2. Fire and re-hire: dismissal and re-engagement in Community
Conference notes the introduction into
Parliament of Employment and Trade Union Rights (Dismissal and Re-engagement)
Bill by Barry Gardiner MP and backed by the Institute of Employment Rights
which sought to amend the law relating to workplace information and
consultation, employment protection and trade union rights in order to provide
safeguards for workers against dismissal and their re-engagement on inferior
terms and conditions which was blocked by the government at second reading in
October 2021;
That in November 2021 the Advisory,
Conciliation and Arbitration Service (ACAS) published guidance for employers
considering making changes to employment contracts, making clear that fire and
rehire should be an option of last resort and that employers should first have
made all reasonable attempts to reach agreement through full consultation;
That in March 2022 the government
announced its intention to develop a new Statutory Code of Practice,
"which will clarify and give some legal force to government expectations
that employers should behave fairly and reasonably when seeking to change
employees’ terms and conditions" and that "The code will act as a
deterrent, particularly to those employers seeking to use the threat of fire
and rehire as a negotiation tactic." At the time of writing this code has
not been brought forward.
Conference further notes the subsequent
introduction of a private member’s bill the Employment and Trade Union Rights
(Dismissal and Re-engagement) Bill introduced by Lord Woodley (Labour) in the
House of Lords in August 2022.
Conference shares the widespread concern
at the BBC reports in July 2021 that companies involved in high-profile
disputes about alleged ‘fire and rehire’ tactics included British Gas, P&O
Ferries, Sainsbury’s, Argos, British Airways, Weetabix, Jacob Douwe Egberts
(JDE), and Tesco.
Conference is particularly concerned
that use of these tactics extend much wider and encompass our own employers in
Community.
In particular, Conference notes the case
of registered charity St Monica Trust who against a backdrop of a national
recruitment crisis in social care, in 2022, gave staff an ultimatum: sign new
detrimental contracts effectively cutting their pay (with some employees losing
more than £3,000 a year and also facing cuts to their sick pay and reductions
in working hours) or face dismissal. At the time of writing this dispute had
resulted in strike action.
Conference has previously highlighted
many aspects of the crisis in social care and the use of ‘fire and re-hire’
tactics is just one response from unscrupulous employers who seek to make
cost-savings at the expense of their key asset – their workers.
Conference believes there is a clear
need for stronger enforcement mechanisms against exploitative employers who put
share-holders or trustees interests first, whilst ruining the lives of their
workers, and failing to remunerate them appropriately.
Conference therefore calls on the
Community Service Group Executive to:
a) Continue to work with the National
Executive Council (NEC) and other Service Group Executives to highlight this
pernicious practice and the effect it has on UNISON members including those in
Community.
b) Support the call for stronger
enforcement mechanisms and legislative change to ultimately outlaw Dismissal
and Re-engagement.
Community
Service Group Executive
I am speaking in a pension fringe on Collective Defined Contributions schemes and will hopefully get involved on other pension, housing and "fire & rehire" debates.
While it is a non political campaign, the truth of the matter is that to deliver this we need to elect a government which is willing to provide the subsidy needed to provide truly affordable social housing.
While there are massive governance and accountability issues also to address. In my view it is only the election of a Labour Government with a working majority that can deliver anywhere near this aim (or possibly exceed).
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"Our new report shows that the FTSE 100 CEO pay increased from £3.38m in 2021 to £3.91m in 2022. Median CEO pay is now 118 times that of the median UK full-time worker, compared to 108 times in 2021 and 79 times in 2020.
This is the highest level of median pay since 2017, and is an increase of 16% on the median FTSE 100 CEO pay in 2021, which stood at £3.38 million.
Pascal Soriot of AstraZeneca was the highest paid CEO, making £16.85m, ahead of Charles Woodburn of BAE Systems who made £10.69 million.
