UNISON NDC 12: TUPE - Dealing with the challenge of privatisation and austerity cuts

On Tuesday evening there was a fringe  event on TUPE. Speakers were Dave Johnson, UNISON head of private contractors and community and Shantha David, Legal Officer, UNISON Centre and the meeting was chaired by AGS Karen Jennings.  Who was pleased that so many delegates were not tempted by the free Rum being offered at the Cuba Solidarity event next door.

Some key points:- TUPE is all about preserving existing rights not create new rights. It should apply if the "undertaking" continued and retained its economic identity after transfer. Unions can take legal action over Unfair dismissal, unlawful deduction of wages or failure to inform and consult.  If you refuse to transfer you will only be able to prove unfair dismissal if you can prove that you face a significant deterrent after transfer. Which is difficult to prove.

Any post transfer variation to pay would be void if carried out for reason of harmonisation with other workers. Vital to have a clear "paper trail"to prove any failure to inform and consult. Dave Johnson shared some interesting advice about what to do with employers who try and use "Austerity" as a justification for breaking TUPE protection (an Economic, Technical or Organisational reason) which I will not post upon but members can get advice from their branches and region.

UNISON will be publishing updated advice on TUPE and procurement soon. We need to improve TUPE especially over consultation before transfer. Work with the Labour Party to change TUPE when they are next in power.

In the Q&A that took place afterwards there were many "horror" stories about what some employers are planning or have done. UNISON members are very worried by these attacks as well as the complexity and uncertainty of TUPE.

(NB this post based on my twitter feed)

UNISON Community SGE says goodbye to first Chair

This picture is from the UNISON Community Service Group Executive meeting earlier this month at the UNISON Centre. In the middle is  Stephen Brown, who was our first ever Chair of what is now  the 3rd biggest Service Group in UNISON. Stephen was our senior lay activist who did more than anyone to bring about our own sector specific internal organisation.

Stephen was a thoughtful and considerate Chair who always sought to bring about consensus and agreement whenever possible. However, as branch secretary of Quarriers UNISON branch he helped organised and fight his employer over proposed massive pay cuts which resulted in strike action.

Stephen was recently made redundant but was successful in an interview with UNISON and will start his new job soon. A result for the union I think.

Left to right in photo is our new National officer, Simon Watson (who took over from Mike Short); Kevin Jackson from Eastern region, who has taken over as Chair; Head of Community, Dave Johnson and finally but not least our top assistant national officer for Community, Jane Ellis. Who is also we understand planning to leave for a new job in Eastern Europe.