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Ballot Paper You May Be Sacked?

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Senior Service
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Joined: 19 Aug 2007, 18:34

Ballot Paper You May Be Sacked?

Post by Senior Service »

Whats all that about I don't remember seeing it before.

I thought that if you strike during an official legal strike you could not be sacked and that it would not count towards a stage warning.
ebbzie
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Re: Ballot Paper You May Be Sacked?

Post by ebbzie »

you cant be sacked or put on warning if its official action
Dumpys Rusty Nuts
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Re: Ballot Paper You May Be Sacked?

Post by Dumpys Rusty Nuts »

Senior Service, You need to smoke something stronger[ahem],
Shambles
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Re: Ballot Paper You May Be Sacked?

Post by Shambles »

Dumpys Rusty Nuts wrote:Senior Service, You need to smoke something stronger[ahem],
:left: :chuckle
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Lounge Lizard
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Re: Ballot Paper You May Be Sacked?

Post by Lounge Lizard »

Dumpys Rusty Nuts wrote:Senior Service, You need to smoke something stronger[ahem],
But why would the CWU, desperate for a high 'yes' vote, tell us, as they have done before, "If you take part in a strike or other industrial action you may be in breach of your contract of employment. However if you are dismissed for taking part in a strike ..." if that was not the case ? :shock:
TrueBlueTerrier
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Re: Ballot Paper You May Be Sacked?

Post by TrueBlueTerrier »

https://www.gov.uk/industrial-action-st ... ial-action" onclick="window.open(this.href);return false;

Dismissal for industrial action

You can’t be dismissed for industrial action if:

it’s called as a result of a properly organised ballot
it’s about a trade dispute between workers and their employer (eg about your terms and conditions)
a detailed notice about the industrial action (which is legally required) has been given to the employer at least 7 days before it begins

You can claim unfair dismissal at an employment tribunal if you’re dismissed for taking industrial action at any time within the 12 weeks after the action began.

After 12 weeks, you can be dismissed if you take industrial action and your employer has tried to settle the dispute. For example, your employer may bring in advisers from Acas to help find a solution.


When you may be dismissed

You could be dismissed for taking part in industrial action if:

the union hasn’t held a properly organised ballot
the union hasn’t given the employer the correct notice for balloting members or taking action
the union hasn’t called its members to take action because they think the dispute is settled or action is called by someone who doesn’t have the authority to do so
it’s in support of workers taking action against another employer (otherwise known as ‘sympathy’ or ‘secondary’ action)
it’s in support of only employing union members (otherwise known as a ‘closed shop’)
it breaks any other parts of industrial action law
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mandelsons_toenail
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Re: Ballot Paper You May Be Sacked?

Post by mandelsons_toenail »

It's always on there :thumbup
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Re: Ballot Paper You May Be Sacked?

Post by BingBong »

Senior Service wrote:Whats all that about I don't remember seeing it before.

I thought that if you strike during an official legal strike you could not be sacked and that it would not count towards a stage warning.
it means if you take part in unofficial strikes/walkouts. its not worded very well on there tbh.
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Robbo318
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Re: Ballot Paper You May Be Sacked?

Post by Robbo318 »

What if your not in the Union but go on strike, are you protected against dismissal by CWU?

Just theoretically, but I know a few in our office that dropped out of the CWU over 2009/10 deal
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Re: Ballot Paper You May Be Sacked?

Post by Shambles »

Robbo318 wrote:What if your not in the Union but go on strike, are you protected against dismissal by CWU?

Just theoretically, but I know a few in our office that dropped out of the CWU over 2009/10 deal
If I were them, I would re-join, quick smart! Just in case.... :neutral:
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Robbo318
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Re: Ballot Paper You May Be Sacked?

Post by Robbo318 »

Shambles wrote:
Robbo318 wrote:What if your not in the Union but go on strike, are you protected against dismissal by CWU?

Just theoretically, but I know a few in our office that dropped out of the CWU over 2009/10 deal
If I were them, I would re-join, quick smart! Just in case.... :neutral:
A few are quite cocky that they will be covered, really speaking non union members shouldnt be protected. Else why are union members paying and the non members not, but getting the same employment cover?
pinstripe
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Re: Ballot Paper You May Be Sacked?

Post by pinstripe »

Robbo318 wrote:
A few are quite cocky that they will be covered, really speaking non union members shouldnt be protected. Else why are union members paying and the non members not, but getting the same employment cover?

But the only reason they would need protection is if they took part in the strike. You can't ask them to support the strike and then wash your hands of them.

Anyway, it is illegal for RM to treat union members and non union members differently.
fishtank
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Re: Ballot Paper You May Be Sacked?

Post by fishtank »

Robbo318 wrote:really speaking non union members shouldnt be protected.

If non members were not protected almost all of them would cross the picket line.
That doesn't help us much.
good times, bad times you know I've had my share
Robbo318
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Re: Ballot Paper You May Be Sacked?

Post by Robbo318 »

It wouldnt help us, I agree but morally it is wrong, we pay our stubbs every week, the union fights for pay rises, t & c, etc for us and the non members just lap it up for free.
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Re: Ballot Paper You May Be Sacked?

Post by TrueBlueTerrier »

Robbo318 wrote:What if your not in the Union but go on strike, are you protected against dismissal
Yes - the have the same right to strike as we do.
Robbo318 wrote:by CWU?
No
Robbo318 wrote:It wouldnt help us, I agree but morally it is wrong, we pay our stubbs every week, the union fights for pay rises, t & c, etc for us and the non members just lap it up for free.
If they are striking then they aren't lapping it up for free :hmmmm
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