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 Pay, Bargaining and Equalities Seminar 2012

On Thursday I attended this national UNISON seminar at our headquarters in Euston. Jane Carolan, NEC, Chair of Service Group Liaison welcomed us saying that the traditional response by the union to serious disputes with our employers had been industrial conflict, that option will always remain but we also need to consider other options. We had a presentation on the "Economic Overview" by Nicola Smith , Head of Economic and Social Affairs at the TUC.

After a Q&A there were workshops on "Outsourcing and procurement"; "Attacks on terms and conditions"; "Negotiating with the private and voluntary sector" and "Bargaining". Then there was a presentation on UNISON Pay Strategy by our General Secretary Dave Prentis and Assistant General Secretary Karen Jennings. This was followed by a reception in the Atrium with speaker Anna Bird (Fawcett Society - see picture). On Friday morning Alistair Hatchett, Head of Pay and HR services from the IDS gave an entertaining account of how the Tories and the Tax Evaders Alliance deliberately distort and mislead on public sector pay. After the last workshop, Mike Kirby, Regional Secretary Scotland spoke on "making the best of the Coalition Government, a perspective from devolved nations".

I am pleased that UNISON is taking the education and development of its activists seriously. Not just the nuts and bolts of bargaining and negotiating but the wider economic, social and economic framework.

UNISON Community Seminar 2012

Picture of Karen Jennings, Assistant General Secretary opening the 2012 UNISON Community (and Voluntary sector) Seminar at the Brighton Centre. Today is our Service Group seminar and tomorrow is our biannual Conference.

The Chair of Community Stephen Brown (middle) gave a vote of thanks to our former national officer Mike Short (left) who has been promoted within UNISON.

This weekend will be dominated by the impact of the cuts on our sector. Many "care and support" workers have already suffered massive pay cuts (30%) and the slashing of other terms and conditions. While the government is directly responsible for this, there are rogue employers who are leading a race to the gutter and undercutting responsible employers. How to combat this effectively will be a key theme.  Pointless and divisive sloganising will of course achieve nothing. But members are suffering and we need to defend them.

I am here as a Community NEC member. I'll try to post and tweet as we go on.