stewards’Handbook for further advice. REMEMBER: there may be more than one person affected by this issue. Consider calling a meeting to advise,recruit and organise.
SECTION 5.44 44. Can my union represent me in a grievance or disciplinary hearing? Workers have the right to be accompanied at grievance and disciplinary hearings and appeals,even if their employer does not recognise their union(see also 31.Can I Be Represented In A Disciplinary Hearing?). This right is available to all workers(including agency and home workers)regardless of the number working for their employer. The companion can be: • A union lay official certified as experienced or trained in representing workers; • a trade union officer; or • another of the employer’s workers. The right applies to any disciplinary hearing which could result in a formal warning,or in the employer taking some other action e.g.dismissal,suspension. The grievance must concern the performance of a duty owed by an employer to the worker i.e.any common law,contractual or statutory duty.So a grievance over unlawful pay discrimination would be covered,but usually not a request for a pay rise. The right also applies to appeal hearings for disciplinary and grievance matters. The request to be accompanied must be‘reasonable’,so do not leave it until the last minute.It is best, though not obligatory,to put it in writing. Your companion can represent you by: • Addressing the hearing to put your case(including questioning management and witnesses), summing up your case and responding on your behalf to any view expressed at the hearing. • Confer with you during the hearing. Your companion cannot however: • Answer questions on your behalf, • address the hearing if you indicate that you do not want him/her to do so, • use the powers in way that prevents the employer from explaining their case or prevents anyone else at the hearing from making their contribution to it. If your companion is not available,you can ask for the hearing to be postponed.The alternative slot 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. The companion is allowed reasonable paid time off,including conferring with you before and after the hearing. If an 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. 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
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SECTION 5.5 5. Am I entitled to hav
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Page 98 and 99: SECTION 5.9 9. What is a risk asses
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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
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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
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Page 150 and 151: SECTION 6 ABOUT GMB Although it is
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Page 172 and 173: SECTION 8 PENSIONS INFORMATION Pens
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Page 176 and 177: SECTION 8 GOOD CONSULTATION PRACTIC
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Page 192 and 193: SECTION 17.2 EQIA Section 75 of the
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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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