Confusion over union rights
Article Abstract:
A provision in section 23 of the Employment Protection (Consolidation) Act of 1978 grants employees the freedom to choose whether or not to join a union without fear of sanction from their employer. The trouble with this provision on union rights is that it is often cited in labor litigation in conjunction with sections 27 and 28 of the same act. Sections 27 and 28 relate to privileges of officials and members of recognized trade unions, but are not applicable to unions that have been derecognized. In recent years, attempts by several organizations to derecognize certain trade unions have led to cases wherein officials and members of derecognized trade unions have used section 23 to justify claims of illegal action on the part of employers. Cases involving the Post Office, the National Coal Board and Associated Newspapers are discussed in relation to court rulings on the applicability of the provisions of Section 23, with respect to derecognition and union rights.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1992
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Inadequate investigation of dismissals and resignations
Article Abstract:
British labor law requires the collection and evaluation of all relevant information to determine the cause when an employee resigns or is dismissed. A reasonable belief in an employee's guilt must be based on an adequate investigation of relevant facts. The amount of investigation is predicated on the facts of a case. Those cases based on circumstantial evidence must be more thoroughly investigated than a case of an employee being caught in the act. Employers cannot jump to conclusions in the case of a resignation made under emotional stress, but must investigate the underlaying causes before initiating dismissal procedure.
Publication Name: Personnel Management
Subject: Human resources and labor relations
ISSN: 0031-5761
Year: 1989
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