LRD guides and handbook September 2020

Defending terms and conditions - a legal guide for union reps

Introduction

Introduction [page 3] (311 words)

This LRD guide explains the laws available to unions organising to defend terms and conditions and shares examples of successfully negotiated gains ...
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Chapter 1

1. Defending contract terms [ch 1: page 4] (381 words)

Many employers are responding to the economic crisis by seeking to impose inferior terms and conditions, often as an alternative to redundancy. This ...
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Identify members’ existing contract terms [ch 1: page 5] (394 words)

Implied contract terms [ch 1: page 6] (417 words)

Responding to unilateral contract variation [ch 1: page 7] (221 words)

Contract breach [ch 1: pages 7-8] (418 words)

Enforcement of contractual rights [ch 1: page 8] (114 words)

Unlawful deduction of wages [ch 1: pages 8-10] (635 words)

Enforcement [ch 1: page 10] (117 words)

Unfair dismissal [ch 1: pages 10-11] (192 words)

Imposing inferior contract terms can sometimes be a dismissal [ch 1: pages 11-12] (486 words)

Constructive dismissal [ch 1: page 12] (162 words)

Dismissal and re-engagement [ch 1: pages 12-13] (590 words)

Enforcement [ch 1: page 14] (124 words)

“Flexibility” terms [ch 1: pages 14-18] (1,908 words)

What about zero-hours contracts? [ch 1: page 19] (455 words)

Remember TUPE [ch 1: pages 20-21] (484 words)

Acas Early Conciliation [ch 1: page 21] (61 words)

What action can members take to defend contract terms? [ch 1: pages 21-22] (309 words)

Chapter 2

2. Key statutory rights [ch 2: page 23] (44 words)

This chapter summarises the main rights to pay and conditions that are relevant to a negotiation over these issues. Attempts by an employer to reduce ...
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National Minimum Wage rights [ch 2: page 23] (127 words)

Homecare workers on nightshifts and the NMW [ch 2: pages 23-24] (254 words)

NMW rates [ch 2: page 24] (232 words)

NMW — key points [ch 2: pages 24-26] (588 words)

NMW record keeping [ch 2: page 26] (94 words)

NMW enforcement [ch 2: page 26] (134 words)

Payslips [ch 2: page 26] (55 words)

Pensions [ch 2: page 27] (171 words)

Pensions and furlough [ch 2: page 27] (97 words)

GMB union warns over employers using Covid-19 to threaten pension cuts [ch 2: pages 27-28] (156 words)

Sick pay and health-linked absences [ch 2: page 28] (205 words)

Enforcement [ch 2: page 28] (86 words)

COVID issues — sickness absence and sick pay [ch 2: page 29] (371 words)

General statutory health and safety duties [ch 2: page 30] (270 words)

Employees who cannot attend work due to health risks [ch 2: pages 30-31] (170 words)

Paid maternity suspension [ch 2: page 31] (161 words)

Right to withdraw from work because of serious and imminent danger [ch 2: page 31] (170 words)

Bargaining over pay for self-isolation and shielding [ch 2: pages 32-33] (576 words)

Working at home [ch 2: page 33] (158 words)

Home working — some key points [ch 2: pages 33-35] (634 words)

Holidays [ch 2: page 35] (180 words)

Key points — holidays and Covid-19 [ch 2: page 36] (293 words)

Other working time rights — in summary [ch 2: pages 36-37] (211 words)

Parental time off rights [ch 2: page 37] (199 words)

Parental time off rights — key points [ch 2: pages 37-38] (325 words)

Redundancy rights [ch 2: pages 38-39] (205 words)

Public sector redundancy pay [ch 2: page 39] (368 words)

Chapter 3

3. Equality rights [ch 3: page 40] (327 words)

This Chapter summarises the key equality rights available to support a negotiation over pay and conditions. These rights are enforced in the ...
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Equality Act 2010 [ch 3: pages 40-41] (149 words)

Direct discrimination [ch 3: pages 41-42] (513 words)

Indirect discrimination [ch 3: pages 42-43] (333 words)

The duty to make reasonable adjustments for disabled workers [ch 3: page 43] (148 words)

Using the public sector equality duty [ch 3: pages 43-44] (302 words)

Fixed-term (temporary) employees [ch 3: pages 44-45] (372 words)

Part-time workers [ch 3: pages 45-46] (379 words)

Temporary agency workers [ch 3: pages 46-47] (398 words)

Abolition of the Swedish derogation exemption [ch 3: page 47] (150 words)

Key information document [ch 3: pages 47-48] (224 words)

Chapter 4

4. The statutory right to consultation [ch 4: page 49] (171 words)

Recognised unions must be informed and consulted collectively whenever an employer proposes to dismiss 20 or more employees at one establishment ...
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Who must be consulted [ch 4: pages 49-50] (433 words)

Obligation to provide information [ch 4: page 50] (137 words)

When must this collective consultation begin? [ch 4: page 51] (187 words)

What must collective consultation cover? [ch 4: pages 51-52] (408 words)

When does collective consultation end? [ch 4: page 52] (103 words)

Reps' rights during consultation [ch 4: page 52] (129 words)

Checklist: collective consultation during COVID-19 [ch 4: pages 52-53] (252 words)

Failure to consult — the protective award [ch 4: pages 53-54] (255 words)

Consultation over pension changes [ch 4: page 54] (51 words)

TUPE consultation [ch 4: page 54] (217 words)

Chapter 5

5. Trade union rights [ch 5: page 55] (55 words)

This Chapter summarises the key rights that are available to trade unions to support organising and collective bargaining over terms and conditions. ...
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Recognition and collective bargaining [ch 5: page 55] (331 words)

Ban on inducements to end collective bargaining [ch 5: pages 55-57] (838 words)

Statutory information rights for recognised trade unions [ch 5: pages 57-58] (259 words)

Enterprise-level bargaining during the pandemic — some examples [ch 5: pages 58-59] (271 words)

Safety rep information and consultation rights [ch 5: pages 59-60] (585 words)

Case studies — successful bargaining over safe return to work [ch 5: page 61] (268 words)

Union time off rights [ch 5: pages 61-62] (202 words)

Protection for union members [ch 5: page 62] (62 words)

Chapter 6

6. Organising to defend terms and conditions [ch 6: page 63] (164 words)

Joining a union — and taking an active role in it — is the most effective way of defending terms and conditions in a crisis. ...
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Encouraging the employer to think long-term [ch 6: pages 63-64] (228 words)

Equality [ch 6: page 64] (76 words)

Shame employers that fail to do the right thing [ch 6: page 64] (457 words)

Safety [ch 6: page 65] (74 words)

Organising during the pandemic [ch 6: pages 65-66] (157 words)

Case study — ‘Sheffield Needs a Pay rise’ [ch 6: page 66] (323 words)

Further information

Further information {pages 67-68] (450 words)

Copies of the legislation referred to in this guide are available from: www.legislation.gov.uk. In Northern Ireland, legislation is published on the ...
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