Legislation
Disputes
Advice on Handling Dismissals
The Minimum Wage
Working Time Regulations
WORKERS AND EMPLOYMENT
DISCRIMINATION
Gender and Sexual Orientation Discrimination
Sexual Orientation
Gender Reassignment
Discrimination on Grounds of Race or Religion or Age
Treatment of employees has come under scrutiny in the last few decades. Legislation has been passed to help facilitate effective regulation of a business/work environment. The areas covered by legislation are: employment contracts, work-related regulations (ie. Breaks and work conditions), minimum wage rates, unlawful/unfair dismissal, and discrimination/harassment on the grounds of gender, sexual preference, race, religious beliefs, disability, and in recent years, age. Legislation of this nature need to be a major concern for employers to not only follow, but implement. Dismissal of legislation could lead to large penalties, associated with compensation and legal fees.
Infringement of employees rights may also lead to a company/organization's poor public image. As most businesses know, maintaining a positive public image leads to customer loyalty as well as higher profits and funding (if it is a non-for profit organization). Receiving bad press from poor employer behavior could devestate and bankrupt an otherwise successful company/organization. The purpose of this bulletin is to show an overview of the main legislation and the core requirements that should be made aware of and followed.
This overview will also discuss the mechanics of enforcing Employment Law. It provides a basic overview of the legislation passed as well as regulation of industrial or trade disputes. The objectives are to: describe the laws governing security staff during an industrial or trade dispute, the responsibility of police to preserve peace and adherence to law concerning for this overview, over industrial or trade dispute.
Security staff must not get involved in any disputes that go past their job duties. However, security staff have to be aware of any directions that management give in connection to access to strikers or their union representatives to a company/organization's premises.Security staff should be edcuated and routintely familiar with:
Legislation concerning industrial or trade disputes
Any and all rights of the employer
Rights of people connected to the dispute
Human rights implications
2. LEGISLATION
In most industrial disputes, the duties of security staff are to protect the company's premises from unlawful intrusion and prevent disruption between parties involved. The main statutes in connection to industrial/trade dispute law are the Trade Unions and Labour Relations (Consolidation) Act 1992 and the Trade Union Reforms and Employment Rights Act 1996. Additional legal provisions concerning miscellaneous responsiblities as well as consequences of industrial or trade disputes are found in the following statutes (see also Miscellaneous Provisions Relating to Trade Disputes later in this bulletin), ie:
Control of Pollution Act 1974
Criminal Law Act 1977
Highways Act 1980
Public Order Act 1986
Minimum Wage Act 1998
Note: common law may have an additional effect upon such disputes.
3. DISPUTES
Legislation defines industrial or trade disputes as:
A dispute between two parties (workers and their employer) in relation to one or more of the following:
Terms and conditions of employment
Expected physical conditions of workplace
Discplinary action concerning: engagement, non-engagement, termination or suspension of employment
Employment duties of one or more workers
Allocation of work
Duties of employment between workers or groups of workers
Workers' membership status with a trade union
Facilities for trade union officals.
Machinery in regards to negotiation or consultation
Miscellaneous procedures in connection with any of the above matters encompassing recognition of employers or employers' associations, representation, consulation, and carry out of trade union rights to represent workers
To briefly summarize, the definition explains a trade or industrial dispute between the workforce and management in relation to:
Terms and conditions of employment
Physical safety of workers (no health hazards, safe work conditions)
Membership trade union status
Expectations with regards to job duties
Displinary actions
Machinery maintenance/repair/evaluation for negotiation or consultation in accordance with the rights of the worker
3.1 Advice on Handling Dismissals
Basic principles concerning key behavior must always be followed such as:
Be direct, assertive, but also respectful, be professional at all times when addressing a problem
Support any comments made with clear answers and evidence to support those answers
Emphasise and clarify any decision made. A final decision must be communicated properly and state there is a right to appeal.
Always have a witness while conducting any dismissals to provide corroboration in the case of any appeal, or in the event of legal action.
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