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A trade union is a group of employees who join together to maintain and improve their conditions of employment.
The typical activities of trade unions include providing assistance and services to their members, collectively bargaining for better pay and conditions for all workers, working to improve the quality of public services, political campaigning and industrial action.
Nearly seven million people in the UK belong to a trade union. Union members include nurses, school meals staff, hospital cleaners, professional footballers, shop assistants, teaching assistants, bus drivers, engineers and apprentices.
Most trade unions are independent of employers but have close working relationships with them.
What trade unions do?
Unions train and organise workplace representatives who help union members with the problems they face at work.
Reps provide support and advice and campaign for better conditions and pay.
Unions have brought significant changes to society, including:
· a national minimum wage.
· the abolition of child labour.
· improved worker safety.
· improving living standards by reducing the number of hours in the working week and encouraging a healthy work/life balance.
· improved parental leave.
· equality legislation.
· better protection of migrant workers and a reduction in exploitation.
· minimum holiday and sickness entitlements.
Unions have also made thousands of local agreements on issues affecting individual workplaces following consultation, negotiation and bargaining.
How trade unions work?
Most unions are structured as a network of local branches with reps in every workplace.
Union reps:
· negotiate agreements with employers on pay and conditions.
· discuss major changes such as redundancy.
· discuss members’ concerns with employers.
· accompany members to disciplinary and grievance meetings.
· help members with legal and financial problems.
Are trade unions legal?
In the UK trade union have a special status in law which gives them special rights that professional associations don’t have.
Employers have to work with recognised unions to:
· negotiate pay and working conditions.
· inform and consult over changes at work such as redundancies.
· make sure that the health and safety of workers is protected.
· Union reps have the right to consult their members and employers. This means that, as a worker, you can have your say about workplace issues.
You cannot be punished by your employer if you join – or don’t join – a trade union.
In some countries around the world, trade unions are illegal. In some places, trade union activists are intimidated, threatened and sometimes killed just for trying to get fairer conditions for workers.
Why join a trade union?
In workplaces where there are unions, members benefit from the strength and security that comes from working together to tackle problems.
Employees at unionised workplaces earn around 12.5% more than non-unionised workplaces.
The major benefits are:
· better working conditions such as improved health and safety or pay.
· training for new skills to help you develop your career.
· advice on your legal employment rights.
· advice on finance and problems at work.
· Trade unions may also represent their members’ interests outside the workplace. For example, trade unions may lobby the government or the European Union on policies which promote their objectives.
Recognised trade unions.
Workplaces in different sectors have recognised trade unions they choose to work with. You should ask your employer which trade union they recognise.
If you belong to a trade union other than the one your employer recognises, your union may have less say in issues that affect you in the workplace.
A trade union representative (‘rep’) is a union member that represents and gives advice to colleagues when they have problems at work.
Trade union reps are not paid but they do get paid time off to do their work as a rep.
Reps are there to:
Employers must consult with union reps if:
You have the right to be accompanied by your union rep to some meetings with management - for example, if:
If your union rep cannot attend, you may be able to rearrange the meeting or ask a work colleague to go with you.
If you want to become a union rep, ask another rep in the workplace or contact your union through its website. Depending on union rules, you may be appointed or elected.an answer to this item.
There is no difference between a steward and a representative. The word steward refers to the term 'shop steward' who were historically active in industries such as manufacturing and industry and the use of the word 'representative' usually refers to a specialist role such as Health and Safety Rep or Learning Rep for example
You have the right to:
Your employer is not allowed to:
An employer or employment agency is not allowed to insist that you:
Your employer is not allowed to dismiss you or choose you for redundancy because you:
Your employer must not treat you unfavourably (for example refusing you promotion or training opportunities) if you:
A member must have joined at least four weeks before the incident or occurrence that leads them to seek that assistance.
After 4 weeks, you're entitled to the full support available to any member of UNISON, up to and including full representation in formal meetings and legal advice (unless this is for a 'pre-existing issue' ).
Collective bargaining is the process of negotiation during meetings between reps and their employer, often to improve pay and conditions. The collective bargaining process allows workers to approach employers as a unified group.
