Nasuwt Berkshire

Nasuwt Berkshire Contact information, map and directions, contact form, opening hours, services, ratings, photos, videos and announcements from Nasuwt Berkshire, Woking.

06/02/2021
03/01/2021

NASUWT cannot advise members nationally to use Section 44 of the Employment Rights Act. As with any employment legislation, it is not straightforward. Through looking at posts here it seems that members understand that you can refuse to attend your workplace if you feel that there is a "serious and imminent" danger to your health and safety. The understanding is that your employer cannot then dismiss you.

If we were to take each part of the legislation and apply it to current circumstances, this would be a very long post. So, rather than explain S44 itself and the various caveats to the refusal to work, and whether it is a reasonable refusal, we will outline what happens if an employee uses it.

The law does indeed state that if an employer dismisses you for exercising your rights under S44, it would be an unfair dismissal. This does not mean that your employer cannot dismiss you for invoking this right. They can and many will. Employment law is not like criminal law - nobody is going to 'arrest' your employer and stop them from sacking you (of course, trade unions have a very good record of preventing this, and do try). Breaches of employment law can only be challenged through the court system, after the event. The onus is on the employee to bring a case against their employer. You may win your case in a tribunal, if you can prove that you ticked all the boxes of the legislation. But we must be mindful of the very rocky road, surrounded by deep ditches on either side, to get justice for such a dismissal.

Getting to the actual tribunal can take at least two years, at the moment. During that time, you will have no income and, probably, no adequate reference from your previous employer to gain another teaching post. Legal representation will also be a further cost. Yes, trade unions provide legal representation in some cases but this is never guaranteed as they have to judge each case on its chances of success. Remember, it is members' money that is used to provide such representation.

Maybe, you will get to the tribunal stage. Maybe, the tribunal will decide that you have little or no chance of success and strike your claim out without even giving you your day in court. If you do get to the tribunal, the chances of them ruling in your favour are 50/50.

Yes, there may be a chance that you win your case but there is also a chance you won’t! If your employer can prove to a tribunal that they took all reasonable steps to make the workplace safe and you still didn’t attend, they will win!

It's worth remembering that the right under S44 applies to individuals, not collectives.

We are not saying that the right under S44 cannot be used at all but, given the many pitfalls and risks, it is not a national strategy that we can advocate using. As offered,If you feel that your school is a case where this legislation would apply, contact your Local Secretary, who will advise and support as necessary.

18/04/2018
03/04/2018

The issue of children's mental health was highlighted by at Annual Conference today. Chris Keates was interviewed in a powerful report on our survey findings with on Channel 4 News.

01/04/2018

The NASUWT legal service is provided by Thompsons Solicitors; a specialist law firm with nearly 100 years’ experience in winning cases for trade union members.

31/03/2018
31/03/2018

SEXUAL HARASSMENT RIFE IN THE WORKPLACE

Sexual harassment and bullying against teachers is rife, a survey by the NASUWT – The Teachers’ Union has uncovered.

More than eight in ten (81%) of teachers believe they have suffered sexual harassment or bullying in the workplace.

Read the full story on our news pages https://bit.ly/2pL72vn

Dan McCarthy our new President gets a well earned standing ovation after his first speech at Conference
30/03/2018

Dan McCarthy our new President gets a well earned standing ovation after his first speech at Conference

Address

Woking

Telephone

+447725704488

Website

Alerts

Be the first to know and let us send you an email when Nasuwt Berkshire posts news and promotions. Your email address will not be used for any other purpose, and you can unsubscribe at any time.

Contact The Practice

Send a message to Nasuwt Berkshire:

Shortcuts

Share