Trade Union Congress 2024: Tuesday

(better late than...) Day 3 for me started with a windy run along Brighton prom and back. Apologies but due to a number of reasons (including a furry of urgent calls and messages from my UNISON members regarding a pending deadline about proposed changes to terms and conditions) I did not make notes about Congress for the last 2 days. 

Highlights was the well received speeches by our Labour Prime Minister, Keir Starmer and our General Secretary, Christina McAnea, as well as a number of other UNISON and other speakers. 

I went to a lunch time fringe on "The digital trade union" organised by @digitcentre . I was late due to on online @unisonclarion meet on T&Cs. In that meeting with members we discussed setting up a WhatsApp group. When I arrived at fringe they were discussing merits of TU WhatsApp!

After close of Congress I went to a fringe on the new Governments proposed changes to employment rights run by ACAS. Fascinating discussions. I made a point that there is such a power imbalance at this moment between workers and employers (in favour of employers) and that we need the proposed changes to take place before we can really discuss improving the relationship and possible partnership between trade unions and employers. 

The law has changed on Flexible working requests

Hat tip ACAS " Unsure about making a #FlexibleWorking request? Under the Flexible Working Act 2023, you can now make two requests within a year.

Visit our advice page for more information, and for a free guide on how to make a request: https://acas.org.uk/flexible-worki"

To be clear these changes are an improvement but making an application is still far from straight forward with many employers. Especially those who have a very poor attitude to such requests and will come up with any old nonsense to reject it. 

See your trade union rep first and get representation at the formal meeting if it is needed. 

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

Edward (Ted) Nolan - socialist, soldier, trade unionist and tenant activist. RIP comrade

 

I was saddened to hear of the death of Ted. He was a good age (87) and had battled ill heath for decades but I have lost a good comrade. Ted was "old school" East End. He lived in West Ham ward but if you asked him if he was local, he would be taken aback and say no, he was from Canning Town! (the next ward to West Ham)

At 18 he was conscripted into the Army and served as a Rifleman overseas during the Malayan Emergency. In the Army he learnt how to drive a Heavy Good Vehicle and when he was discharged began a career as a lorry driver, much of the time transporting dangerous industrial chemicals up and down the land. 

Being a lorry driver he became a member of the T&GWU union and became embroiled in a number of tough disputes with management to protect workers rights. There was no "ACAS conciliation procedure" in those days. 

He would tell me all about these disputes when he was acting as my "bodyguard" during my Councillor surgeries in the TRA room (following the stabbing of East Ham MP, Stephen Timms, all Newham Councillor surgeries are supposed to have someone nearby in case of  problems). 

As well as a trade unionist he was also an active tenants rep. Ted remained a Council tenant all his life and refused to exercise his "right to buy" his home. 

The top picture is my very favourite of Ted, making his point, at a coffee morning surgery with our West Ham MP, Lyn Brown in 2007 (and local Councillor at the time, Judith Garfield). 

Below is the award by Ed Balls MP in 2013 to Ted of a Labour Party "Certificate of Merit" marking his 40 years of service to the Party. Ted only turned up since we pretended that a friend of his would get be getting the award. He never, ever, wanted any "fuss or bother" for himself. 

Ted is being buried this Thursday and in accordance with his wishes, his family want a private funeral. I will be attending to say goodbye to Ted and the ward will be sending a wreath on behalf of all of us. 

World Mental Health day #WMHD

Some useful stuff from ACAS and UNISON. Remember that 1:6 adults had a common mental health problem last week. 

Dear Colleague,

Today is World Mental Health day. This year's theme is mental health in the workplace. We have new guidance to help. Managing staff experiencing mental ill health Dealing with stress Mental health download our guide and view case studies. We also have further guidance on: Managing anxiety Health and wellbeing Challenging conversations Acas has a free elearning module on 'Mental Health Awareness for Employers'. Register for Acas' free eLearning courses. Read our blog from Wendy Canham, Service Manager at West Suffolk Councils who discusses mental health in the workplace and how looking after staff's welfare is everyone's responsibility. We also provide training on Stress in the workplace and Having difficult conversations. To book or for more information call our Customer Services Team on 0300 123 1150 or email events@acas.org.uk