The aim of collective bargaining is to reach an agreement between employers and workers. Members can contribute to discussions by talking to their reps while negotiations take place.
Workplace bargaining and negotiating is also a golden opportunity to build a strong local union. Claims and agreements are a great way of recruiting new members and getting more members involved in the union.
For reps to carry out collective bargaining on pay and working conditions, unions need to be ‘recognised’ by the employer as speaking on behalf of our members. This is usually achieved through a recognition agreement which sets out the procedures for negotiations between management and the unions, and the facilities (such as time off) available to the unions.
Flexible working
Flexible working practices offer benefits both for the individual and the organisation and, wherever possible requests for flexible working will be supported as it is important to help individuals to balance their work and home life. Each application will be considered based on the individuals area of work and any detrimental effect the change could have on individual or team performance. An application can be refused if there are good business or operational reasons for doing so. There is no percentage of time set of how much time must be worked alongside a rota. Each request should be considered with reference to the business and operational needs of the team / department.
All employees have the legal right to request flexible working - not just parents and carers. This is known as ‘making a statutory application’. Employees must have worked for the same employer for at least 26 weeks to be eligible. Under current employment law the employer has a legal right to refuse the request by giving a good business or operational reason why it cannot be accommodated.
What employers must do?
Employers must deal with requests in a ‘reasonable manner’.
Examples of handling requests in a reasonable manner include:
· assessing the advantages and disadvantages of the application
· holding a meeting to discuss the request with the employee.
· offering an appeal process
Read the Advisory, Conciliation and Arbitration Service (Acas) code of practice on flexible working requests.
An extract from the Agile working policy.
Agile working requires a new way of thinking about work that focuses on what an individual is expected to deliver. It provides the individual with autonomy to decide where, when and how this can be achieved to optimise performance and do their best work whilst meeting business need and in accordance with agreements in the team about how agile working will work.
Surrey Police and Sussex Police are committed to providing estate that is fit for purpose and that supports new ways of working. Workplaces will be designed to support modern, efficient and more flexible ways of working including the creation of activity-based settings where individuals in many teams will have a choice of spaces to use depending on the nature of the work they are undertaking at that time. This could include working within a quiet area or more collaborative space at their normal place of work, working from another police site, at home or another suitable location.
Flexitime
Your Contract of Employment will state whether you are subject to the flexitime scheme.
The flexitime scheme provides flexibility for both police staff and the organisation in dealing with peaks and troughs in workloads and compensating police staff with time off for any extra workload.
The working of flexitime must be agreed with your line manager. Subject to agreement with line managers, you can plan your start and finishing times and refreshment breaks if you complete your contracted hours across your agreed rostered days of duty, as specified within your contract of employment.
Your line manager will inform you of the core hours you are required to be at work. Time worked in excess of this may be accrued as flexitime to be taken as paid time off at a later stage or to permit you to start late or finish early on a given day.
The flexitime policy sets out how the hours accrue and the periods in which they may be taken, on a month-by-month basis. A maximum of 14.8 hours of flexitime can be carried over from one month to the next. You can be in deficit of flexitime up to 14.8 hours. These hours will be pro-rated for part-time workers.
You may only take the flexitime off with prior authorisation of your line manager and it must be booked off through the SAP Portal.
No payment will be made for outstanding credit of flexitime accrued but untaken at the expiry of the relevant period.
Pregnant employees have 4 main legal rights:
‘Antenatal care’ is not just medical appointments - it can also include antenatal or parenting classes if they’ve been recommended by a doctor or midwife.
Employers cannot change a pregnant employee’s contract terms and conditions without agreement - if they do they are in breach of contract.
Employers must give pregnant employees time off for antenatal care and pay their normal rate for this time off. The father or pregnant woman’s partner has the right to unpaid time off work to go to 2 antenatal appointments.
Maternity leave and Statutory Maternity Pay will start automatically if the employee is off work for a pregnancy-related illness in the 4 weeks before the baby is due - it does not matter what has been previously agreed.
If the employee is not taking Statutory Maternity Leave, they must take 2 weeks off after the baby is born - or 4 weeks if they work in a factory.
