UNISON gets employment tribunal fees scrapped

What a fantastic legal victory for UNISON and all British workers at the Supreme Court today. I must admit as a UNISON NEC member when we received reports on the 4 year legal battle which got turned down by the High Court and the Appeal Court that I was worried that we would lose and be liable for massive costs.

However,  today UNISON defeated the Government and they have been forced to scrap the (up to) £1200 fees for taking a case. The balance of power between the employer and the worker has dramatically shifted in one day.

While you cannot totally rely on employment tribunals for justice and security at work (for all our imperfections, you can only seek this from trade union membership) it is an important safety net.

Dodgy employers and bullying managers will think twice about the way they treat their staff since they will realise that their victims will no longer be priced out of seeking justice.

Of course, even if you don't have to pay massive fees, you still need trade union membership to pay for expert and professional legal advice and when appropriate, representation.

Well done to UNISON assistant general secretary Bronwyn McKenna and all her legal team.

"Employment tribunal fees will be scrapped after UNISON won a landmark court victory against the government this morning. 

The Supreme Court – the UK’s highest court – has unanimously ruled that the government was acting unlawfully and unconstitutionally when it introduced the fees four years ago.

From today, anyone who has been treated illegally or unfairly at work will no longer have to pay to take their employers to court – as a direct result of UNISON’s legal challenge.

 The government will also have to refund more than £27m to the thousands of people charged for taking claims to tribunals  since July 2013, when fees were introduced by then Lord Chancellor Chris Grayling.

Anyone in England, Scotland and Wales wanting to pursue a case against their employer has had to find as much as £1,200. This has been a huge expense for many low-paid employees, says UNISON.

Reacting to this morning‘s decision, UNISON general secretary Dave Prentis said: “The government is not above the law. But when ministers introduced fees they were disregarding laws many centuries old, and showing little concern for employees seeking justice following illegal treatment at work.

Read the full Supreme Court judgement in
R (on the application of UNISON) v Lord Chancellor

 “The government has been acting unlawfully, and has been proved wrong – not just on simple economics, but on constitutional law and basic fairness too.

 “It’s a major victory for employees everywhere. UNISON took the case on behalf of anyone who’s ever been wronged at work, or who might be in future. Unscrupulous employers no longer have the upper hand.

 “These unfair fees have let law-breaking bosses off the hook these past four years, and left badly treated staff with no choice but to put up or shut up.

“We’ll never know how many people missed out because they couldn’t afford the expense of fees. But at last this tax on justice has been lifted.”

 UNISON assistant general secretary Bronwyn McKenna added: “The Supreme Court correctly criticised the government’s failure when it set the fees to consider the public benefits flowing from the enforcement of legal rights enacted by Parliament.  

 “The effective enforcement of these rights is fundamental to parliamentary democracy and integral to the development of UK law. UNISON’s case has helped clarify the law and gives certainty to citizens and businesses in their everyday lives.”

 The decision marks the end of a four-year fight by UNISON to overturn the government’s introduction of fees.

UPDATE: 
The actual UNISON Enforcers

My NEC report to UNISON Community Service Group Executive

In June I was re-elected unopposed as the Community General Seat representative on Unison National Executive Committee (NEC). Isobel (Izzy) McVicar the other Community NEC member was replaced by Janet Byran.

Izzy was the first ever female NEC Community member and had done a fantastic job on the NEC for our members and the union. I have no doubt that she will soon be back soon in a national position.

The first meeting of the 2013-2015 NEC was immediately after the end of our National Delegate Conference in Liverpool. This meeting was to elect our lay President and vice Presidents for the following year. I was really pleased that Maureen Le Marinel has been elected president of UNISON for the next 12 months. Maureen is branch secretary of the Lancashire police branch and is the union's first openly gay president.

Lucia McKeever, a nursing assistant is the new senior vice-president. Lucia is the first woman from Northern Ireland to hold this position. Maureen and Lucia are joined by North Yorkshire County Council branch secretary Wendy Nichols, as junior vice-president - making this the union's first ever all woman presidential team.

The first business meeting of the NEC was on July 3rd at the UNISON Centre building (our national headquarters) in Euston Road, London. At this meeting our general secretary Dave Prentis told us that mobilising for the NHS Rally on 29 September at the Conservative Party Conference in Manchester - must be a priority for the union. It is also an event to defend the welfare state and public services. Which are key issues for Community members, both as workers and citizens.

Pay and the casualisation (such as Bank staff or zero hours contracts) of the workforce are the other campaigning issues for the whole union. Community Care and Support members have suffered from direct cuts in their wages while most of us have had “hidden” pay cuts due to years of below inflation pay awards (if any). Many of our members are also still on poverty minimum wage rates.

Assistant general secretary Bronwyn McKenna reported on a recent equal pay victory members in Scotland which will hopefully stop employers using ridiculous arguments to avoid equal pay justice.

