Your legal rights

<img src="/sites/default/files/justice.jpg" align="right" width="100" hspace="5" alt="scales of justice">Different companies may have different policies, but the law gives you a minimum of rights in various aspects of your employment. In our view, your legal rights are not good enough, but some of them are useful, and it is good to know what they are!

If you think that your employer is breahcing your legal rights, contact RMT immediately.

Taxi Issues – Legal Advice

We note the resolution from our London Taxi branch, and its request that legal advice relating to taxi issues should be obtained from a legal firm that specialises in Hackney Carriage Law. We refer this to our Council of Executives for consideration at its meeting on the 2nd of April.

Justice For Asbestos Victims As Supreme Court Rules Against ‘Callous’ Insurers

From RMT General Secretary Bob Crow

I am writing to advise you of a landmark ruling by the Supreme Court which will effect many of the 2,500 people who are diagnosed with mesothelioma each year.

The Supreme Court upheld an appeal brought by Unite the Union and rejected arguments by insurance companies which would have denied compensation to victims of the terminal disease mesothelioma.

Judges in the country’s highest court agreed that the insurers of an employer at the time of the exposure to asbestos should pay compensation.

RMT Guidance On LUL Drugs & Alcohol Policy

Following abuses by management of the drug and alcohol procedure, your RMT reps on the Trains Funcional Council have produced the attached guidance document for your attention.

RMT GUIDANCE ON THE DRUG AND ALCOHOL PROCEDURE

Following recent abuses of the D & A procedure on the Piccadilly Line were drivers
have been routinely tested following a SPAD and in one instance where a driver was
tested for taking a train out of service, agreement has been reached at the Trains
Functional Council on February 10 th 2012. The Trains Functional Council agreed that

Operational Effectiveness Programme – London Underground

From General Secretary Bob Crow

I write to you with regard to the above dispute where I have received reports of bullying and harassment by management of members over the above dispute where industrial action short of a strike has been called. We have taken legal advice in this matter and can confirm your legal rights which are outlined below: -

  1. You are protected from being unfairly dismissed pursuant to section 238A of the Trade Union and Labour Relations (Consolidation) Act 1992 for taking lawful action in the first 12 weeks of the dispute.

Your Rights Transfer With You

RMT General Grades Committee decision:

We note the legal advice, which is supportive of our view that as staff transfer from the employment of London Underground Ltd to TfL, all contractual and non-contractual working arrangements and benefits transfer with them under TUPE.

We instruct the General Secretary, in line with our previous decision of 15 September, to share this legal opinion with TSSA, and to place in front of us a report giving a proposed way forward on this issue jointly with our sister union.

Legal Advice Sought on Taxi Drivers' Relationship with TfL

RMT General Grades Committee decision on TfL Taxi Engagement Policy:

We note the legal opinion on this matter, in which a key issue is whether London taxi drivers can be legally considered to have a worker/employer relationship with their licensing body, TfL.

We instruct the General Secretary to arrange a meeting with our legal adviser and officers of our London Taxis branch to discuss this issue further and provide the legal adviser with the information he has requested.

Your Right to 'Necessary Leave' If Your Kids' School Closes Due to NUT Strike on 30 June

Dear Colleagues,

NECESSARY LEAVE TO LOOK AFTER DEPENDENTS

In view of the strikes next Thursday 30 June 2011, I felt a reminder on the legal position regarding necessary leave to look after children or other dependents may be of assistance.

Under S.57A Employment Rights Act 1996 (“ERA 1996”), employees have the right to take unpaid time off work, in certain circumstances, to care for or make arrangements in respect of a ‘dependant’. In order for the right to apply, the employee must:
(a) tell the employer the reason for his or her absence as soon as reasonably practicable; and

Extended Rights for Working Parents

In April, working parents' rights will be extended in the areas of:

  • additional paternity leave and pay
  • right to request flexible working

Details are below. Employers should update their policies to reflect these changes.

Additional Paternity Leave and Pay

Paternity leave rights have been extended for parents of children born or placed for adoption from 3 April 2011 onwards (or who enter the UK from this date in the case of overseas adoptions).

Your Right to be Accopmanied to Disciplinary and Grievance Hearings

Section 10.1(a) of the Employment Relations Act 1999 states:

Right to be accompanied

(1) This section applies where a worker—

(a) is required or invited by his employer to attend a disciplinary or grievance hearing, and

(b) reasonably requests to be accompanied at the hearing.

(2) Where this section applies the employer must permit the worker to be accompanied at the hearing by a single companion who—

(a) is chosen by the worker and is within subsection (3),