Employees must tell their employer about the pregnancy at least 15 weeks before the beginning of the week the baby is due.
If this is not possible (for example because they did not know they were pregnant) the employer must be told as soon as possible.
Employees must also tell the employer when they want to start their Statutory Maternity Leave and Statutory Maternity Pay.
Employees cannot take time off for antenatal appointments until they’ve told the employer about the pregnancy.
When the employee tells their employer they’re pregnant, the employer should assess the risks to the employee and their baby.
Risks could be caused by:
Where there are risks, the employer should take reasonable steps to remove them. For example, offering the employee different work or changing their hours.
The employer should suspend the employee on full pay if they cannot remove any risks. For example, offering suitable alternative work.
For full details about the regulations see the Health and Safety Executive website.
Pregnant employees who think they’re at risk but their employer disagrees should talk to their health and safety or trade union representative. If your employer still refuses to do anything, talk to your doctor or contact the Health and Safety executive.
It is against the law to discriminate against anyone because of being pregnant.
Read the Acas guide on pregnancy and maternity discrimination for more information.
When you go on maternity you will be on full pay (if eligible) from the force and will continue to pay your subs to Unison as normal. After 272 days your salary will go down to receiving the statutory maternity pay only. During this period your subs can be put on hold until you return to work.
This allows you to be able to continue membership without the stress of paying subs when your salary has been reduced.
We do advise to keep your membership so that you can have our support should you need it whilst off or when you return to work which is an area that can be tricky if you are wanting to reduce your hours. If you cancel you would have to start again and the four-week rule would apply.
We are usually informed by the pay office when a member is going on maternity leave, and a note is made of the dates and a reminder is set to freeze subs after the 272 days. However, it is not guaranteed that payroll will have informed us so it would be beneficial if you could email us or complete the form in the 'Contact Us/Update details' section of this website when your maternity leave starts to ensure that you do not slip through the net.
Members on direct debit payments with unison subs must inform the branch, those on salary payroll deductions will automatically be amended.
You can also contact us if you notice after you go on to statutory maternity pay that your subs are still being taken out and they will be adjusted as necessary. We also need to know when you have returned to work and what hours you are going to be working as this may change your subs bracket and there will be a need to make an adjustment on your record.
The Equality Act 2010 legally protects people from discrimination in the workplace and in wider society.
It replaced previous anti-discrimination laws with a single Act, making the law easier to understand and strengthening protection in some situations. It sets out the different ways in which it’s unlawful to treat someone.
Before the Act came into force there were several pieces of legislation to cover discrimination, including:
See the section titled 'What can do if I suffer discrimination?' for the relevant areas covered by the Equality Act 2010.
UNISON campaigns and supports members to make sure everyone is treated fairly and equally at work.
Disability Discrimination
Around 20% of the workforce is disabled and disabled people are often discriminated against at work. UNISON works to change attitudes in society so that people with disabilities are better able to play an equal part in life and at work.
Disabled workers are often discriminated against. UNISON plays an important role in organising and bargaining for a fair deal for members with disabilities. People with disabilities make up 20% of the workforce and around 10 million people in Britain have a disability or long-term health condition.
The 2010 Equality Act protects the rights of disabled people in the workplace as well as providing some protection to people associated with disabled people, such as carers. The Act covers anyone with a physical or mental impairment that has a substantial and long-term adverse effect on their ability to carry out day-to-day activities.
It also includes those who have been disabled in the past. People with cancer, HIV or multiple sclerosis are automatically regarded as disabled for the purposes of the Equality Act and the DDA. A severe disfigurement may also amount to a disability.
As well as disability discrimination, the 2010 Act protects people from other forms of discrimination, including:
People are not allowed to discriminate against disabled people because of their particular disability, or because of something arising in consequence of their disability (unless, in Great Britain, their employer can show it to be a proportionate means of achieving a legitimate aim).
In the workplace, this means treating people equally in all aspects of their work, including:
Employers are also expected to make special arrangements – described as ’reasonable adjustments’ in the law – that help people with disabilities do their jobs properly. These ‘adjustments’ could cover changes to the job itself or providing equipment that makes the job easier to do.
