Unfair dismissal claims

The JIB was, and remains, the only body which has held a Dismissal Procedures Agreement as catered for under Section 110 of the Employment Rights Act 1996 (through its forerunner under section 65 of the Employment Protection (Consolidation) Act 1978). This meant that any member of the Union who was working for an ECA member company under the terms of the JIB National Working Rules with a minimum of 26 weeks’ continuous service substituted their right to have their claim heard by the JIB and not by an Industrial (now Employment) Tribunal. The final stage of appeal was to an acas Independent Arbitrator. This unique facility was granted by the Secretary of State for Employment in 1979.

However, when the Human Rights Act 1998 came into being, the JIB held discussions with the DTI to make the JIB’s procedures compliant with the complexities of this Act. As discussions were not ultimately successful the JIB revoked this Order through Parliament.

Rather than lose this area of expertise however, the JIB, under its procedures, will still hear ‘normal’ unfair dismissal claims e.g redundancy, conduct, capability, some other substantial reason or constructive dismissal but will not hear cases outside of the norm e.g sex, race, aged, victimisation, harassment, TUPE etc. Such cases must proceed directly to an Employment Tribunal. To this end ‘normal’ unfair dismissal claims are still included within the JIB Disputes Procedures. 

Again, uniquely, under the terms of the JIB Agreement individuals have employment rights including the right to claim Unfair Dismissal from their first day of employment. However the right to a hearing is not automatic and a Dispute Committee can only be authorised by the Chairman and Deputy Chairman of the appropriate Regional Board.

Claims should not be lodged with the JIB until the internal Company machinery has been exhausted. Following the Dispute Committee, there are two further rights of appeal, which are to the National Appeals Committee and ultimately to the JIB Independent Chairman.

If an individual has the requisite service to make a claim to an Employment Tribunal (ie 12 months’ continuous service) then s/he can make a claim and have it ‘stayed’ i.e held in abeyance until the conclusion of the JIB procedures. If the matter is resolved to both Parties’ satisfaction then the Tribunal claim must be withdrawn.

For operatives with over 12 months’ service then, if the individual is not satisfied with the outcome, the claim can be reactivated following exhaustion of the JIB’s procedures.