Clarion UNISON newsletter on Staff Survey – Trade Union Recognition

Staff Survey – Trade Union Recognition  On Tuesday 10 January, the head of HR confirmed to the unions that Clarion and Latimer staff would all receive a survey, via email, on the subject of trade union recognition. All staff were sent a link to the survey today (11.01.17) via email. It allows staff to express a preference for a Staff Forum or a recognised trade union. If you opt for a union, a further selection opens up inviting preferences for Unison, Unite or another union. The three unions (GMB, UNISON and UNITE) have developed a positive working relationship within Clarion and Latimer. We are disappointed that your employer has chosen to try to divide us, by asking you to specify which union you would want recognised. We also feel that asking this question will put off people with limited knowledge of trade unions, as they will not know which union to pick and will not respond to the survey or select Staff Forum. The employer refused to allow us to put a statement out to all staff to accompany the survey. We had no input into the question being asked. They did not give unions access to former Affinity Sutton staff. They also turned down our offer of talks at ACAS, a neutral and independent mediation body.    Please vote in support of union recognition   We do not accept the validity of this survey and have real concerns about the way results will be reported. However we have decided that staff should still vote in the survey and demonstrate their support for trade union recognition. We are interested to see the results.   We are drawing up plans for a submission to ACAS, requesting a fair and transparent survey, with the support of both the unions and the employer. We would ask ACAS to help facilitate this.   We will continue to campaign for joint recognition of Trade Unions. We will be approaching all stakeholders, including 176 local authorities and over 400 MPs and Assembly Members, to ask them to encourage Clarion to take a reasonable approach to the issue of trade union recognition.

All Staff Benefit from Trade Union Recognition   Whether you are a member of a union or not, you will benefit from trade union recognition. During the recent reorganization “Fast Forward Circle”, the unions entered into dispute with the employer over the proposed changes to terms and conditions as part of the reorganisation. Circle originally proposed to set salaries through a market review every two years. However, after negotiating with the unions, Circle revised this to allow collective bargaining every year. Pension-matched employer contributions were also increased from 8%, as originally proposed, to 12% for those who have served for five years or more. Circle also abandoned plans to abolish ‘income protection’ – a benefit for those who are sick for more than six months, as a result of talks with the unions. Mark Rogers, chief executive of Circle Housing, said at the time “We are pleased to have come to an agreement with our recognised trade unions on a new set of terms and conditions… as a responsible employer we changed some of the areas that mattered most to our staff having listened to their feedback.”   Affinity Sutton and Trade Union Recognition  Broomleigh was a housing association that became part of Affinity Sutton and now Clarion. Some former Broomleigh staff will remember having trade union recognition for some years, until Affinity Sutton moved to derecognise the unions. During the period of trade union recognition, staff received far better pay increases than they have since union recognition was removed by Affinity Sutton. Ridgehill and Downlands also merged into Affinity Sutton and staff tell us they enjoyed much improved pay offers and terms and conditions, prior to losing trade union recognition.

Trade Union Recognition in other HAs It is normal for Housing Associations, with their ethos of cooperation, partnership and social value to work closely with Trade Unions. Clarion will be unusual if it breaks that link. Here for example are just some of the Housing Associations who have Trade Union Recognition Agreements with UNISON: L&Q, Hyde, Metropolitan, Amicus Horizon, Nong Hill Housing Trust, Family Mosaic, East Thames Housing Group, One Housing, Cross Keys Don’t be at a disadvantage, support trade union recognition for the joint unions.

Upcoming Workplace Meetings Here are dates and times of upcoming joint union meetings: 13.01.17 - Tower View, Kings Hill, Firefly meeting Room - 12.00 - 14.00 17.01.17 - Gee Business Centre - 12.00 - 14.00 - Cheshire Room 18.01.17 - Bishops Stortford - Innovation House 12.00 - 14.00 20.01.17 - Haywards Heath - Venue TBC - 12.00 - 14.00 We will be adding other dates and doing targeted emails to relevant members with updates. Please keep looking out for these.

Your rights to advice and representation UNISON wants to make clear to all its members that if there is a period of time where we do not have recognition with Clarion Housing Group, or Latimer, your individual rights to advice and representation are not affected. You will still be able to receive advice and representation from UNISON Stewards and staff as before. Recognition relates to collective bargaining and some other issues, but we thought it was important to make this clear at this stage. If you have any questions, please get in touch: Email: l.baldock@unison.co.uk                Phone: 07432 735 157 Email: b.wakefield@unison.co.uk            Phone: 0781 712 0556 If you have questions about the proposed merger, or the current Circle reorganisation, please contact John Gray on John.Gray@circle.org.uk

Facebook, Twitter and Website  Please like and follow to receive updates "Like" us on facebook here: https://www.facebook.com/clarionunison "Follow" us on twitter here: https://twitter.com/unisonclarion Or visit the website here: http://bwakefield1.wixsite.com/unisonclarion Please encourage colleagues to do the same.

"The most common reason for unfair dismissal"

I found this advert for an Acas training course interesting. Over the years I have come across some
appalling investigations. Often the main reason is that the investigator simply hasn't a clue what they are doing.

"One of the most common reasons for a dismissal to be found unfair is that an employer has failed to carry out a reasonable investigation. But what exactly is a reasonable investigation?