There is no definitive list of these ‘reasonable adjustments’. The best way to bring about the changes you need is to make an informal agreement with your employer. Your UNISON representative is there to support you if you need help.
UNISON supports the social model of disability. This means we believe it is the way society organises itself and people’s attitudes that stop disabled people from taking an equal part in life, rather than their physical or mental conditions or ailments. As a union we campaign on important issues such as:
UNISON’s work on disability discrimination is often led by our disabled members.
Age discrimination
No-one – young or old – should be treated differently at work because of their age. UNISON works to reduce age discrimination in the workplace by changing attitudes and negotiating with employers.
People may be discriminated against because of their age. Young people may experience age discrimination by being belittled, passed over for jobs or being paid poor wages just because they are young, and older people may be denied jobs or refused work because an employer believes they are too old.
Equality is an important issue for UNISON. We campaign against age discrimination wherever we find it – just as we work to reduce discrimination based on disability, gender, gender identity, pay, race, religion/belief, marriage and civil partnerships and sexual orientation.
Every member of UNISON can help promote equality and fight discrimination in their workplace – and that means considering how we treat each other as well as how employers treat us.
The 2010 Equality Act combines previous discrimination and equality laws in a single act. Discrimination because of a person’s age is treated differently from other types of discrimination because the law permits employers to discriminate because of a person’s age in a wider range of situations, if the employer can show that what it has done is justified. This is referred to as “a proportionate means of achieving a legitimate aim”.
Age discrimination exceptions include:
Age discrimination may be deeply engrained in the workplace. Although the law prohibits age discrimination, you can help change attitudes by:
Race discrimination
People of every race are entitled to equal rights at work. This section explains how to deal with race discrimination in the workplace and what to do if you are discriminated against.
Your race can include your skin colour, nationality, ethnicity and country of origin. Employers must not unlawfully discriminate on the grounds of race. There are many ways in which employers could unlawfully discriminate. These can include:
If your employer or potential employer fails to stop any of these things occurring, they may be discriminating.
It doesn’t matter if the race discrimination is deliberate or purposeful, or whether the person committing the act of discrimination thinks it is “harmless fun”. The law exists to prevent discrimination and punish those who discriminate.
Racial discrimination legislation covers all aspects of employment, including:
In certain circumstances, it can extend to protection after the working relationship has ended. Discrimination can happen in any of these areas, and may be direct or indirect.
Indirect race discrimination
If your employer has set up working practices that disadvantage those from a particular racial group, they are breaking the law unless the employer can show that the working practice in question is justified – in other words, that it is a proportionate means of achieving a legitimate aim.
Your rights
You have the right to equal pay, benefits and conditions with your co-workers. You also have the right to work with no fear of discrimination. If your employer allows racial discrimination in the workplace, they are breaking the law.
You also have the right not to be victimised for taking action against racial discrimination. You cannot, for example, be called to a disciplinary meeting for complaining that you have been discriminated against at work.
Remember, discrimination need not be a deliberate act and people may not know they are discriminating. If you have issues regarding your racial equality rights, contact your Unison rep.
Positive action
Positive action is a form of lawful discrimination that is allowed if a particular racial group is under-represented in the workplace or if that group is reasonably thought to suffer from a particular disadvantage. This may include support and training for people of a particular racial group.
If you are being discriminated against, you should contact your line manager. If you do not feel that the issue has been successfully resolved, you should contact your local UNISON rep, who will advise you of the next course of action.
Remember, strict time limits apply when claiming discrimination at work (usually three months less one day), so make sure you contact your rep immediately.
Key Facts
Gender Discrimination
Sex discrimination may occur when men or women receive unequal pay or benefits, or when one group receives better jobs, better promotion prospects or treatment. UNISON campaigns for fairer pay and conditions for all workers, regardless of their gender.
Men and women have the right not to be discriminated against at work because of their gender.
Some employers have outdated ideas about what work is appropriate for women, what work is appropriate for men, and how that work should be rewarded. Some employers allow or ignore sexual harassment in the workplace or apply rules that put either women or men at an unfair disadvantage.
