Certificate in Human Resource Management Employment Law Session Five Lawful Treatment at Work – Freedom of Association and Trade Union Recognition Health and Safety 11/22/2018

Human Rights Act 1998 What is meant by Freedom of assembly and association? “the individual right or ability to come together and collectively express, promote, pursue, and defend their ideas.” ‘Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and join trade unions for the protection of his interests’

Trade Unions ‘An organisation (whether temporary or permanent): Which consists wholly or mainly of workers of one or more descriptions and is an organisation whose principal purposes include the regulation of relations between workers of that description or those descriptions and employers or employers associations or Consists wholly or mainly of: (i) constituent or affiliated organisations which have those purposes or (ii) representatives of such constituent or affiliated organisations, and in either case whose principal purposes include the regulation of relations between workers and employers or workers and employers associations, or include the regulation of relations between the constituent or affiliated organisations’

Refusal to Join a Trade Union You can raise a grievance with your employer or agency and may be entitled to make a complaint to an industrial tribunal if you think that: your employer has treated you unfavourably for a reason connected to your trade union membership or your decision not to join a trade union

Industrial Action Under the Trade Union and Labour Relations (Consolidation) Act 1992: All eligible members must be balloted Authorisation of industrial action must be within 4 weeks of the ballot taking place, up to 8 weeks with the agreement of the employer and the trade union At least a 50+1 per cent majority vote in favour of industrial action 7 days notice of strike action must be given

Striking effects If you take industrial action, you’ll probably have broken (be ‘in breach of’) your employment contract and your employer: is unlikely to pay for the work you didn’t do when you took industrial action can sue you for breaking your contract (this doesn’t happen often) If you take industrial action, your employer will reduce your length of service with them by the number of days you were on strike. This is important when working out your pension and things like statutory redundancy pay.

Health and Safety at Work Act 1974 Duties imposed on: Employers Employees Designers Manufacturers Suppliers Importers Independent contractors

Health and Safety at Work Act 1974 Sections: Objectives - secure , prevent and control Employers’ duties towards their employees Duty placed on employers and the self-employed to take care of the safety of non-employees whilst in their remit Duties on whose in control of premises – what do they need to have concern to?

Work-Related Stress

Work-Related Stress What is Stress? ‘…the reaction people have to excessive pressures or other types of demand placed on them. It arises when they worry that they can’t cope’ (Health & Safety Executive)

Work-Related Stress What is stress?

What causes stress in the workplace? Factors intrinsic to the job – working conditions, hours of work, etc. The role in the organisation – overload, under load Interpersonal relationships – especially relationships with superiors Career development – especially mid-life Organisational structure and climate Home/work interface (Cooper 1995)

Work-Related Stress

Work-Related Stress Social effects inability to work in a team inability to control temper and emotions inability to concentrate on what is going on around

Combating Stress Personal level Job level Organisational level

Personal Injury It may be possible to bring a claim for psychological injury as a result of bullying at work You can show you have suffered a psychiatric or physical injury.  The injury was clearly related to the stress you experienced and was reasonably foreseeable (in other words, there was a real risk of harm to your health which your employer knew or ought to have known about). Your employer has breached their duty of care to you in failing to take reasonable steps to prevent or reduce the risk of harm to your health. The harm you have suffered is due to your employer's breach of duty of care.

Personal Injury Personal Injury Personal injury claims are pursued in the County or High Court, dependent upon the size of the claim, not an Employment Tribunal

Bullying No legal definition of workplace bullying (HSE) Negative behaviour includes: Ignoring or excluding you Giving you unachievable tasks or ’setting you up to fail’

Bullying Spreading malicious rumours or gossip Giving you meaningless tasks or unpleasant jobs Making belittling remarks Undermining your integrity Withholding information deliberately Making you look stupid in public Undervaluing your contribution –not giving credit where it is due