Law In Action (Business) Strand B

1. Law In Action (Business)Strand B Large Group 12 Dealing with a diverse workforce

2. Outcomes • Describe the rules an employer must follow if they recognise a union in the workplace • Explain the role of a trade union representative • Identify areas protected from discrimination in the workplace • Explain the requirement for an unlawful act of discrimination • Identify protected characteristics • List claims that can be made as a result of discrimination in the workplace

3. The Role of the Unions - locally • Negotiating agreements - pay and conditions • Discussing major changes • Discussing members’ concerns • Going with members to disciplinary and grievance meetings • Providing advice and representation at tribunal hearings

4. The wider role of unions “The TUC is the voice of Britain at work. With 54 affiliated unions representing 6.2 million working people from all walks of life, we campaign for a fair deal at work and for social justice at home and abroad. We negotiate in Europe, and at home build links with political parties, business, local communities and wider society.” www.tuc.org.uk

5. Union recognition • The employer agrees to negotiate with the union on pay and conditions • ‘Collective bargaining’ – binds the WHOLE of the ‘bargaining unit’

6. Applications to CAC • TU must first make a formal application to the organisation concerned (employer) • TU must have at least 10 per cent membership and be likely to attract majority support in a ballot • Has employer suggested ACAS involvement?If so, CAC cannot accept application if TU has refused or failed to respond to the suggestion

7. If CAC grants the application… • Parties must then agree a bargaining procedure • If they cannot agree a procedure, the CAC will impose one

8. Failure to pay for time off s.169 TULR (C)A 1992 • Representative is entitled to paid time off to do their union work as long as the union is: • Independent • Officially recognised by the employer

9. Remedy for breach of s.168/169 TULR(C) A 1992 • Declaration • Compensation – amount Tribunal consider just & equitable, having regard: • To employer’s default • To any loss suffered by employee • Skiggs v South West Trains Ltd [2003]

10. The Representative’s Role • Discuss concerns • Accompany employee • Represent the workforce • Collaborate to resolve workplace issues • Consult • Business transfers • Redundancies

11. Discrimination claims 2013/14

12. Protected characteristic? • Tall • Red Hair • 10 stone 

13. Unlawful act • In recruitment – job adverts/interviews • In decision of who to appoint • In work – pay/hours/promotion etc • At dismissal

14. Direct discrimination: s.13 EA 2010 • Has X been treated less favourably (LFT) than others? • Is that LFT because of a protected characteristic? • Associative discrimination and perceived characteristics • Very limited defences

15. Trainup PLC: Indirect discrimination • Applied a PCP to people with whom Joe does not share the protected characteristic • It puts or would put people with whom Joe shares the characteristic at a particular disadvantage when compared with persons with whom Joe does not share it • It puts Joe at that disadvantage

16. s.19 defence • Can the employer show the application of the PCP was: • A proportionate way of achieving a legitimate aim?

17. Outcomes • Describe the rules an employer must follow if they recognise a union in the workplace • Explain the role of a trade union representative • Identify areas protected from discrimination in the workplace • Explain the requirement for an unlawful act of discrimination • Identify protected characteristics • List claims that can be made as a result of discrimination in the workplace