Although there has been an Equal Pay Act in force in the UK since 1975, women still earn an average of 19.8% less than men, according to the Office for National Statistics.
More than two thirds of UNISON members are women. As well as earning less than men, women are more likely to face sex discrimination and harassment at work.
Many women also have caring commitments and have to juggle work and home commitments, so they are more likely to work part-time, to take career breaks or be overlooked for promotion. All these factors combine so that women also receive much lower pensions and many women retire into poverty.
These are just some of the reasons why UNISON takes sex discrimination seriously. We are committed to leading negotiating and campaigning on women’s rights at work and in the community and to fighting sex discrimination wherever it arises.
2010 Equality Act
Sex discrimination is one of the areas covered by the 2010 Equality Act which includes legislation against many forms of discrimination.
The 2010 Equality Act aims to protect everyone’s rights in all areas of their lives. As well as sex discrimination, the 2010 Act protects people from discrimination in these areas:
Under the legislation, people are not allowed to discriminate, harass or victimise another person just because they fall into one of these categories. In the workplace, this means treating people equally in all aspects of their work:
The law defines four types of sexual discrimination:
There are many areas of potential conflict under the general heading of sex discrimination. These include issues around pregnancy and maternity, equal pay, family-friendly working, part-time working, relationships at work, recruitment, bullying and harassment, redundancy and even dress codes.
One of the fundamental principles we stand for at UNISON is equal pay. Nobody should be paid less because of their gender.
The law says that people doing the same or similar work, work which is of equal value or work that has been rated as equal through job evaluation must be paid the same – this is a principle that we defend using negotiation, litigation and direct action.
Religious Discrimination
Religious discrimination in the workplace occurs when a person is treated less favourably than others because of their religion or belief. The Equality Act offers legal protection against religious discrimination.
Employers must aim to treat everyone in the workplace fairly, regardless of religion or belief.
While religion is generally practiced outside the workplace, there may be times when religious life and working life come into contact, such as when people wear religious clothing. Employers can impose a dress code, but it is good practice to ensure the rules to be followed make appropriate allowances for employees to observe religious practices, where possible.
Employers should allow you time off to observe religious holidays and practices, if it does not interfere with business. A refusal could amount to discrimination if the employer cannot explain its reasons for the decision.
You do not have to give information to your employer about your religion, but if you do, it will help them meet your needs. Your employer should have policies and procedures in place to prevent religious discrimination occurring in the workplace.
What might be considered religious discrimination?
Unlawful discrimination of a worker because of their religion can include more than abusive comments or offensive jokes. Discrimination or bullying on religious grounds may cover workplace rules, or policies in employment, or a refusal to offer a person work because of their religion.
Harassment and bullying at work
The law protects workers from “harassment” and this can cover most forms of workplace bullying. The behaviour complained about must occur because the claimant has a particular characteristic covered by the Equality Act, such as religion.
Bullying at work can happen when someone intimidates or offends another. The behaviour can occur in front of co-workers, in writing, over the phone, or by email. You may be being bullied if you are:
A lot of people tolerate bullying and hope it will stop, but such behaviour often continues until someone takes action.
You cannot make a legal claim directly about bullying under the Equality Act but you may be protected if the behaviour amounts to harassment. Any person experiencing unwanted conduct that occurs because of their religion (in this example, but the same applies to all of the other protected characteristics, such as race) might have grounds for making a complaint.
If you are affected by an intolerable workplace situation and might be thinking of resigning, you should speak to a UNISON rep without delay, and always before taking such action.
If you think you are being bullied or discriminated against because of your religion, you should speak to someone about the issue. It’s a good idea to keep a written record of every incident as supporting evidence of your treatment. Try to deal with problems informally first, which might mean speaking to your employer or UNISON rep.
Deal with discrimination and bullying concerns by:
The Equality Act covers discrimination at work, making it unlawful for employers to treat you less favourably than others because of your religion or belief (this is direct discrimination).
The act makes it unlawful for employers to have a rule, policy or practice which someone of a particular religion or belief is less likely to be able to meet than others (indirect discrimination).
