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 Unfair
dismissal
Unfair
reference
Union
rep at disciplinary hearing
Redundancy
situation
Returning
to work after maternity leave
Wanting
to work part-time after maternity leave
Been
refused a reference
Q. If I have been
unfairly dismissed, should I appeal or go straight to the tribunal? What
is the time limit for bringing a claim in the tribunal?
A. You should appeal against your dismissal. If you do not
do so any compensation you are awarded may be reduced under section
127 of the Employment Rights Act 1996. A claims to the tribunal must
be brought within 3 months of the dismissal. You should not jeopardise
the time limit by waiting for the outcome of a delayed appeal process
Q. I think I have
been given an adverse and unfair reference from my old employer. What
can I do about it?
A. You can obtain a copy of the reference from the
company who turned you down under the Data Protection Act 1998. You
must apply in writing to the recipient of the reference and you may
be required to pay a small fee. Section 7 as read with Schedule 7 of
the Data Protection Act gives you this right.
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Q. I have been called
to a disciplinary hearing and want to bring my union rep with me. My employer
has refused because they do not recognise my particular union. Can I insist?
A. Under the Employment Relations Act 1999 you have
a right to be accompanied to disciplinary and grievance hearings by
a trade union official or a workplace colleague. If your employer refuses
and you are subsequently dismissed their refusal is likely to make your
dismissal unfair. You can also bring a separate complaint in an Employment
Tribunal if your employer refuses[threatens that it will refuse] to
allow you to be accompanied by the trade union rep or workplace colleague
of your choice. There is a time limit of three months from the date
of the failure/threat within which claims must be brought. If successful
you will be paid compensation of up to two weeks' pay.
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Q. My employer
is proposing to make a large number of employees redundant (35) and it
refuses to give us any information about what is happening. Is my employer
obliged to speak to me about the redundancy situation or can they just
tell me that I am being made redundant?
A. If your employer makes 20 or more people redundant
in a 90 day period it must consult with "appropriate representatives"
and the consultation must begin at the very least 30 days before the
first dismissal. If your employer recognises a union then its officials
will be the "appropriate representatives". Otherwise "appropriate
representatives" will be elected employee reps. The Employer must
allow the representatives access to affected employees including providing
appropriate facilities such as meetings rooms etc.
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Q. I am due to return
to work after taking 18 weeks maternity leave. I have informed my employers
that I want to come back to work full time but they have said that the
person who has been covering my job whilst I have been away is cheaper
and therefore I cannot come back. Can they do this?
A. Employees who wish to return to work after taking
"ordinary" maternity leave i.e. 18 weeks leave are entitled
to their job back. If your employer does not allow you to return then
it will have unfairly dismissed you and you can bring a claim for compensation
in the Employment Tribunal providing your claim is received by the Tribunal
within three months of your notified date of return. On return from
“additional” maternity leave you have the right to the same
job, or if not practical, a similar job on terms and conditions no less
favourable.
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Q. I am due to return
from maternity leave in a few months time and I want to work part-time.
My employer does not have any part-time employees at present but I understand
that I can insist they take me back to my old job on a part time basis.
Is this correct?
A. Currently there is no right to insist on part-time
work. However, your employer may be discriminating against you if it
refuses your request. You should speak to your employer and explain
your reasons for wanting to work part-time e.g. problems in obtaining
childcare. If it refuses you should ask for justification. If you think
your employer's reason is not justified and that part-time or flexible
working is possible you should consider speaking to your employer again
or bringing a formal grievance. If you wish to bring a claim for compensation
because of the refusal you can make a claim in the Employment Tribunal
within three months of the date of refusal. You may also soon have a
right under the New Employment Bill if the Employer does not follow
a statutory process for dealing with your request.
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Q: I've been refused
a reference, do I have a right to a reference ?
An employer is not generally obliged to provide a reference, (unless there's
a term in the contract to that effect or an employee's professional rules
stipulate it should).
A. A reference can be refused because an employee
has issued proceedings against the employer or to preserve the employer's
position in pending litigation. Subject to these two exceptions, an
employee who is refused a reference may have a possible victimisation
claim against their employer, under the Sex Discrimination Act 1975.
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