2. Intro to Workplace Relations: Trade Disputes, Secret Ballots & Picketing | ACAS | Employment Tribunals Flashcards
A trade dispute means?
there’s a disagreement between an employer and employees regarding the terms of employment
What is industrial action?
an action done by either an employee or an employer, which prevents the operation of the employment contract
Give 5 examples of industrial action?
work to rule
an overtime ban
a picket
a strike
employer lockout
Does the court have the power to order an employee to work if they go on strike?
no court can order an employee to work if they go on strike
Trade Union & Labour Relations Act 1992 protect the employee
What is a ballot?
is when an organisation asks its members to vote secretly on an issue
What does a union ask it’s members to do first before industrial action is given approval?
vote in a secret ballot
How do members give their vote in a ballot to approve an industrial action?
by post
How many days notice must an employer be given on a ballot for industrial action & how soon must the employer be notified of the result?
7 days notice
result must be given as soon as it’s available
Once the result of a ballot has approved industrial action, how long do members have to commence action?
4 weeks
What does a picket line look like?
workers who gather outside a workplace
Who is part of a picket line?
striking workers
workers locked out by their employer & trade union reps
What is secondary picketing & give an example?
workers already on a picket line can peacefully persuade workers who aren’t affected to support them
like a lorry driver from another company is persuaded to stop making deliveries
ACAS provides free advice to both employers & employees on all aspects of what 2 main areas of work?
workplace relations
employment law
How does ACAS specifically prevent conflict & improve Industrial Relations?
they write ACOPs
help employers with employment contracts
advise on wages / grievance / discipline /unfair dismissal
If an employee has a complaint and is planning to lodge a claim with the Employment Tribunal what must he do first & why?
he must first notify ACAS
so that ACAS can try to resolve the dispute first before it goes to a Tribunal
saving time, money & stress on the tribunal system
If a workplace dispute between an employee & employer does go to Tribunal how long can ACAS continue providing conciliation services?
right up to the hearing date
Does ACAS offer conciliation to only individual employees?
no, they also offer services to issues affecting groups of employees
Employment Tribunals are an independent judicial body established to?
resolve disputes between employers & employees regarding employment rights
Give 4 examples of what type of situations Employment Tribunals resolve?
wages
unfair dismissal
redundancy payments
discrimination
An Employment Tribunal is usually composed of?
an Employment Judge
with or without two lay members with Employment law experience
The 2 lay members that attend an Employment Tribunal are drawn from a panel after consultation with which employer & employee organisations?
the Confederation of British Industry (CBI)
the Trades Union Congress (TUC)
In an unfair dismissal case who who has the burden of proof?
it is for the claimant to prove he is an employee - he has the burden of proof
the employer does not have to prove the claimant is not an employee
In an unfair dismissal case what does an employer have as the burden of proof?
he does not have to prove the claimant is not an employee
he does have to prove he had a fair reason for dismissal - there he has the burden of proof
What form which you can get from the gov.co.uk site, an employment tribunal or online at the job center as a pdf to open a case at an employment tribunal?
ET1 form
Who must you contact before you complete an ET1 form to open a case at an employment tribunal?
ACAS
What will ACAS issue you when you contact them to let them know you want to open a case at an employment tribunal?
they will issue you a certificate to confirm you have contacted them before submitting an ET1 form
How long do you have after dismissal or a problem happening with an employer to make a claim at an Employment Tribunal?
3 months
What will ACAS attempt to do when you have submitted a claim?
attempt to resolve the issue between you and the employer first / if there is no resolution, you will be able to attend an employment tribunal hearing
What 3 remedies could an unfairly dismissed employee be awarded?
reinstatement of their job - either the same job or a different position
basic award - calculated the same way as redundancy payment - length of time, age & wages
compensation award - any loss of earnings as a result of unfair dismissal
What is the basic award designed for in an unfair dismissal case?
it was created to compensate you for loss of job security
What 4 awards does the compensation award in an unfair dismissal case?
immediate losses of earnings (losses to date)
future loss of earnings (anticipated loss until you find a new job)
loss of statutory employment protection rights
loss of pension rights
Give 3 examples of a compensation award a claimant could be offered for financial losses incurred at a unfair dismissal case?
income
pensions
company car
What is the maximum basic award from unfair dismissal as of April 2020?
£16,140
or
30 weeks pay subject to the limit on a week’s pay
What is the maximum compensatory award from unfair dismissal as of April 2020?
£88,519
or
12 months wages
whichever is lowest
What is the maximum compensatory award from unfair dismissal for health & safety or whistleblowing?
the maximum is unlimited
What is the maximum award from unfair dismissal when a company fails to comply with reinstatement as of April 2020?
£27,976