The act also makes harassment and victimisation unlawful. The part of the act that applies specifically to organisations in the public sector is called the Public Sector Equality Duty.
The police deal with hate crimes, which are criminal offences committed against a person or property caused by hatred of someone because of their religion, as well as the other protected characteristics (i.e. race, colour, ethnic origin or nationality for example).
Sexual Orientation
It is unlawful to treat a person unfavourably at work because of sexual orientation. The most common form of sexual orientation discrimination is harassment, such as prejudiced comments or abuse, exclusion or over-supervision. UNISON works to end discrimination and promote equality for all.
Sexual orientation is attraction to people of the same sex (lesbian or gay), the opposite sex (heterosexual or straight) or people of either sex (bisexual).
The law protects everyone, but it is lesbian, gay and bisexual workers who are most likely to face this type of prejudice and discrimination.
Eliminating discrimination at work helps to make sure everyone has equal opportunities and a fair chance to develop their skills, and is treated with dignity and respect.
Your employer must not discriminate against you and must take all reasonably practicable steps to ensure that others do not discriminate against you whilst at work on grounds of sexual orientation.
The Equality Act 2010 protects workers from many forms of workplace discrimination, including sexual orientation.
The most common form of sexual orientation discrimination is harassment, such as prejudiced comments or abuse, exclusion or over-supervision.
This includes actions such as homophobic comments made to you even if you are not and are not perceived to be homosexual. It could also be reflected in an employee’s terms of employment, such as access to family friendly benefits, or a refusal to offer employment, promotion or training.
Sexual orientation harassment at work occurs when someone engages in unwanted conduct related to sexual orientation which has the purpose or effect of violating a person’s dignity or creating an intimidating, hostile, degrading, humiliating or offensive environment. You may be being harassed if you are:
A lot of people put up with harassment, hoping it will go away. But it usually won’t stop until someone takes action.
Complaints can be made under the Equality Act if you are being harassed or otherwise treated less favourably because of sexual orientation.
If you are forced to resign, you may also be able to make a constructive dismissal claim which can itself amount to an act of discrimination.
However, you should always try and seek advice before resigning.
If you think you are being harassed or otherwise discriminated against because of sexual orientation, it is advisable to start keeping a written record of every incident.
Initially, discrimination may be best addressed informally but there are other things you can do.
The Equality Act regulations protect all employees from discrimination and harassment at work because of sexual orientation.
It covers all types of employment and workers, including apprentices, those working under contract and the self-employed.
The act and the regulations cover discrimination at work and makes it unlawful:
Employers should have a policy that prevents discrimination in recruitment, pay, training, selection for promotion, disciplinary actions or grievances.
The public sector equality duty part of the act requires public-sector organisations to have due regard to the need to eliminate discrimination and promote equality and good relations in the workplace.
Equality duties deal with eight areas: gender; pregnancy and maternity; disability; race; sexual orientation; gender reassignment; age; religion or belief.
The main aim of this legislation is to eliminate unlawful discrimination and promote equal opportunities.
Public-sector bodies are required “to have due regard” to the need to eliminate discrimination, harassment, victimisation and any other conduct prohibited by the Equality Act 2010. This also applies to the protected characteristics of marriage and civil partnerships, as well as to the other eight areas listed above.
In addition, public authorities are also required to have regard to the desirability of promoting good relations between persons of different religious belief, political opinion, and racial groups.
The statutory obligations are implemented through equality schemes, approved by the Equality Commission, and by screening and carrying out equality impact assessments on policies.
Employers who are public authorities must actively encourage equality in the workplace.
This legislation applies to public authorities and bodies who are not public authorities but who “exercise public functions”; though only in respect of those public functions.
An example: gender equality duty in practice
If a public authority wants to increase the number of women working in a particular district, it should actively encourage women into the workplace.
There may be reasons why an area has fewer female workers. This may be due to security issues on public transport, for example.
In this case, the public authority should give women an equal chance of working in the roles. This could involve tackling the public transport security issues, which could be done by supplying safer transport to work or by allowing more flexible working hours.
Equality duties apply to public sector employers, but can apply to private sector employers in some cases.
