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The Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002 (SI 2002/2034) are a UK statutory instrument aimed at protecting employees who have fixed-term contracts of employment. The regulations are in part intended to implement the European Union's Fixed-term Work Directive 1999 (99/70/EC) on fixed term workers. [1]
In the majority of cases, a grievance in a workplace is filed due to a breach of labour law. Though labour law can be different from country to country, there is a general understanding of this particular laws meaning and relationship to employees and employers.
ACAS have published examples of potentially gross misconduct, including dishonesty, violence, bullying, gross insubordination, gross negligence and bringing the employer into disrepute. The last could be caused by conviction of a crime that affects work through bad publicity.
The Advisory, Conciliation and Arbitration Service (Acas) is a non-departmental public body of the Government of the United Kingdom. Its purpose is to improve organisations and working life through the promotion and facilitation of strong industrial relations practice.
Section 10 creates a right for employees to be accompanied to disciplinary or grievance meetings by a companion of their choice provided that the chosen companion is a member of one of the following categories: a paid official of a trade union; an unpaid official of a trade union who is certified as competent to act as a companion; or
An employee has an employment contract. ERA 1996 section 1(2) states, that the main terms of the contract must be in writing and provided to the employee within two months of the start of their employment. This document is called a "written statement of particulars". It confirms the main express terms of the employment contract.
Section 224 places a prohibition on secondary strike action. Sections 226 to 235 contain the requirements of a union to conduct a ballot and give notice to the employer of any industrial action that is agreed upon. Section 226 requires that there is a ballot, unless, according to section 226C there are under 50 workers entitled to vote.
When that happens, because the employer (i.e. the original company) remains the same legal entity, all contractual obligations stay the same. The directive and regulations apply to other forms of transfer, through the sale of physical assets and leases. The regulations also apply in some cases for work transferred to contractors.