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Am I entitled to a written contract of employment?
Except where your employment lasts a month or less, your employer should give you 'written particulars of employment' within two months of you starting. The particulars are your employer's version of your contract. If you disagree with anything, object to your employer.
The particulars should contain
- Their name and your own name
- The date your employment began and the date your continuous employment began (if you have moved from a parent or subsidiary company, so the date may be different)
- Pay scale or rate, or method of calculating pay
- Pay interval (weekly/monthly)
- Any terms about hours of work, including normal working hours
- Any terms about holidays, including public holidays and holiday pay
- Any terms about sickness, including sick pay
- Any terms about pensions and pension schemes
- Notice period on both sides
- Your job title or a brief description of your work
- The period a non-permanent job is expected to continue, if for fixed term the end date
- Your place of work, if from more than one site a statement to that affect
- Any collective agreements which directly affect your terms and conditions, including (where your employer was not party to those agreements) the names of the parties.
- Information, if any, on working outside the UK for more than a month
- A note of: any disciplinary rules; the disciplinary and dismissal procedures; the grievance procedures and the person you should raise a grievance with; and any appeals procedures. Alternatively they must refer you to an easily accessible document containing the procedures.
The employer can provide the written information in a contract of employment or letter of employment given to you either before you start work or within two months of you doing so.
The particulars must be given to you in parts or refer you to other documents.
Any change should be notified to you within a month after the change.
Can my employer change my contract?
A contract is a two-sided agreement. It cannot be changed without agreement between both sides, but some employers look for ways to force changes on workers.
They try to slip a term into the written contract, the written particulars or a company handbook 'reserving' the right to change the contract. If you let this go unchallenged, you may find yourself in difficulties. Write to your employer explaining this is not a term of your contract.
They may dismiss you and offer you a new contract of employment, containing the terms they want to impose. If you accept the new contract (even 'under protest'), you are bound by its terms. However, because your old contract had been terminated by the employer, you can lodge an unfair dismissal complaint (even though you are still at work). Your GMB Representative can give you advice on unfair dismissal.
They might 'unilaterally impose' different terms (without dismissing you). If the change does not affect the way the contract currently operates (e.g. the employer revokes your enhanced redundancy pay), you should write to your employer refusing to accept the reduction in terms.
However the new term might have an immediate impact, e.g. a new shift system. In that case, you cannot continue to work 'under protest', because that is incompatible with rejecting the new term. Provided the change is substantial, you can treat it as dismissal, combined with an offer of a new contract, as above. So you should write to your employer explaining you regard the change as fundamentally breaching your contract and amounting to a dismissal; but you the changes as an offer of a new contract, which you will accept under protest and in mitigation of your loss. You can then continue to work, while lodging an unfair dismissal complaint.
Unfair dismissal complaints are always difficult to win, particularly when they concern the unilateral imposition of worse terms and conditions. Did your employer have a genuine business reason to the change (even if you disagree with it)? Did that reason merit changes to your contract?Did your employer genuinely try to reach agreement on the changes? Were the changes accepted by the majority of your colleagues?
Special rules apply to changes imposed by a new employer after a transfer of an undertaking. A special law known as 'TUPE' says that such changes are not binding, even agreed by the workforce, because European law guarantees the same terms and conditions under the new employer. Your GMB Representative has access to specialist advice on TUPE.
Am I entitled to a pay slip?
Before or at the time of each payment of wages or salary, every employee is entitled to a written and itemised pay statement.
This pay slip must state:
- The gross pay
- The net pay
- The amount of any variable or fixed deduction
- The reason for any variable or fixed deduction
- Where parts of the net pay are paid in different ways, the method of payment of each part and its amount
The pay slip can give the total amount of fixed deductions (rather than the amount of each one), provided the employer has already given you a 'standing statement of fixed deductions'. This standing statement is valid for a maximum of one year, and must give:
- The amount of each fixed deduction
- The reason for it and the interval at which the deduction will be made
The right to be accompanied
The Employment Relations Act 1999 gives workers the right to be 'accompanied' by a fellow worker or trade union official in hearings and appeals where
- Discipline might lead to a formal warning or other action against the worker
- A grievance concerns a duty owned by the employer to the worker
If the 'companion (or representative)' cannot make the time proposed by the employer, the worker can offer a reasonable alternative during the next five days. The representative can address the hearing , explain the workers case, sum up the case and confer with the worker during the hearing. The representative is entitled to paid time off for the hearing. Both the worker and the representative are protected against victimisation for exercising these rights.
