UNISON Survey on the charging of DBS checks to workers closes next Friday 4 August 2023

 

This is incredible to many people (myself included) that some employers charge their workers the cost of having a DBS check? These are mostly low paid care workers doing difficult jobs and some of them work for different employers, all of whom want them to pay for this check out of their wages?

Please check out this survey before Friday https://survey.alchemer.eu/s3/90571287/DBS-checks-survey

Well done to the London Vol Org branch for setting up this survey (and branch secretary Jordon)

Is it about time we broke up these "mega monopolies" housing associations?

 

L&Q is headquartered in Newham and is also one of the largest UNISON "shops" in my branch. So I have had a fair amount of contact (and sometimes conflict) with L&Q over the years. 

Check out this "Inside Housing" Report on Friday. I won't comment on the horrendous specifics and strongly believe that all large Housing Association bosses are thinking this weekend about L&Q "there but for the grace of God"...but isn't it about time we  consider whether these mega housing associations are just too large, too bureaucratic, too  unaccountable and should be broken up? 

Mind you I am convinced that the failure of the Government to properly fund the development of new social housing is equally to blame (making housing associations forget they are landlords and not just developers)

The Week in Housing: L&Q in the spotlight Good afternoon. This week, the Housing Ombudsman issued its highest-ever single set of fines – totalling £142,000 to be paid to more than 100 tenants – as it published an excoriating report into L&Q, the giant housing association. The report, which we cover here, paints a deeply troubling picture of a failure in landlord services affecting hundreds, if not thousands, of residents. Michael Gove, the housing secretary, has now summoned Fiona Fletcher-Smith, the landlord’s chief executive, to a meeting, telling her she has “failed your residents”. And a sharp reminder of the potential consequences of poor repairs was also delivered by a coroner. A report was sent to the association regarding the death, through hypothermia, of a tenant who was waiting for a boiler repair. Of course, long-term readers will know there is history here. In the 2010s, as housing associations diversified into market sale development and raised more private finance than ever before, L&Q soared above its peers. It posted the biggest surpluses, secured debt at the lowest prices, promised the biggest development and took on the hardest regeneration schemes. It seemed to be the A-student, the shining example for what housing associations could be with good corporate management. But beneath this surface, there were always problems – a steady drip of stories from tenants and leaseholders about disrepair, service charges and complaints going unanswered. To read the rest of the Week in Housing newsletter, sign up here".

"Out-of-date mileage rates are driving workers into poverty"

 

Hat tip Clarion UNISON Facebook page

See this report below by workers being completely ripped off by being expected to use their cars to go to work but not being compensated for the cost for "work related" mileage https://magazine.unison.org.uk/2023/07/18/out-of-date-mileage-rates-are-driving-workers-into-poverty/. 

Clarion Housing Group got rid of decent car allowances for most lower paid workers but kept them for higher paid bosses and they are now they are benefiting from their staff being forced into poverty to carry out their jobs.

Please sign the UNISON petition to ask your MP to act https://action.unison.org.uk/page/121245/action/1

 

Untruths, threats and actual ACAS advice on "fire and rehire"

Clarion UNISON Facebook link

So called "Social Mission landlord" Clarion Housing Association has bullied and threatened hundreds of its workers to accept losing their defined benefit pension schemes by telling them they will be sacked without compensation, if they do not "consent" to the closing of their pension entitlement.

UNISON has sent out advice to its members but let us be clear what the ACAS (independent public body to resolve disputes between trade unions and employers) states about such disputes.

For the many staff impacted who face losing their defined benefits pension who felt bullied into accepting the closure, we would suggest (advice only for unison members) they consider withdrawing that "consent".

But please see what the ACAS advice is below and compare to what your employer has threatened you with!

(Update meeting for members impacted Friday 1pm 4 August. Teams invites to be emailed out).

Note "work under protest"

https://www.acas.org.uk/.../if-employment-contract...

"However, if an employee does not agree with an imposed change, they might decide to:

• temporarily work to the new terms and conditions, but make it clear they are challenging the change ('working under protest') 
• Resign and make a claim of constructive dismissal at an employment tribunal, if they feel the change significantly breaks their agreed contract (a 'fundamental breach of contract')

If an employee works under protest

If an employee works under protest, they continue to work under the changed terms, but make it clear that they do not agree to the change and take steps to challenge it.