The NEC has a number of sub-committees. I had been re-appointed by the lay Presidential team to be a member of Policy and Development sub-committee, an employer trustee on the £600 million UNISON staff pension fund and as a delegate to the TUC Congress. There is a great UNISON motion going to Congress on Fair Pay (not a minimum wage, not a “living” wage but fair wages including terms and conditions such as sickness benefits and pensions) which I will report further about soon. I was re-elected by NEC Link levy payers to the National Labour Link Committee.

Next was a series of elections by NEC members of Committee Chairs and vice chairs. During which I spent an hour stuck in a lift with 12 other NEC members. Which was not a particularly pleasant experience but as a Housing management officer gives me more empathy with my residents when they complain about lift breakdowns! (see picture above from inside trapped lift)

I am planning to make regular reports to Community members on NEC and sub-committees I sit on. The next NEC meeting will be in October. Please circulate this report to any Community members in your branch and let me know of any issues or campaigns that I should be aware of or can offer assistance.

John Gray

NEC Community General seat Member (and Secretary of Greater London Housing Association Branch). If any Community branches or members want to contact me please ring 07432 150 530 or email john.gray2012ATBtinternetDOTcom (personal blog "John’s Labour blog" http://grayee.blogspot.co.uk/ and Twitter @grayee)

Save Lewisham A&E March (26 Jan 13)

Conroy Lawrence, Lewisham Hospital UNISON Assistant Branch Secretary (and Hospital electrician) seen in picture top left with UNISON Assistant General Secretary Bronwyn McKenna. Conroy said.

"This has been a historic demonstration with of over 25,000, representing a total cross section of our community, surely this cannot be ignored by this Government, a Government who stated in their manifesto they would ensure "no forced closure of A&E Departments"

 "On behalf of Lewisham Hospital staff we would like to thank those that turnout to support us from the bottom of our hearts and we pledge ourselves to continue to fight this undemocratic and dangerous attempt to close Lewisham A&E Department for as long as it should take"

UNISON Lewisham Hospital nurse and branch secretary Mike Davy stated "If they can get away with closing Lewisham Hospital A&E, not because it is "failing", not on "clinical grounds" but to bail out a Private Finance Initiative (PFI) deal in another hospital, they can effectively close any A&E department in the country"

 "David Cameron once threatened a bare knuckle fight over Hospital A&E closures, but where is he now ?".

"The Spirit Level: Why Equality is Better for Everyone" UNISON, IER & The Equality Trust

 Last Thursday evening I went to a talk by Richard Wilkinson, one of the authors of "The Spirit Level: Why Equality is Better for Everyone" in the new UNISON HQ in Euston. It was co-sponsored by The Institute of Employment Rights (IER), UNISON and the Equality Trust.

The meeting was Chaired by John Hendy QC (below 2nd left). UNISON Assistant General Secretary, Bronwyn McKenna (3rd left) welcomed everyone and spoke about the grim environment that Unions face. "We are being attacked by the Government, employers and the Courts. The information in The Spirit Level could be one of our ways to stop being defensive and go on the attack. It is clear that the health and well being of a country is also linked positively to levels of trade union density. Since countries where trade unions are strong tend to be more equal and successful societies". I love her quote from the Supreme Court

“The right to bargain collectively with an employer enhances the human dignity, liberty and autonomy of workers by giving them the opportunity to influence the establishment of workplace rules and thereby gain some control over a major aspect of their lives, namely their work.” Unfortunately of course this was not the British Supreme Court - but the Canadian.

UNISON Head of Health, Karen Jennings (4th left) was the next speaker and she told us that she believes this book is as important as the research carried out in the 18th and 19th century into poverty which proved that those who lived in filth and overcrowding died the earliest. 

Professor Richard Wilkinson (left) and Kate Pickett (absent) wrote the "The Spirit Level”. I’ve read the book and seen him speak at least twice now. He keeps trying to say he is a boring speaker and you should not want to see him at all if you have read the book. However, each time I have heard him he has been entertaining and informative. 

Some key stuff (to me anyway):  Richard enjoys countering the arguments of the right who attack his book and who appear to believe that grinding poverty is actually good for you! Yep.

He believes that “the left” lost its way when Marxism was discredited by the loss of freedoms in the Soviet Union and Eastern Europe.  We should be confident of a better future, but this must be based on empirical research. It’s not good enough just to say we want an alternative without doing the maths. He thinks that his book is a small contribution to change.

I only really understood that night that it is not only the right who will have “a problem” with the “The Spirit Level”. While the United States is the most unequal country with the corresponding worse health and social failings. The 2nd greatest advanced capitalist society, Japan, is the most equal and has by far the best health and social outcomes. Both societies are very different with regard to individualism and paternalism but their actual economic systems are pretty similar.

Richard thinks it is bizarre that we have such a wealthy material society for so many but still have so many social failings. We are richer than ever but look at levels of self harm at schools, drug abuse, violence and levels of mental health. When you map economic growth in rich countries there is a diminishing returns curve. There is no significant difference in life expectancy amongst the very rich countries but there is when related to income.

The Spirit Level is not a theory of everything but a theory of a problem that tends to be common.  

How can you explain why 23% of the UK have mental health problems but only 8% of Germans? Why have some countries 300% increases in mental health when compared to others?