Working time regulations
The Working Time Regulations 1998 set limits on the working week and guarantee daily and weekly rest breaks. Collective agreements and contracts of employment can improve the minimum guarantees in the Regulations, so workers should reply on whichever is most favourable.
The minimum standards in the Regulations are:
- 48 hour week averaged over 17 weeks
- 8 hours per day, averaged over 17 weeks – but special provisions where the work involves great hazard or strain
- one day off a week for adult workers and two days for young workers
- daily rest of 11 hours for adult workers and 12 hours for young workers
- minimum 20 minute break if the working day is longer than 4 hours
- with 30 minute break if the working day is longer than 6 hours for young workers
- paid annual leave of four weeks
GMB has produced a Negotiator's Guide, containing a model agreement and advising on the details of the law.
Terms and Conditions of Employment
Many terms and conditions of employment are negotiated by agreement with trade unions. One of the benefits of being a GMB member is that by comparison to non-unionised workplaces, members in unionised workplaces enjoy higher pay, better pension provision, more holiday and a wider range of benefits (sick pay and special leave schemes for example) and are less likely to suffer from occupational accidents and ill health. The experience and ability of the GMB negotiators ensures that the best deals possible are secured on behalf of the members they represent.
Your terms and conditions of employment are governed by your contract and the 'Legal Rights' section describes how these must be supplied to you in writing as 'written particulars' from your employer. Enquiries and requests for assistance on your terms and conditions should be directed in the first instance on to your GMB representative, branch secretary or organiser.
Collective Agreements
A wealth of information on pay and conditions in over 2000 collective agreements can be found on the LRD PayLine. PayLine gives union negotiators and reps instant access through the internet to information on pay rates and increases, working hours and holiday entitlements from agreements covering major public sector employers like NHS, as well as hundreds of private sector companies across all industries. As a GMB member you have FREE access to the PayLine database.
PayLine can be accessed:
- Go to www.lrd/database/lrdpay
- Log on your username and password
- Follow the on-screen instructions
To keep the database up to date, please send a copy of your agreement to LRD by email or post to
Labour Research Department
FREEPOST
78 Blackfriars Road
London
SE1 8YX
020 7902 9811
pay@lrd.org.uk
Statutory Rights
Some terms and conditions of employment are based upon statutory employment rights. These are minimum standards which all employees are entitled to by law, although agreements won through negotiations often mean that GMB members are entitled to more than these minimum levels.
The following are statutory provisions which every employer must provide:
Under the Labour Government's 1998 National Minimum Wage Act, UK workers are entitles by law to receive a minimum wage. These rates are enforceable by law and GMB members not receiving the minimum wage should seek advice immediately. From October 2008 the rates are £5.73 and hour (adult rate) and £4.77 an hour (18 – 21 year olds). The rate for 16 and 17 year olds is £3.53. Age discrimination in wage rates adversely affects almost 3 million your workers and that is why the GMB campaigns for the abolition of wage differentials in relation to age.
Under the Working Time Regulations 1998 (amended), all workers are entitled by law to a minimum of 28 days paid holiday a year (pro-rata for part time workers), regardless of whether they are employed on a permanent or temporary contracts of whatever length. A claim for pay to cover the holidays lost can be taken to an employment tribunal if an employer refuses to pay statutory holidays.
The situation in relation to holidays and periods of sickness absence is quite complicated and members should take advice if they have queries in this regard.