An employee should make it clear to you that they're working under protest. They should usually do this in writing on a regular basis, for example every time they get paid.

They should normally only work under protest for a short time so they can formally raise their concerns with you or take legal action if you do not resolve their concerns.

For example, depending on the circumstances, an employee could decide to make legal claims against the organisation for:

• damages for breach of contract at a civil court
• 'unlawful deduction of wages' at an employment tribunal, if the change affects their pay
• discrimination, if the change means they are treated unfairly in relation to certain 'protected characteristics' under the law

If you impose a change that makes an employee's terms and conditions significantly worse than before, they might be able to claim unfair dismissal while continuing to work under the changed terms. This is a very complex claim. You should get legal advice if you're in this situation.

If there's a trade union

If you impose a change after not being able to reach agreement with a recognised trade union, the trade union might consider:

• taking industrial action – for example a strike, refusing to take part in certain activities, or a 'work to rule' where employees do no more than what they're contractually required to do
• supporting individual employees to make claims to a court or employment tribunal

Forever Leeds: The Leeds Uni Reunion 1981-2023

This week I met up with Leeds University friends for a reunion, after in some cases, some 39 years apart. 5 of us shared a house in Headingley, Leeds (very close to the cricket ground). All of us (except Mike) had met each other as members of the local UOTC (training for a potential regular and territorial army officers unit attached to the University). 

By coincidence, on our visit to the Leeds campus on Tuesday there were graduation ceremonies for the present generation of Leeds graduates. Lots of happy new graduates, proud parents and family members. 

Leeds has been transformed since our time which was a pleasure to see but statistics tell us there are still deep rooted social and economic problems for many. 

See modern day picture of us sitting on steps in front of Leeds Uni student union (left to right - Mike, Claire, Me, Fiona (not in original photo but great friend of all of us), Vicki and Sue. 

Picture from 1983/84 (?) outside the student union left to right -me, Vicki, Mike, Sue (Ann, another great friend) and Claire. 

As you can see, we have all aged not a bit!

(I was also in Labour Students during this time and fairly active in the Students Union but do not recall anyone called Keir Starmer (Leeds Uni 1982-85), but since he had a very demanding Law degree to undertake, he probably did the sensible thing to knuckle down and concentrate on his course - unlike me). 

Elected to UNISON Labour Link National Committee (& Vote for Anu in regional elections)

 

On Monday I was really pleased to find out that I had been re-elected (after 2 year gap of course) to the UNISON National Labour Link Committee by NEC (National Executive Council) colleagues to the 12 seats that the NEC hold on that committee (the others by regional and self-organised groups).

Labour Link is the UNISON political fund that in principle supports the Labour Party (but not on everything if they get things wrong in our view) but wants a Labour Government to be elected asap.

Only NEC Labour Party Political fund levy payers "supporters" can vote in these elections and only Labour Party members can stand for Committee positions. 

I will be bringing up at this committee issues of grave concerns to my members such as fire & rehire, cuts to pay and terms of conditions (such as defined benefit pensions!!!!)

Of course, some hard left extremists who hate the Labour Party and only pretend to support them in order to vote or stand took part but but I think most of their candidates got nowhere.

Regional elections for delegates to National Labour Link Committee by all levy members will take place soon. My branch nominated  the excellent candidate, Anu Prashar,  for the Greater London seat. 

Martin Lewis: Aged 45-72? Can you boost the State Pension (or not - but worth looking at asap)

Hat tip to Martin Lewis, who is a little "cheesy" (as he admits) but seemingly "bang on the money" on this important issue. At the risk of seeming like being a pension obsessive, I have spent most of today trying to working out whether Gill and I have to pay extra National Insurance contributions in order to maximise our possible new state pension entitlements. 

I have looked at our projections on the Gov.UK website and thanks to Martin Lewis, I think I have been seriously misled about our entitlement to a maximum new state pension, 

It is all very complicated but really important, if you are of "a certain age". I had looked in the past at the Gov.UK website projections and had been reassured that both of us would be entitled to the full New State Pension (currently £203.85 per week) since we both had more than  35 years  "full  contributions". 

I thought that the projections on the site that we both would not get this full amount (£203.85 per week) were probably wrong and surely inaccurate since we both had already more than the 35 years "full contributions". 