The Acas Code of conduct on disciplinary and grievance procedures, used by Employment Tribunal Judges, to assess the fairness of a dismissal, says: "Employers should carry out any necessary investigations, to establish the facts of the case".

"The nature and extent of the investigations will depend on the seriousness of the matter and the more serious it is then the more thorough the investigation should be. It is important to keep an open mind and look for evidence which supports the employee’s case as well as evidence against."

So do you need to interview the employee concerned? Do you need to interview all witnesses? Can the same person that carries out the interviews carry out any subsequent disciplinary hearing?

Acas Investigations training courses will answer these questions and more, covering:

The legal background and burdens of proof
Purpose and stages of disciplinary procedures
The responsibilities of the employer
The rights of the employee
The stages of an investigation
Listening and questioning techniques
The role of suspension
Case for dismissal
Writing the report and presenting findings

Update on One Housing Group Dispute: Referrel to ACAS

Some positive news today about the ongoing union dispute over wage cuts and compensation in One Housing Group. 

After a strongly worded request by the majority union UNISON to management, the 15,000 homes landlord and care provider,  One Housing Group has agreed to talks at ACAS "to try and resolve our current union disputes’ and also attempt ‘to improve our overall trade union relations" (Inside Housing) .

To be fair, Unite members who have been on strike for 11 days in recent months on this issue have asked in the past for the dispute to go to ACAS.

I understand that a meeting will take place soon and I hope that a settlement acceptable to all parties can be hammered out. 

See previous posts on dispute and picket line here and here.

(my picture from a past unrelated meeting looking out from the ACAS London office) 

UNISON REFERS DISPUTE WITH ONE HOUSING GROUP TO ACAS

UNISON is demanding One Housing Group (OHG) agree to formal talks with ACAS (Advisory, Conciliation and Arbitration Service) to resolve the ongoing dispute over their proposals to substantially reduce the pay of many Care and Support staff.

UNISON had a binding agreement with OHG after the majority of members voted in favour of a ‘buy-out’ settlement in return for (reluctantly) accepting the new proposals.  OHG Management has since reneged on this agreement, without consultation, and reduced the settlement figure which has angered our members.

Colin Inniss, UNISON Regional Organiser said “All staff members in OHG deserve better than this.  Relations between the Trade Union side and management have become farcical with the Joint Negotiating Committee no longer fit for purpose.

“To add insult to injury a bonus payment has arbitrarily been given to all staff except those working in frontline Supported Living (the same staff facing drastic reductions in salary).

“If management will not agree to meetings with ACAS as a matter of urgency, UNISON will have no other option other than to begin balloting our members for industrial action.”

For Further information or comment please contact:

UNISON Regional Organiser, Colin Inniss 

C.InnissATunisonDOTcoDOTuk

Notes for Editors

1.    UNISON’s represents over 60,000 members in the Community and Voluntary sector.

2.    UNISON’s Housing Association Branch represents 3,500 members in the Greater London Region and the South East.
 One Housing Group is a major provider of care and support across London and the South East and manages 15,000 properties across, 26 boroughs.

3.    One Housing Group’s net surplus for 2012/13 was £35.8 million.

Ends

Rachman Employers: A Branch Secretary Report

On Thursday it is the UNISON Housing Association Branch AGM. This is my contribution to our annual report.

"2011 was a pretty rubbish year for many members. We either had no pay rise or one far below inflation. While in Care and Support, many employees have had their pay, terms and conditions cut. There has been redundancies and job insecurity. The TUPE transfer of staff to Rachman landlords who claim to be “charities” and “social” landlords yet win contracts by deliberately putting in uneconomic bids. Then once they win, they sack, slash, burn and bully staff into leaving or taking huge pay cuts. Knowing full well that at the same time they are putting vulnerable clients at risk. This is a disaster waiting to happen.

But it was not only doom and gloom. The lesson of 2012 is also where we had good union organisation, where there was a higher density of members and an active steward structure, we were able to better defend members, protect jobs and conditions. We made a real difference.

The Public Service Pension strike in November 30th also showed our employers that the branch can deliver effective strike action and picketing. I suspect there will be further such disputes in the future although industrial action will always be very much a last resort.

2012 will be a very difficult year as well. From April, the Government will double the length of time needed to claim unfair dismissal from 12 months to 2 years and is proposing changes to ACAS guidelines to “simplify” dismissal procedures. It is even contemplating introducing “no fault” sacking where you could be dismissed by your employer (with minimum compensation) without them even having to give you a reason. Also from April, if you have been unfairly treated or even discriminated against by your employer you may have to pay up to £1750 to go to a tribunal. I could go on and on about attacks over health and safety, redundancy consultations, TUPE etc.

Workers have to realise that they cannot depend on the “law” to protect them at work. The best defence is a strong union and collective action. So help yourself (and your union) by recruiting a work colleague, going to local union meetings and think about becoming a steward or a health & safety rep.