Why does Canada and the USA have such different homicide rates from the use of firearms - yet similar levels of Gun ownership?  

How can the prison population of countries be predicted so accurately by the degree of income inequality in that country?

Why do harsher prison sentences and use of the death penalty tend to be found in more unequal societies?

Why is social mobility (the Cameron “Big Society” wanted outcome) higher in more equal societies? Why is Richard able to tease audiences across the pond by saying that if they want to live the American dream then statistically they should move to Denmark?

Why is infant mortality in Sweden when compared to England and Wales better in all social classes including the rich?

Why is income inequality so damaging to health and well being?  This question is I think a problem that has not yet been properly explained.  On the one hand it may seem like the "bleeding obvious". But where is the empirical proof? Richard thinks it is down to Psychosocial risk factors such as
"Feeling of inferiority"..."low social status"... weak social affiliations" and maybe the sheer stress of being poor and downtrodden.   This makes sense but not entirely convincing in the absence of the statistical proof that makes the rest of the book so compelling.  Still, this proves that it is not the theory of everything and does not distract from the overwhelming power of the main argument which is backed by tons of research.

In the Q&A I mentioned that we are trying in our sector (the “not for profit” and voluntary sector) to introduce the principles of “The Spirit Level”. Since surely if it is bad for society to be unequal then it is as corrosive and damaging for such inequality to take place in the workplace? I asked if there was a trade union guide to becoming a “Spirit Level Negotiator”. Richard replied that apparently the Swedish Trade unions have published a cartoon guide and others have done some work on this. One member of the panel said "you only have to ask".  I will.

So there you have it. If you work for any organisation where the income gap between the top and the bottom is too high - then you work for a bad, bad company. 

UPDATE: Richard will be speaking to a fringe at this years UNISON NDC conference.  I will post timings and venue as soon as poss.

The Spirit Level: IER & UNISON Thursday 9 June

By coincidence I have recently been trying to put together "The Spirit Level Negotiator" briefing note (with help from others). 

Just as it has bad outcomes for our society in general to have gross inequality of income, it is also harmful that there is such a huge gap between the top and the bottom pay levels in individual organisations.

Particularly in the voluntary and community sector (who should know better).

The Hutton report on Fair Pay was surprisingly useful.  I'll post on the Negotiator when its finished.   Hopefully local trade union reps in my sector could use this as resource to bargain over pay with their employers.

If you have never read "The Spirit Level: Why Equality is Better for Everyone" or not heard either of its authors speak, then I urge you to apply for tickets to this event.

(I still have to write up a post about the SERTUC meeting on "The Spirit Level" held earlier this year.)

Question Time on Equality Bill – How will women fare?

I missed this UNISON/Fawcett Society fringe (Wednesday) but have received good feedback from those who did and have looked at this here. Probably the largest conference fringe with over 150 present.

The UNISON speaker was Bronwyn McKenna, Head of organising and membership.

Now that “no win, no fee” legal vultures are now withdrawing their tribunal cases against UNISON the union can now concentrate on pursuing employers for equal pay.

Make Equality Happen – Mandatory Equal Pay Audits

“Will you make history as a great reforming government, bringing equality law up to the standards of the 21st century?”

UNISON’s Director of Organising and membership, Bronwyn McKenna, posed this challenge today at the Labour Party conference.

See Press Release here

There is an Equality Bill going through Parliament and UNISON believes that this could finally deliver equal pay for women. What needs to happen is that the bill includes mandatory equal pay audits. At the moment the Government apparently favours a “voluntary approach” towards audits.

I think that the arguments Bronwyn presented demolish the case for any further voluntarily measures. Enough is enough, is this country really serious about getting rid of pay discrimination or is it just going to be leave things to further fester?

Bronwyn points out “Asking employers nicely will not tackle entrenched discrimination,”. Employers have had since 1970 to start paying women fairly. “They have not volunteered to do it yet and they will not volunteer now. The bill must make audits mandatory, along with sanctions that have real teeth if the law is not followed.”

“It is impossible to right historic injustice on the cheap,” Ms McKenna told the conference. “We welcome government measures to allow councils to release money for equal pay but really, nearly 40 years after Barbara Castle’s Equal Pay Act, it is unacceptable that we are still failing to find all the money needed to pay women – women who are core Labour voters – fairly.”

Current equal pay laws are complex, weak and ineffective, she said: “We know that women are paid 17p an hour less than men; 40p in the case of part-time women.” Yet only 126 won equal pay cases last year – “enough to fit comfortably onto two double-decker buses or one bendy bus in London.”

The legislation must be updated, Ms McKenna stressed. It must comply with European law, and it must allow hypothetical comparators. Equality is at the heart of everything UNISON does, Ms McKenna told the conference. And equal pay is an issue that really matters to the union’s one million women members, the members for whom it is taking tens of thousands of equal pay cases.

Labour governments have always led the way on equality legislation, she said, “and this government is no exception, bringing in life-changing civil partnerships, equality duties and other measures.”

Now it must act on equal pay.

Some of the usual suspects opposed to mandatory audits