To find out if your employer is required to fulfil equality duties, get in touch with your local UNISON rep.
Transgender discrimination
Transgender people can experience discrimination at work because of their gender history or gender expression. UNISON works to end discrimination and promote equality for all.
Transgender people are those whose gender identity or expression doesn’t conform to the sex they were assigned at birth. The relevant legislation uses the term transsexual.
Some transgender people decide to live permanently in the opposite gender to their birth gender (gender reassignment or transition). This may involve medical and surgical procedures which can take months or years to complete.
People are protected against harassment or discrimination in the workplace because of their gender reassignment under the Equality Act 2010.
Employers must offer the same opportunities to every employee and treat everyone in the workplace fairly and with respect, regardless of whether they are transgender or not.
Unlawful discrimination against a worker because of gender reassignment includes less favourable treatment, such as not offering the worker employment, less favourable terms and conditions, fewer opportunities for promotion and training or dismissal.
A person harasses another if they engage in unwanted conduct related to gender reassignment, which has the purpose or effect of violating the other person’s dignity or of creating an intimidating, hostile, degrading, humiliating or offensive environment.
It also extends to situations where a person is treated less favourably because they have rejected or submitted to the conduct. You may be being harassed on grounds of gender reassignment, if you are:
A lot of people put up with less favourable treatment or harassment, hoping that it will stop. But it usually won’t stop until someone takes action.
Complaints can be made under the Equality Act. If you are forced to resign, you may be able to make a constructive unfair dismissal claim. However, wherever possible, you should seek advice before you resign.
If you think you are being harassed or otherwise discriminated against because you are transgender, or because someone thinks you are, you must take action. Begin by keeping a record of incidents.
Deal with discrimination and bullying by:
The Equality Act protects workers from being discriminated against because of gender reassignment.
They protect people who are undergoing or have undergone gender reassignment, people who are considering undergoing gender reassignment and people who are incorrectly perceived to be transgender.
It is not necessary for people to have any medical diagnosis or treatment to gain this protection: it is a personal process of moving away from one’s birth gender to the preferred gender.
The public sector equality duty part of the legislation requires public-sector organisations to actively eliminate discrimination and promote equality and good relations in the workplace.
Bullying and harassment
Many members may face bullying and harassment at work, but everyone is entitled to work in a safe environment, free from intimidation or abuse. Your UNISON rep can help you stop bullying and create a safer workplace.
Bullying and harassment are common problems affecting many members at work. But both bullying and harassment are unacceptable, and the law makes it clear that all employees have the right to work in a safe environment.
Your employer is responsible for creating and maintaining a safe workplace, free from bullying, intimidation and harassment. Employees are protected by a combination of employers’ policies and legislation.
If you or someone you know is affected by bullying and harassment, contact your UNISON representative for advice.
Bullying includes:
The bullying does not need to relate to a protected characteristic (discussed below) but unless it does, or is of a sexual nature, it is not prohibited by the Equality Act 2010.
Harassment is defined as unwanted conduct that has the purpose or effect of violating the dignity of people in the workplace or of creating an intimidating, hostile, degrading, humiliating or offensive environment.
To be protected under the Equality Act, it must be related to gender reassignment, disability, age, sex (or be of a sexual nature), sexual orientation, race, religion or belief or nationality. It may be an isolated incident or come up again and again.
Harassment includes bullying if it relates to one of the protected characteristics listed above.
A key factor in determining whether harassment has occurred is whether the actions or comments are viewed as demeaning and unacceptable to the recipient.
A few examples of bullying/harassment could include:
There are a few simple steps you can take if you are affected by bullying at work:
UNISON works at many levels to tackle bullying and harassment in the workplace:
Tackling prejudice and xenophobia
The information and resources on this page have been developed to support activities by UNISON branches and members to challenge the toxic debate around immigration.
People have come from all over the world to help deliver public services to all of us and they have made the UK their home. Our world-class public services are there for everyone. And we rely on people of all different races, religions and backgrounds to deliver them. Such values come under pressure in the face of cuts to public services, just when they are needed the most. When times are tough, we need good local public services more than ever.
