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The claimant was dismissed by reason of gross misconduct and in particular.
I have come across a situation where a Company in the hospitality sector with over 120 staff members does not have a trade union representing the staff. No formal agreement is in place. Having said that, a staff member in this Company has approached a trade union of their own accord and asked the Trade Union to represent them with regard to an issue with the Company. The Trade Union has stated in a letter to the Company that they are acting in an "individual capacity" and intend to represent the staff member in question at an external hearing. My questions are: 1. Can the Company refuse to recognise the Trade Union acting in an individual capacity? 2. Can the Company be forced to recognise the Trade Union?
Is it acceptable to allow a Union Rep to speak on an employee’s behalf in a disciplinary hearing, when I would prefer to hear directly from the employee?
We are intending to amend our employees’ terms and conditions of employment by amending the employees' bonus scheme. We intend to do this through consultation with employees and by seeking their agreement. I read somewhere that changing terms and conditions of employment for a large number of employees can trigger collective consultation and a requirement to inform DEL. I would be grateful for any clarity on this point.
If an employee has been called to a disciplinary meeting, can he/she bring a Trade Union representative or solicitor with them to this meeting?
What can the Trade Union Representative say/not say during an investigation/hearing and can the chair say "no" to them?
Does an employer have to honour the terms of a collective agreement inherited in a TUPE situation?
My question is how should an employer calculate a buy-out of existing terms & conditions of employment: Is it usually calculated on difference of annual salary between existing T&Cs and new T&Cs x number of years' service or is this calculation at the discretion of the company?
Can a Non-IT1 Agreement through the LRA be negotiated and agreed on a collective basis with the trade unions or does it have to be signed by individuals?