Clarion sends "fire & rehire" dismissal letters to long serving staff breaking their pension promises and futures.

Check Clarion UNISON Facebook page  

"The dismissal letters sent out by Social Mission Clarion also contain inaccurate and even untruthful information.

If we do not consent to the loss of our pension we will be sacked without compensation.

There was a very constructive meeting today of impacted UNISON members today and advice on appeals and wording will be sent before their deadlines.

The result of the Strike ballot against closing the pension schemes and increasing contributions to some members to over 30% of their pay will be announced soon.

Our campaign against the closure of our pension schemes, increase in contributions and "fire and rehire" dismissals have already gathered support from Councillors, Chairs of Planning Committees, Cabinet leads and MPs.

Watch this space for next steps".

"The most common reason for unfair dismissal"

I found this advert for an Acas training course interesting. Over the years I have come across some
appalling investigations. Often the main reason is that the investigator simply hasn't a clue what they are doing.

"One of the most common reasons for a dismissal to be found unfair is that an employer has failed to carry out a reasonable investigation. But what exactly is a reasonable investigation?

The Acas Code of conduct on disciplinary and grievance procedures, used by Employment Tribunal Judges, to assess the fairness of a dismissal, says: "Employers should carry out any necessary investigations, to establish the facts of the case".

"The nature and extent of the investigations will depend on the seriousness of the matter and the more serious it is then the more thorough the investigation should be. It is important to keep an open mind and look for evidence which supports the employee’s case as well as evidence against."

So do you need to interview the employee concerned? Do you need to interview all witnesses? Can the same person that carries out the interviews carry out any subsequent disciplinary hearing?

Acas Investigations training courses will answer these questions and more, covering:

The legal background and burdens of proof
Purpose and stages of disciplinary procedures
The responsibilities of the employer
The rights of the employee
The stages of an investigation
Listening and questioning techniques
The role of suspension
Case for dismissal
Writing the report and presenting findings

The Unfair Dismissal Song....

Hat tip Employment Law specialist Daniel Barnett for his link to the Unfair Dismissal song. 

Where a female boss laments she is being taken to the cleaners in an Employment Tribunal for sacking a member of staff without following proper procedures.

If only....

Headphones or speakers on.

(I think the singer is okay but she should do all she can to keep the day job. The original Bananarama version was much, much better but without the social justice message of course. Ah, those were the days)

Employment Tribunal fees start today

This is a sad day for British justice and the protection of ordinary people at work. Check out this BBC report " Under the rules, it will cost £160 or £250 to lodge a claim, with a further charge of either £230 or £950 if the case goes ahead....in the Employment Appeal Tribunal, the fees are £400 to lodge an appeal and another £1,200 for a full hearing".

I am pleased that UNISON has been given permission to challenge these fees in a Judicial Review.

But it not just the fees. The minimum time to be employed before you can claim unfair dismissal is now 2 years not 1 year.

Independent trade union and employer representatives have been kicked off as lay judges in most tribunals. Employer's can threaten and bully employees out of a job by holding what is called "protected conversations" with them. "Conversations" that cannot normally be quoted in a tribunal. Possible awards have been reduced and restricted.

Costs can (and are) already levied for so called "frivolous claims".

The only possible positive thing arising from all this is that workers who don't join a trade union because they think the law will protect them at work will have to wake up and get real. The law will not not protect them at work, nor their employers. Only your union can protect you at work. UNISON and other trade unions have already pledged to pay the fees for members in a union supported case.

ps. Check out that well know communist, "Red" Lord Justice Mummery defence of the existing system.

Employment Law Prospects 2012: Workers are going to be stuffed

This is from the newsletter published yesterday by Employment Law Barrister Daniel Barnett:-

"Expected Developments in Employment law" 2012 (my comments in italics)

"31 January
closure date for calls for evidence on the effectiveness of TUPE and the scope of the collective redundancy rules - may result in a formal consultation later in the year (TUPE protection will be brought down to the absolute minimum and you could be made redundant in just 30 days)

1 February
new tribunal award limits come into force (Good but still inadequate)

6 March
consultation closes on fees in tribunals and the EAT (It could cost you around £1750 to go to an employment tribunal - far more if you want to appeal)

April
expected that qualifying period for unfair dismissal will increase to 2 years · various tribunal reforms to take effect, e.g. increase in deposit orders and costs awards (bad)· unpaid parental leave to increase to 4 months · working time rules to be amended to allow holiday to be carried forward in limited circumstances · maternity/paternity/adoption pay increases · SSP increases (you could be sacked for no good reason after 1 year 11 months and you will have no effective legal remedy)

October
pensions auto-enrolment begins for larger employers (Good) · national minimum wage may increase, depending on what the Low Pay Commission recommends in February (wait and see)

Developments with no confirmed date but likely to be progressed in 2012
penalties for employers who breach of employment rights (Good but expect wrist slap)· early compulsory ACAS conciliation of all tribunal claims (possibly good) · amendment of whistleblowing rules so that disclosures about breaches of employment contracts are no longer covered (Bad) · compromise agreements to be simplified (possibly good) · consultation on 'protected conversations' between employers and staff about employment issues without risk of dispute (your employer could bully you out of your job legally without protection)· consultation on rapid resolution scheme as alternative to tribunal for low-value and straightforward disputes (Fixed penalty ticket justice?)

· Acas Disciplinary and Grievance Code to be 'looked at' with a view to a simpler dismissal process (nuf said?)

Do not expect the "law" to protect you at work. Time to join a union for collective protection and the Labour Party to get rid of this Government in 2015.