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Employment Doctor

25 June 2010

Our reps handle thousands of work problems each year on behalf of PCS members. Here are just a few of the issues that have cropped up

My partner’s boss has asked him to take a random drugs test. Does he have the right to refuse?

Although he cannot be forced to provide a sample for testing, there are a number of issues to bear in mind before he makes a final decision about whether to take the test.

First, if there are good grounds for testing under a proper occupational health and safety policy, refusing to give consent could lay him open to disciplinary action.

Second, if the tests are not genuinely random it can be potentially discriminatory to single out individual employees for testing (unless this is justified by the nature of their jobs). It is also worth checking whether your partner’s employer is limiting the testing to just those who need to be tested to deal with the risk.

If your partner is unhappy with being tested for drugs he should check his company handbook, individual contract or written statement to see whether he is required to submit to these and then discuss the options with a supportive union rep.

I have recently been elected to my PCS branch committee and want to go on a training course for union reps. I have heard that other officers have had difficulty getting permission from their manager. What are my rights?

Union officials have the right to a certain amount of time off to learn the skills necessary for the job. This applies to all members of independent trade unions that are recognised by an employer for bargaining purposes. The training must be relevant to your official duties and be approved by the TUC or PCS. You must ask permission for time off, give as much notice as possible, and inform management of where and when the training is taking place and its purpose.

An employer should not refuse a reasonable request. If they do, you are advised to seek advice from your PCS rep and raise the matter under a grievance procedure. If your employer still unreasonably refuses to allow you to have the time off you have the right to complain to an employment tribunal.

Q My union rep has approached me to be a part of an equal pay test case. Should I agree and can I get into any trouble if I do?

Without individuals and, more commonly, groups of workers who are prepared to act as test cases, the 1970 Equal Pay Act would be a much less powerful weapon for trade unions to use when negotiating our pay.

While the law alone cannot resolve the inequality in men and women’s pay, trade unions are increasingly looking to identify potential successful claims in their efforts to close the pay gap.

Taking an equal pay claim is a complex and lengthy process requiring the careful selection of a comparator (someone whose job has been rated as ‘of equal value’ to the person taking the claim) and any PCS member willing to assist as part of a PCS-backed equal pay test case is advised by expert lawyers who have lots of experience in winning such claims.

If you have agreed to be a test case, it is illegal for your employer to ‘discriminate against, harass or treat you less favourably’.

This is called victimisation. Any member who believes they are suffering a detriment because they have taken an equal pay claim, or any other employment rights claim, should seek advice from their PCS rep on raising a grievance with their employer.

I have just been turned down for promotion and I believe it is because I am gay. Is there anything I can do?

A It is illegal for an employer to discriminate against a worker because of their sexuality and this includes access to promotion.

The only exceptions are where being of a particular sexual orientation is a genuine occupational requirement for a job or if the job is ‘for the purpose of an organised religion’.

If you can show you have been passed over for promotion because of your sexuality you can take your employer to an employment tribunal. Talk to your PCS rep as soon as possible so you can receive the support you need and more detailed advice on pursuing a case.

The information contained on this page is not intended as legal advice on individual cases. If you have a query about your employment rights please contact your PCS rep. The employment doctor cannot answer individual queries.

With thanks to Thompsons Solicitors and the PCS legal department.