The ten FTSE 100 companies with the highest CEO pay were as follows:
| Company | CEO | Pay (£m) |
| AstraZeneca | Pascal Soriot | 15.32 |
| BAE Systems | Charles Woodburn | 10.69 |
| CRH plc | Albert Manifold | 10.38 |
| BP | Bernard Looney | 10.03 |
| Experian | Brian Cassin | 9.94 |
| Shell plc | Ben van Beurden | 9.70 |
| British American Tobacco | Jack Bowles | 9.62 |
| Anglo American plc | Mark Cutifani/ Ducan Wanblad | 9.54 |
| Endeavour Mining | Sebastien de Montessus | 8.99 |
| GSK plc | Emma Walmsley | 8.45 |
The analysis also that:
At a time when so many households are struggling with living costs, it is surely not desirable or sensible for companies including some of Britain’s biggest employers to prioritise a half a million pound pay rise for executives who are already multi millionaires.
How major employers distribute the wealth that their workforce creates has a big impact on people’s living standards.
The High Pay Centre is calling for reforms to regulations affecting the corporate pay-setting process including:
They have to provide the resources and capacity for staff to effectively support all our residents. It is also vital that they support staff who are trying their very best to provide these essential service. Too often they are unsupported and thrown into deep end with an impossible workload and unrealistic expectations by out of touch and unsympathetic senior management. Compare and contrast the support given by many Councils to their front facing social service staff with such issues and the often non-existent support ("ring our stress line contractor") provided by most Housing Associations.
As the UNISON national NEC member who works for and supports all our 50,000 plus Housing Association members, I can say with conviction, that this is a national issue for all of us.
It was sad to read about the (short) lives and deaths of village soldiers in Little Hadham church. Also, it was interesting to see the expensive memorials on the sides of the church, remembering rich parishioners who left money for the "deserving" (in their eyes) poor in their wills. The money was invested in Government gilts or annuities (loans) and the income (3 or 4% pa) used to pay for this relief. Leaving aside the morality of this, I wonder what happened to the capital they had left? This practice of leaving money for the "poor" was relatively common. Will try and find out.
Later that evening I met residents from my ward (with my ward colleague Cllr John Whitworth. Our 3rd ward colleague, Cllr Mclean, is a member of a Planning Committee, so therefore could not attend) to discuss a local planning proposal.
This proposal would, if accepted, result in in new homes being built but only at "Market rents". In September 2022 average rents in Newham for a one bed flat was £1300 per month.
There is also a number of other important objections to this particular development.
While there will be some payments by the developers to fund possible social housing or infrasture, it would appear that very little if any, of the 5800 on the Newham Council homelessness register or the 34,000 on its waiting list will be able to afford such "market rents".
I hope we can find a way to fund more homes for homeless families but I will certainly be working with residents to change, or if necessary, stop any proposal to build any single development that is 100% market rents.
I am looking forward to attending their future events including their housing fringes during this years Labour Party conference.
I am planning to bring up UNISON Housing related issues at conference and attend as many social housing (and pension) fringes as possible.
Join the LHG here (Labour Party supporters only)
Hat tip Clarion UNISON Facebook page "Solidarity to Unite Housing association members taking strike action over their pay cuts. Hopefully Clarion UNISON members will be taking similar action next month".
"Nearly 60 workers at Freebridge Community Housing, based in King’s Lynn, were balloted by Unite the Union to take part in industrial action.
The 7,000-home landlord offered employees a 5% pay increase and a £500 non-consolidated payment, Unite claimed. The union argued that this represents a real-terms pay cut with retail price index inflation at 10.7%.
The striking workers are responsible for providing home maintenance repairs and estate services, Freebridge said.
Many of the workers, who perform roles including cleaning, are paid little more than the national minimum wage and are struggling to pay their bills, Unite said.
The nine strike days are 21, 29, 30 and 31 August and on 4, 5, 6, 7 and 8 September.
This walk last month was a delight. A bit overcast but quiet and peaceful. Started off with a coffee in local village cafe and a pint in a local pub at end.
I found this 5.9 mile circular walk in the Ordinance Survey website (subscription) and it was provided by Country Walking magazine (which also a subscription but is free for certain walks if you subscribe to OS but you only get very limited details - see below).
