We look at time off for Company Council work, unfair dismissal and mental health stats By Terry Brandon, BALPA National Officer Q Mental health problems have been in the news recently and airlines appear to be taking the issue seriously, with new programmes, referrals, peer intervention and support in place. I am concerned that airlines may disguise the stats around such cases, especially when they manage exits and early retirements. Are such figures recorded anywhere? We do not have airline-specific stats, I am afraid, although the Labour Research Department reports a staggering 300,000 workers with long-term mental health problems are losing their jobs each year, and many more with intermittent problems are struggling in their work. Q Is there a legal definition of an unfair and fair dismissal? The statutory basis of the right not to be unfairly dismissed is covered by sections 94 to 98 of the Employment Rights Act 1996. In short, the legislation states that a dismissal will be unfair unless the employer can satisfy an Employment Tribunal: 1. That the dismissal was wholly or mainly for one of the five statutory fair reasons: capability or qualification; conduct; redundancy; to comply with a legal duty or restriction; or some other substantial reason. 2. That the employer acted reasonably in all the circumstances by dismissing the employer for that reason. Q I am a Company Council rep who has been appointed by the Company Council to deliver casework. I am supporting a member at a grievance meeting, but have been asked by my base captain to do this after a four-sector day; this does not give me much time to prepare. What is normal practice? Union reps are entitled to reasonable paid time off in working hours to accompany one of the employers workers to a discipline or grievance meeting. You are also entitled to the time to prepare for the case. If you do not feel you have been given enough time, you can ask for an alternative date. Even if the case hearing is short, you will need time to investigate and read any supporting documents, policies, procedures and so on. Q As our National Officer, you have asked us to become more of an organising Company Council. We communicate often, try to recruit and, as a solid team, have negotiated improvements in pay and rostering over the past year. Under HQs guidance, what else can we do? This is something that can be answered in more detail at our CC business planning session. When we talk about an organised workplace, we mean a workplace where the union draws its strength from not just the number of members it has, but also the number of reps and activists we support and train. Our presence in your airline can be measured by the issues on which we campaign the issues that members care about. We seek collective involvement in campaign activity. Four organising fundamentals worth factoring in CC discussions are: 1. The strength of the union is built on high levels of membership and activity 2. Members are encouraged to work collectively and have the chance to campaign together on issues about which they care 3. BALPA officials provide support, advice and leadership to assist Company Councils to win in their workplace 4. Using the Company Council planning session, we agree a recruitment and organising drive that involves members and sets clear achievable targets. If you have a question youd like to put to Terry or any of our other BALPA experts, email TheLog@balpa.org INDUSTRIAL ISSUES KNOW YOUR RIGHTS