2. Intro to Workplace Relations: Trade Disputes, Secret Ballots & Picketing | ACAS | Employment Tribunals

Question 1

A trade dispute means?

Answer 1

there’s a disagreement between an employer and employees regarding the terms of employment

Question 2

What is industrial action?

Answer 2

an action done by either an employee or an employer, which prevents the operation of the employment contract

Question 3

Give 5 examples of industrial action?

Answer 3

work to rule

an overtime ban

a picket

a strike

employer lockout

Question 4

Does the court have the power to order an employee to work if they go on strike?

Answer 4

no court can order an employee to work if they go on strike

Trade Union & Labour Relations Act 1992 protect the employee

Question 5

What is a ballot?

Answer 5

is when an organisation asks its members to vote secretly on an issue

Question 6

What does a union ask it’s members to do first before industrial action is given approval?

Answer 6

vote in a secret ballot

Question 7

How do members give their vote in a ballot to approve an industrial action?

Answer 7

by post

Question 8

How many days notice must an employer be given on a ballot for industrial action & how soon must the employer be notified of the result?

Answer 8

7 days notice

result must be given as soon as it’s available

Question 9

Once the result of a ballot has approved industrial action, how long do members have to commence action?

Answer 9

4 weeks

Question 10

What does a picket line look like?

Answer 10

workers who gather outside a workplace

Question 11

Who is part of a picket line?

Answer 11

striking workers

workers locked out by their employer & trade union reps

Question 12

What is secondary picketing & give an example?

Answer 12

workers already on a picket line can peacefully persuade workers who aren’t affected to support them

like a lorry driver from another company is persuaded to stop making deliveries

Question 13

ACAS provides free advice to both employers & employees on all aspects of what 2 main areas of work?

Answer 13

workplace relations

employment law

Question 14

How does ACAS specifically prevent conflict & improve Industrial Relations?

Answer 14

they write ACOPs

help employers with employment contracts

advise on wages / grievance / discipline /unfair dismissal

Question 15

If an employee has a complaint and is planning to lodge a claim with the Employment Tribunal what must he do first & why?

Answer 15

he must first notify ACAS

so that ACAS can try to resolve the dispute first before it goes to a Tribunal

saving time, money & stress on the tribunal system

Question 16

If a workplace dispute between an employee & employer does go to Tribunal how long can ACAS continue providing conciliation services?

Answer 16

right up to the hearing date

Question 17

Does ACAS offer conciliation to only individual employees?

Answer 17

no, they also offer services to issues affecting groups of employees

Question 18

Employment Tribunals are an independent judicial body established to?

Answer 18

resolve disputes between employers & employees regarding employment rights

Question 19

Give 4 examples of what type of situations Employment Tribunals resolve?

Answer 19

wages

unfair dismissal

redundancy payments

discrimination

Question 20

An Employment Tribunal is usually composed of?

Answer 20

an Employment Judge

with or without two lay members with Employment law experience

Question 21

The 2 lay members that attend an Employment Tribunal are drawn from a panel after consultation with which employer & employee organisations?

Answer 21

the Confederation of British Industry (CBI)

the Trades Union Congress (TUC)

Question 22

In an unfair dismissal case who who has the burden of proof?

Answer 22

it is for the claimant to prove he is an employee - he has the burden of proof

the employer does not have to prove the claimant is not an employee

Question 23

In an unfair dismissal case what does an employer have as the burden of proof?

Answer 23

he does not have to prove the claimant is not an employee

he does have to prove he had a fair reason for dismissal - there he has the burden of proof

Question 24

What form which you can get from the gov.co.uk site, an employment tribunal or online at the job center as a pdf to open a case at an employment tribunal?

Answer 24

ET1 form

Question 25

Who must you contact before you complete an ET1 form to open a case at an employment tribunal?

Answer 25

ACAS

Question 26

What will ACAS issue you when you contact them to let them know you want to open a case at an employment tribunal?

Answer 26

they will issue you a certificate to confirm you have contacted them before submitting an ET1 form

Question 27

How long do you have after dismissal or a problem happening with an employer to make a claim at an Employment Tribunal?

Answer 27

3 months

Question 28

What will ACAS attempt to do when you have submitted a claim?

Answer 28

attempt to resolve the issue between you and the employer first / if there is no resolution, you will be able to attend an employment tribunal hearing

Question 29

What 3 remedies could an unfairly dismissed employee be awarded?

Answer 29

reinstatement of their job - either the same job or a different position

basic award - calculated the same way as redundancy payment - length of time, age & wages

compensation award - any loss of earnings as a result of unfair dismissal

Question 30

What is the basic award designed for in an unfair dismissal case?

Answer 30

it was created to compensate you for loss of job security

Question 31

What 4 awards does the compensation award in an unfair dismissal case?

Answer 31

immediate losses of earnings (losses to date)

future loss of earnings (anticipated loss until you find a new job)

loss of statutory employment protection rights

loss of pension rights

Question 32

Give 3 examples of a compensation award a claimant could be offered for financial losses incurred at a unfair dismissal case?

Answer 32

income

pensions

company car

Question 33

What is the maximum basic award from unfair dismissal as of April 2020?

Answer 33

£16,140

or

30 weeks pay subject to the limit on a week’s pay

Question 34

What is the maximum compensatory award from unfair dismissal as of April 2020?

Answer 34

£88,519

or

12 months wages

whichever is lowest

Question 35

What is the maximum compensatory award from unfair dismissal for health & safety or whistleblowing?

Answer 35

the maximum is unlimited

Question 36

What is the maximum award from unfair dismissal when a company fails to comply with reinstatement as of April 2020?

Answer 36

£27,976