Finally many thanks to the activists, stewards, branch staff and of course our tireless UNISON full time Regional organiser Colin Inniss for all their hard work during the last 12 months".

John Gray, Branch Secretary

“Yes, it is bread we fight for, but we fight for roses too.” (Google it)

UNISON and Family Mosaic agree to talks at ACAS

Hat tip UNISON press release " A planned ballot for industrial action by UNISON members at Family Mosaic Housing Association has been postponed after both parties agreed to hold talks at ACAS (Advisory, Conciliation and Arbitration Service).

The talks will aim to resolve the dispute over Family Mosaic’s proposals to increase working hours for all front-line staff and substantially
reduce the pay of many social care and support staff.

Family Mosaic has already issued letters of dismissal to all staff members who have not signed new contracts agreeing to the changes. It is anticipated that that threat of dismissal will be postponed whilst talks at ACAS take place.  

London UNISON regional organiser, Colin Inniss stated: “UNISON is genuinely committed to trying to resolve this dispute and we welcome ACAS’s intervention. But any agreed resolution has to be an equitable one. As things currently stand, a large number of our members will have pay cuts ranging from £3,000 to £8,500; a figure which will leave them and their families facing financial misery. Meanwhile, senior management are facing no salary cuts whatsoever. If we cannot get agreement at ACAS, UNISON will be left with no alternatives other than to conduct a formal ballot for strike action and to pursue legal action". Good news - but check out here and here.

Employment Law Prospects 2012: Workers are going to be stuffed

This is from the newsletter published yesterday by Employment Law Barrister Daniel Barnett:-

"Expected Developments in Employment law" 2012 (my comments in italics)

"31 January
closure date for calls for evidence on the effectiveness of TUPE and the scope of the collective redundancy rules - may result in a formal consultation later in the year (TUPE protection will be brought down to the absolute minimum and you could be made redundant in just 30 days)

1 February
new tribunal award limits come into force (Good but still inadequate)

6 March
consultation closes on fees in tribunals and the EAT (It could cost you around £1750 to go to an employment tribunal - far more if you want to appeal)

April
expected that qualifying period for unfair dismissal will increase to 2 years · various tribunal reforms to take effect, e.g. increase in deposit orders and costs awards (bad)· unpaid parental leave to increase to 4 months · working time rules to be amended to allow holiday to be carried forward in limited circumstances · maternity/paternity/adoption pay increases · SSP increases (you could be sacked for no good reason after 1 year 11 months and you will have no effective legal remedy)

October
pensions auto-enrolment begins for larger employers (Good) · national minimum wage may increase, depending on what the Low Pay Commission recommends in February (wait and see)

Developments with no confirmed date but likely to be progressed in 2012
penalties for employers who breach of employment rights (Good but expect wrist slap)· early compulsory ACAS conciliation of all tribunal claims (possibly good) · amendment of whistleblowing rules so that disclosures about breaches of employment contracts are no longer covered (Bad) · compromise agreements to be simplified (possibly good) · consultation on 'protected conversations' between employers and staff about employment issues without risk of dispute (your employer could bully you out of your job legally without protection)· consultation on rapid resolution scheme as alternative to tribunal for low-value and straightforward disputes (Fixed penalty ticket justice?)

· Acas Disciplinary and Grievance Code to be 'looked at' with a view to a simpler dismissal process (nuf said?)

Do not expect the "law" to protect you at work. Time to join a union for collective protection and the Labour Party to get rid of this Government in 2015.

UNISON Quarriers Strike to Protect Staff

UNISON members in the social care provider "Quarriers" which is one of the biggest Charities in Scotland, went on strike yesterday over management plans to slash pay and conditions for staff.

"The package of cuts means more than 560 staff would have their pay cut by 10% while others would lose up to 23% under the plans.

There are also proposals to cut sick pay, increase pension contributions and see other protections removed.  Stephen Brown, branch secretary of Unison Quarriers, said: "Taking strike action isn't a decision we've taken lightly and we want to be back at work doing what we do best - providing vital services to some of the most vulnerable people in society. The cost of utilities, food and transport are all going up and yet Quarriers expect our staff to take a pay cut of up to 23% in some cases".

Quarriers management had even refused to go to ACAS to try and resolve the dispute.  After the overwhelming strike ballot in favour of strike action they agreed to go to ACAS at the last minute but refused to suspend their plans until after this meeting. Which seems pretty pointless and an act of bad faith.

Stephen Brown is also the chair of the UNISON Community Service Group (I am a NEC member for Community). He is one of the most sensible and thoughtful trade union leaders about and I hope that Quarriers management will get their act together and talk to UNISON and get this matter sorted out.
(picture from strike rally in Glasgow)