However, what I failed to realise (but still not sure and hate the way this issue is not addressed on the Gov.uk website) is that there appears to be a potential massive difference between "full contributions" and "qualifying contributions". 

So just because I have 41 years "full contributions" doesn't mean that I have 35 "qualifying contributions".

This is due to a possible number of reasons including low pay and being "contracted out" by your pensions scheme in the past. I suspect that being "contracted out" may be the reason that Gill and I do not appear to qualify for a full new state pension but will need to clarify. 

I definitely agree with  Martin that you need to check facts and options with the (check his video first)

Future Pension Centre on 0800 731 0175

or if you are already receiving the state pension 

Pension Service on 0800 731 0469

If Martin is right that many people face losing out on possible huge amounts of money by not maximising their New State pension entitlement, then for crying out loud, check it out. What have you got to lose? 

Labour's Pension Plan will bring Relief & Happiness (1937 - and no fire and rehire or breaking of promises)

Hat tip @londonnurse2016 - UNISON will be contacting key stakeholders about Clarion Housing Group attempt to break its promises to them and their staff over pensions. If Clarion breaks promises made in the past then how can you work with them and trust them to keep any future promises? 

Thank you for the music Tony (& Amy)

 

Clarion Housing Group must raise pay and stop pension cuts to avoid strike action, says UNISON

 

“Clarion is threatening to sack staff and re-employ them on new contracts and an inferior pension scheme. 

Caretakers, sheltered housing wardens and other staff at Clarion Housing Group – the largest housing association in the country – have rejected a 5% pay offer, says UNISON today (Thursday).

 

The union says this is essentially a wage cut that falls well short of inflation and that employees deserve more.

 

Clarion also plans to cut the pensions of nearly 300 staff. The housing association has said it intends to close all its final salary schemes, which means employees will be significantly worse off, adds UNISON.

 

The union says Clarion is threatening to sack staff and re-employ them on new contracts and an inferior pension scheme. 

Workers have been told that anyone who refuses to accept the new terms and conditions will lose their jobs, says UNISON.

UNISON London convenor John Gray, who is also a tenancy specialist at Clarion, said: “Clarion has offered little justification for wrecking the pension futures of so many of its long-serving staff.

 

“Employees were promised their pensions were safe when they transferred into Clarion from local authorities and other employers. 

 

“Housing association directors and board members have now gone back on their word. This is completely unacceptable, and the employer must think again.” 

 

UNISON London regional organiser Ezequiel Kramer said: “It’s disgraceful that Clarion, the largest housing association in the country, is acting in this appalling way. This will have a damaging impact on staff morale.” 

 

Notes to editors:

– Staff including those who have transferred from both Affinity Sutton and Circle Housing are currently on a final salary pension scheme. With a defined benefit (DB) pension scheme, the amount paid out is based on how many years someone has been a member and the salary they earned when they left that employer or retired.

– A consultative ballot conducted by UNISON over this year’s pay offer saw 92% of staff who voted reject the 5% offer, with 87% supporting strike action and 91% action short of strike action.
– UNISON is the UK’s largest union with more than 1.3 million members providing public services in education, local government, the NHS, police service and energy. They are employed in the public, voluntary and private sectors.

Contact details:
Emma Davey E: e.davey@unison.co.uk

https://www.unison.org.uk/news/press-release/2023/07/clarion-housing-group-must-raise-pay-and-stop-pension-cuts-to-avoid-strike-action-says-unison/

Last chance to nominate for National Labour Link committee

 

Dear Branch Secretary/Labour Link Officer, 

There are just 5 working days left for your branch to nominate a candidate to the National Labour Link committee. Don't miss your chance to influence our work with the Labour Party! Use that influence by nominating me, Anu Prashar. 

I am a member of Brent unison, and a member of the regional Labour Link committee. I have experience both as a shop steward and as a regional and national activist. I am currently the co-chair of UNISON’s Greater London LGBT+ Committee and sit on UNISON's National LGBT+ Committee elected from the Black LGBT+ caucus. I am Chair of Ealing North CLP which I sit on as a UNISON delegate. I work closely with our MP to highlight issues of importance to UNISON members such as the cost of living and workers rights. I’ve made sure we have an inclusive and campaigning CLP. 

I attach my election address which outlines the reasons I am standing in this election and which can be shared with members. 

You will have been sent a link from CES to the form the branch will need to complete if it is agreed to nominate me. If you can’t find it please contact elections@unison.co.uk to get it reissued. The deadline is 5pm on 26 July.