The information and resources on this page have been developed to support activities by UNISON branches and members to challenge the toxic debate around immigration. This page will also signpost campaigns and appeals to support asylum seekers and refugees in the UK, who find themselves under greater pressure than ever before.
In UNISON, we speak up against prejudice in the workplace – and beyond. However, it can be hard to know exactly what to say, especially on contentious issues. Two leaflets, ‘Challenging Prejudice’ and ‘Stand together’ aim to help start a dialogue rather than a confrontation, the essential building blocks of trust and respect in the workplace. A third leaflet, ‘UNISON – a union for all’ is aimed at our migrant worker members, with details of how they access resources, support and activities in the union.
These leaflets are also available to order in a compact paper version to hand out.
The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) is a law designed to protect the rights of employees when a business transfers from one owner to another.
This means that if your organisation or part of your organisation changes from one owner to another, your employment terms and conditions (save in respect of occupational pension schemes) are protected and you automatically become an employee of the new employer.
If you work in the public sector and you are transferred to the private sector, you are covered by TUPE.
TUPE also covers service provision changes where a person ceases to carry out activities on their own behalf and instead the activities are carried out by another person on their behalf (or in reverse). Under changes to TUPE introduced in early 2014, activities carried after the change in service provider must be fundamentally the same as those that were carried out by the person who ceased to carry them out.
This service provision change is sometimes known as contracting out or outsourcing. It also covers situations where outsourcing has already occurred but there is a change in the contractor carrying out those services.
TUPE does not however cover changes in company ownership. If you remain employed by the same company, there has not been a TUPE transfer, even if ownership of the company has changed.
TUPE Plus (TUPE+)
TUPE + is not a legal term and is a phrase sometimes used to refer to additional protections that may be available to staff transferring from the public to private sector.
TUPE+ helps combat the emergence of a two-tier workforce, where new employees have less favourable conditions and pay than employees transferred from the public sector. Read more about two-tier workforces
Under the Code of Practice on Workforce Matters in Local Authority Service Contracts 2003, new recruits:
However the 2003 Code of Practice was revoked with immediate effect on 23 March 2011, although it continues to have effect with regard to contracts entered into before that date. The code has been replaced by a voluntary statement of “Principles of Good Employment Practice for Government, Contracting Authorities and Suppliers”.
This merely provides that “Where a supplier employs new entrants that sit alongside former public sectors workers, new entrants should have fair and reasonable pay, terms and conditions. Suppliers should consult with their recognised trade unions on the terms and conditions to be offered to new entrants.” Pensions are not specifically mentioned.
TUPE+ also aspires to include the following fair employment policies, achieved by unions negotiating with the employer:
When may TUPE apply?
Public sector employees are sometimes transferred to the private sector when the following circumstances take place:
Key TUPE facts
TUPE protects your working rights when you transfer to your new employer.
TUPE and service provision changes
A service provision change happens when an employer outsources (contracts out) a service. For example, a local education authority outsources school meals to a private company which it previously provided using its own employees.
It also covers situations where outsourcing has already occurred but there is a change in the contractor carrying out those services or when a company decides to bring the service in house.
Again, the service must be fundamentally the same as those carried out before the change.
Service provision changes are common, particularly in work contracts for catering, cleaning or security.
If you are employed by a large company which decides to use an outside company to organise the work, your job and employment terms and conditions could be protected under TUPE except when the contract is:
wholly or mainly for the supply of goods for the company’s use;
when the service carried out is for a single event or for a task of short term duration.
What should employers do?
Employers are required to provide representatives of employees affected by transfers of ownership with specific information about a proposed TUPE transfer sufficiently in advance to allow voluntary consultation to take place.
If the employer of any affected employee envisages taking measures in respect of that affected employee, they must consult with the representatives of that employee with a view to reaching agreement with the affected employee in respect of the intended measures.
Employees who object to being transferred should write an objection letter as early as possible. If the employee objects they will not transfer but their contract of employment with their existing employer may, subject to certain conditions, be treated as terminated without the employee being regarded as having been dismissed. This would leave the employee without a job but unable to claim unfair dismissal.
Employers may provide employment counselling for employees affected by the transfer.
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