Rights of representatives.
Representatives and candidates for
election have certain rightsand
protections to enable them to carry out
their function properly. The rights and
protections of trade union members,
including officials, are in some cases
contained in separate provisions to
those of elected representatives but are
essentially the same as those of elected
representatives described below. For
further details of the rights of trade
union members see Union membership:
rights of members and non-members
(PL871).
The employer must allow access to the
affected workforce and to such
accommodation and facilities, eg use of
a telephone, as is appropriate. What is
"appropriate" will vary according to
circumstances.
The dismissal of an elected
representative will be automatically
unfair if the reason, or the main
reason, related to the employee's status
or activities as a representative. An
elected representative also has the
right not to suffer any detriment short
of dismissal on the grounds of their
status or activities. Candidates for
election enjoy the same protection.
Where an employment tribunal finds that
a dismissal was unfair, it may order the
employer to reinstate or re-engage the
employee or make an appropriate award of
compensation (see also Unfairly
dismissed? (PL712)). Where an employment
tribunal finds that a representative or
a candidate for election has suffered
detriment short of dismissal it may
order that compensation be paid.
An elected representative also has a
right to reasonable time off with pay
during normal working hours to carry out
representative duties.
Representatives should be paid the
appropriate hourly rate for the period
of absence from work. This is arrived at
by dividing the amount of a week's pay
by the number of normal working hours in
the week. The method of calculation is
similar to that used for computing
redundancy payments (see Redundancy
payments (PL808)).
What
is employers-solicitors ?