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)