WO toolkit 2012 complete.pdf - GMB

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SECTION 4.3 Keep careful notes You will need to have a record if you have to take the case to the next step,if the management say procedure was not followed correctly.Make a note of anything you feel was incorrectly handled to raise if the matter comes to an appeal. Do not allow management to argue that defects in the way they operate the procedure can be dealt with on appeal. WHAT TO WATCH OUT FOR 1. A disciplinary hearing called immediately by management or before an investigation has been carried out. The purpose of the disciplinary process is to slow the situation down and to allow for all the facts to be uncovered and assessed.It is in managements’interests and not our members to speed things up.Use your members right to five days notice of any hearing. 2. Management tabling new evidence or information at the hearing that has not been disclosed or discussed at the investigation stage. To try to make a weak case stick,managers will often throw more and more evidence in.You are entitled to challenge any new information presented and have it ignored. 3. Management including people on its side of the hearing who have a clear conflict of interests in hearing the case. The immediate line manager,the person who raised the disciplinary should not be present and should be challenged if they are present. DISCIPLINARY PENALTIES You will be the first port of call for any members threatened with discipline or dismissal.Whilst you will be handling the initial hearing and any appeal it is important that you alert those who might have to deal with any subsequent legal action at the earliest opportunity. Suspension It is common practice for members to be suspended with full pay immediately following an allegation of gross misconduct.If this happens you should ensure the member has a written statement of the reasons,is receiving their pay and has a date for an investigatory hearing and confirmation that they can be represented by GMB. Instant dismissal An employer will sometimes dismiss an employee in a serious case of Gross Misconduct.Your member is entitled to a written statement of the evidence against them and the reasons why they have been instantly dismissed.Your member is entitled to be paid their wages up to the point of dismissal and is entitled to appeal.If you believe the dismissal is unfair,seek advice from your GMB Officer on Employment Tribunal claims. Dismissal Following the Disciplinary Procedure an employer may decide to dismiss your member.They will have the right to appeal and the right to consider taking a case to Employment Tribunal following this appeal. Action short of dismissal Depending on the procedure,disciplinary action may be taken as follows following the hearing.Your member can appeal against any and all of these punishments.
SECTION 4.3 Verbal warning Minor infringements can lead to a formal verbal warning.This will be held on the member’s records for a specific period of time as set out in the employer’s procedure. Written warning If the infringement is more serious or if the infringement happens again,the worker may be given a formal written warning.This will be held of the members’records for a specific period of time as set out in the employer’s procedure. Final written warning Where there is a failure to improve or change behaviour during the currency of a prior warning,or where the infringement is sufficiently serious,the worker may be given a Final Written Warning. Action short of dismissal Instead of simply sacking your member,the employer might demote them,transfer them or suspend them from work for a period of time. Employment Tribunals(ET) You must refer to your GMB Officer about any potential claims to Employment Tribunal for your member.ET claims are only submitted following assessment by GMB Officials.Cases that are considered by the ET to be‘frivolous or vexatious’can result in costs being awarded against GMB. It is essential that any member seeking to lodge a legal claim against an employer at Employment Tribunal has first used their own procedure or the legal minimum procedure as set out above. There is a strict‘three month less a day’time limit from the date of the dismissal(even if there is a subsequent internal appeal to be heard),so it is essential that you move swiftly. Contact your GMB Officer immediately if one of your members is dismissed.He or she has access to specialist support from GMB Regional Legal Officers and from solicitors nominated by GMB. DISCIPLINARY MATTERS CONCERNING YOURSELF OR ANOTHER WORKPLACE ORGANISER As a representative of GMB you have certain rights and entitlements.It is against the law to discriminate against someone because of his or her trade union activity.If there is any suggestion of disciplinary action being taken against you or another workplace representative contact your GMB Officer as soon as possible,even if the supposed grounds are nothing to do with your role as a Workplace Organiser. Also insist that the employer writes to your Officer setting out the details. Any GMB Representative or Workplace Organiser has the right to be represented by their Branch Secretary or GMB Officer in such circumstances. EQUALITY ISSUES Any disciplinary case that involves issues of race,gender,age,religious or sexuality discrimination should be reported to your Branch Secretary or GMB Officer straightaway as they may involve complex legal action in the future.
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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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Page 24 and 25: SECTION 2.3 KEEPING MEMBERS UP TO D
Page 26 and 27: GMB@ PUTYOUREMPLOYER’S NAMEHERE P
Page 30 and 31: SECTION 2.4 USING YOUR WORKPLACE MA
Page 32 and 33: SECTION 2.4 WORKPLACE ADDRESS Depar
Page 34 and 35: SECTION 2.5 CONTACTING NEW STARTERS
Page 38 and 39: SECTION 2.6 MEMBERSHIP TRANSFER NOT
Page 40 and 41: SECTION 2.7 CAMPAIGNING We are best
Page 44 and 45: SECTION 2.8 HANDLING OBJECTIONS One
Page 46 and 47: SECTION 2.8 I’ve worked here for
Page 48 and 49: SECTION 2.9 GETTING HELP:BUILDING Y
Page 54 and 55: SECTION 3.1 REPRESENTING YOUR MEMBE
Page 56 and 57: SECTION 3.1 COLLECTIVE BARGAINING G
Page 62 and 63: SECTION 4.1 REPRESENTING INDIVIDUAL
Page 66 and 67: SECTION 4.2 GMB RECOGNISED WORKPLAC
Page 68 and 69: SECTION 4.3 DEALING WITH MEMBER’S
Page 72 and 73: SECTION 4.3 REQUESTING A POSTPONEME
Page 76 and 77: SECTION 4.4 AT THE HEARING: State y
Page 80 and 81: SECTION 4.5 APPEALS You should also
Page 82 and 83: SECTION 4.5 REQUEST FOR APPEAL HEAR
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
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Page 108 and 109: SECTION 5.18 GROUP THREE MATERNITY&
Page 110 and 111: SECTION 5.19 19. Can I get maternit
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Page 114 and 115: SECTION 5.21 If you want to change
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Page 118 and 119: SECTION 5.24 24. What rights do I h
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SECTION 5.25 25. Can I take paid ad
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SECTION 5.26 While on paternity lea
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SECTION 5.27 You may be entitled to
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SECTION 5.28 • You are entitled t
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SECTION 5.30 30. How much sick pay
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SECTION 5.31 If your companion is n
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SECTION 5.32 Even if your employer
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SECTION 5.34 34. How much notice mu
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SECTION 5.35 If you are dismissed b
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SECTION 5.37 37. How much notice do
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SECTION 5.39 39. Who pays my redund
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SECTION 5.40 AGE (years) SERVICE (y
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SECTION 5.41 GROUP SEVEN UNION RIGH
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SECTION 5.43 43. Do workplace organ
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SECTION 5.44
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SECTION 6 ABOUT GMB Although it is
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SECTION 7.1
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SECTION 7.2 HEALTH AND SAFETY LAW-T
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SECTION 7.3 action to resolve them.
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SECTION 7.3 no action urgent commen
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SECTION 7.3 The questions on the pr
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SECTION 7.3
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SECTION 8 PENSIONS INFORMATION Pens
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SECTION 8 Carer’s Allowance-If yo
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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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