I would really appreciate your branch's support.

In solidarity,

Anu

 

Check out this thoughtful article by Inside Housing but I am afraid it pulls its punches.  The simple truth is that many of our mega merger housing organisations ( not all) have forgotten they are landlords in the quest to generate funds to cross subsidise new build. This means providing a housing service on the cheap. Closing local housing offices, providing rotten terms and conditions and trying to run all services via national call centres. Failing staff and residents. 

Housing officers are now more like adult services social workers but without the pay, training or (most important to their well being) the professional pastoral support.

There needs to be change. Watch this space. 

Housing officers under pressure

INSIGHT18.07.237.00 AM BY GRAINNE CUFFE

Grainne Cuffe talks to housing officers about the stress of their jobs, as Inside Housing reveals that turnover in some frontline roles has risen dramatically. Illustration by Mary Haasdyk Vooys

“Who is Mehmood Mirza?”

Check this very good blog by Josephine on Newham 65 blog (which I certainly do not always agree with) and also make it clear that our Labour candidate, Sofia, at the by election was one of the hardest working, capable and all round nice person candidate I had ever worked with. I also declare that technically at least, I am also Josephine’s “employer” again (for third time). 

Guest post by Josephine Grahl

Mehmood Mirza has surprised many by winning Thursday’s by-election in Boleyn ward. But who is he, and what does he stand for?

He has described his occupation variously as a legal adviser, a campaigner and a human rights activist, but he is also a significant private landlord. He currently owns ten properties in the borough, which will make him – since the departure of Ayesha Chowdhury from the council last year – the most propertied Newham councillor-landlord.

As part of a group calling itself Democracy Newham, Mirza was a driving force behind the ‘people’s petition’ – the collection in 2020 of over 12,000 signatures needed to force a governance referendum on Newham Council. The petition was rendered invalid due to the pandemic-related suspension of electoral legislation, but the council had in any case committed to hold a referendum before the end of Rokhsana Fiaz’s first term of office.

On the announcement that the referendum would be held in May 2021 and that the choice on the ballot would be between the existing mayoral system and the committee system, Democracy Newham sued the council, arguing that the choice should be between the mayoral system and the cabinet system. Their legal action was unsuccessful, and the council made a counter claim against Democracy Newham for breaching the embargo on the judge’s original decision.

Making the best of a bad job, Mirza became an enthusiast of the committee system. Democracy Newham flyposted the borough with thousands of posters and leaflets which dubiously asserted that a vote for the committee structure would lead directly to dozens of policy changes on the council, from the removal of parking charges to the reduction of council tax

A long-standing Labour party member, his conduct in the party drew widespread criticism particularly for his habit of ‘organising’ meetings – attending meetings in other wards to oversee elections and ‘encourage’ his own supporters. Perhaps the nadir of this form of ‘organising’ came when he lobbied the West Ham Women’s Forum AGM in May 2019, stopping women members as they entered the meeting to press on them a list of his preferred candidates.

His re-election (as membership officer) at the June 2019 West Ham CLP AGM was one of the factors which prompted this writer’s resignation as CLP Chair the day after that election. My experience of working with Mirza in the CLP Executive previously did not give me any confidence that the CLP, already riven by factional division, would become a more inclusive or effective place to work towards a Labour government.

In early 2020 he gained the necessary nominations to stand for the Labour NEC as a candidate for the BAME section, with endorsement from a platform describing itself as the ‘Labour Left Alliance’ – a short-lived Labour grouping which set itself up in competition to the long established Centre-Left Grassroots Alliance, where the Labour left actually organises agreed candidate slates. 

But in February 2020, before ballots had closed, Mirza was suspended from the Labour party, allegedly for antisemitism. Nearly two years later in January 2022 he announced on Twitter that he had resigned his party membership.

Having left the party, he was free to stand against Labour, and decided that the issue of fly-tipping would be a suitable focus to build a political profile in the borough. He was eventually blocked by Newham Council on Twitter and Facebook after an extended ‘campaign’ of obsessively replying to every post by the Council with a stream of photos of fly-tipping sites.  

In the 2022 Newham local elections he stood against Labour as part of a loose alliance of disenchanted formerly Labour independents which included both the former West Ham CLP Chair Carel Buxton and the former East Ham CLP Chair Tahir Mirza. Standing for election both as Mayor of Newham and ward councillor in Plashet, he outperformed his comrades, but did not win.