Balancing the needs of work and family life can be difficult for all parents. The GMB negotiates with employers and seeks agreement and family friendly policies to ease the burden on working parents. The Labour Government has also introduced legislation creating many new statutory rights for working parents. Parental rights now include maternity/paternity leave and pay, emergency family leave, parental leave, adoption leave and flexible working.
Information on these rights can be obtained from www.workingfamilies.org.uk or telephone 020 7253 7243.
Equality and Inclusion (E&I)GMB has been the lead trade union in driving equality and challenging discrimination, not only in the workplace but society as well. Our vision for equality is:
'
We want the GMB to be recognised as the lead Trade Union in driving equality at and in our society, while reflecting the make up of our members and potential members at all levels of the GMB and unleashing their potential'
Strategy for Equalit A new strategy for equality, launched in 2008, builds on the achievements and experience of driving equality, while ensuring representation of lay members of diverse backgrounds in GMB structures. This new strategy is based on the twin principles of 'inclusivity' – that everyone has a role in championing and delivering equality and secondly a 'holistic approach' – all parts of the GMB are engaged.
Other equality strategy includes challenging discrimination on the basis of gender, race, disability, sexuality and age.
Equality has been aligned to the core aims and values of the GMB and the five strategic priorities are:
- Increase membership
- Drive E&I bargaining agenda
- Campaign Profile
- Enhance Profile
- Drive organisational E&I
There are a number of projects which underpin the delivery of these priorities.
These include:
Supporting the National organising priority projects (ASDA, Security Industry, Care Homes and Professional Drivers)
- Assisting organising officers in the region
- Campaigning and lobbying Government
- Establishing a comprehensive monitoring system
Legal Equality
The Union won the first ever equal pay for work of equal value case when Julie Hayward achieved her famous victory against Cammell Laird and has continued to win compensation for many thousands of members for cases of unequal py, sex discrimination, sexual harassment and pregnancy discrimination.
Negotiating for Equality
We aim to put equality, in particular equal pay and family friendly issues, at the top of the negotiating agenda and to continue our groundbreaking campaign on domestic violence as a workplace issue.
Equal pay will be made a recruitment issue as well as a bargaining priority. We have established a blueprint for equal pay, setting ourselves seven targets, including training for officers and activists and development of non-discriminatory job evaluation schemes. We have trained a number of officers and representatives on undertaking pay audits. We are negotiating a number of new job evaluation schemes.
GMB produces negotiators' guides on a wide range of equality issues. These include equal pay, negotiating equal opportunities arrangements, tackling harassment, equality audits, flexible working, atypical working, age discrimination, lesbian and gay discrimination, HIV/AIDS and the Family Charter.
Campaigning for EqualityGMB's reputation for campaigning for equal rights is second to none. We have used our parliamentary and European links to further women's rights, to fight racism and to challenge discrimination against people with disabilities.
Gender Equality Nearly 50% of GMB members are women and increasing number of women are joining the union. GMB remains one of the few unions have reserved seats for women at both Central Executive Council and Regional Council Levels.
Lesbian, Gay, Bisexual and Trans (LGBT)The GMB has established the National 'Shout' Forum.
Disability ForumIn 1996 GMB created disability forum for members with disabilities to advise the union on all aspects of relevant issues. This forum supported the GMB's campaign to keep Remploy Factories open.
Race EqualityGMB is committed to promoting racial equality. Our opposition to all forms of racism is enshrined in our rule book.
Young Members There is an active young members forum (YMF) which supports the drive for challenging issues faced by young people, recruitment and workplace bargaining issues.
e Discrimination Raising awareness of discrimination based on age and and bargaining for age equality has been a key priority for GMB, which engaged a broader range of members and employees in equality matters.
From October 1st 2011 it will be unlawful in most cases for an employer to force an employee to retire simply because they have reached the statutory retirement age.
Q If I’m asked to attend a grievance/disciplinary meeting or an occupational health appointment outside my contracted hours, am I entitled to pay?
A Yes, make sure you swipe in and out as you are entitled to be paid for any meetings or appointments you are asked to attend outside of your contracted hours. You should clarify with your management that you expect to be paid before attending any appointments outside your normal shifts.
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