Newham 65 was correct, at the time, to describe his manifesto as “a muddled policy platform veering between revolutionary socialism and pro-small business and -car measures.” This kind of opportunistic and incoherentpopulism has characterised all of Mirza’s political interventions – including his most recent, successful one. But we were clearly in error to conclude that we had seen the last of Mirza’s electoral endeavours”.

 

Clarion UNISON Members to vote on action to save their Pensions & stop being fired.

 

On Friday this indicative strike ballot was sent to Clarion Housing Group UNISON Members being threatened with either giving up their pensions or being fired (possibly even without being rehired). A full postal official ballot of all UNISON members in Clarion is also being planned due to an unilateral real terms pay cut imposed on everyone. 

“Dear Clarion UNISON member,

 

We are aware of the worrying correspondence Clarion have sent you regarding “Defined benefit pensions closure - next steps”.

 

It is disappointing to hear Clarion are attempting to move into a dismissal and re-engagem.ent process, but rest assured we are taking legal action on this.

 

Whilst we appreciate the unnecessary stress you are being subjected to, Clarion have agreed that all members will be entitled to trade union representation at these 121 meetings to be held via Microsoft Teams. You will not get representation from us should you not be a member as at the date of your meeting.

 

Please do not hesitate to contact us (within 48 hours receipt of your meeting invite) as members, should you require trade union representation from us or reasonable adjustments made to your meeting.

 

We are running a consultative ballot of members regarding the defined benefit pension closures, and the further industrial and legal action we are taking. Completion of this ballot can only be done visiting the link below via logging into your work Microsoft Office account. Please submit it by 5pm Monday 31 July 2023. Please contact us directly should you not be able to meet this deadline due to absence etc.

 

((.  It is also very clear that Clarion have given you misleading advice about this process in order to frighten staff into consenting. Please see the advice below from Acas (not UNISON) and you will see it is perfectly legal to challenge this act if you follow certain steps (e.g. work under protest). To be clear, resigning and claiming constructive dismissal should not be considered without expert legal advice.

 

·         https://www.acas.org.uk/changing-an-employment-contract/employer-responsibilities/if-employment-contract-changes-cannot-be-agreed

“Imposing a change

If you impose a change to a contract before getting agreement you will be breaking the agreed contract ('in breach of contract').

In some circumstances, an employee's actions might count as agreeing to ('affirming') the change if:

·         they continue to work under the changed terms and conditions

·         they do not inform you that they do not agree to the change

 

However, if an employee does not agree with an imposed change, they might decide to:

·         temporarily work to the new terms and conditions, but make it clear they are challenging the change ('working under protest')

·         resign and make a claim of constructive dismissal at an employment tribunal, if they feel the change significantly breaks their agreed contract (a 'fundamental breach of contract')

If an employee works under protest

If an employee works under protest, they continue to work under the changed terms, but make it clear that they do not agree to the change and take steps to challenge it.

An employee should make it clear to you that they're working under protest. They should usually do this in writing on a regular basis, for example every time they get paid.

They should normally only work under protest for a short time so they can formally raise their concerns with you or take legal action if you do not resolve their concerns.

For example, depending on the circumstances, an employee could decide to make legal claims against the organisation for:

·         damages for breach of contract at a civil court

·         'unlawful deduction of wages' at an employment tribunal, if the change affects their pay

·         discrimination, if the change means they are treated unfairly in relation to certain 'protected characteristics' under the law

 

If you impose a change that makes an employee's terms and conditions significantly worse than before, they might be able to claim unfair dismissal while continuing to work under the changed terms. This is a very complex claim. You should get legal advice if you're in this situation.

If there's a trade union

If you impose a change after not being able to reach agreement with a recognised trade union, the trade union might consider:

·         taking industrial action – for example a strike, refusing to take part in certain activities, or a 'work to rule' where employees do no more than what they're contractually required to do

·         supporting individual employees to make claims to a court or employment tribunal

 

Kind regards,

 

John Gray                                                                                          Joseph Ogundemuren

Clarion UNISON Convenor                                                              Clarion UNISON Deputy Convenor

Safety Rep & Pensions Champion                                                 Clarion Housing Association

UNISON NEC Member