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What happened before and why the Council offer is not an offer…yet!
To put it mildly there is now a war of words taking place within the Council.
UNISON is concerned about the impact is having on a workforce where morale is at an all time low and staff understandable looking for ways to leave. The fact that there are so few opportunities makes for a stressful work environment.
I want to take this opportunity to go over the Council offer, which they have imposed on their staff last week through the use of quite extraordinary communications.
The Generous Offer???
1. All employees in services moving to a new employer will be able to continue their membership of the Local Government Pension Scheme uninterrupted and unchanged
2. Local union recognition will be protected for staff moving to external suppliers
3. Terms and conditions of staff transferred will be protected for at least one year after leaving the council’s employment
4. Any changes to terms and conditions after that first year will have to be negotiated with the appropriate trade union.
Now compare with what has happened to former Barnet Council staff
1. Fremantle
When Care staff were outsourced to Fremantle
They took their pensions with them (less than 20% of staff are now left in the scheme)
When Care staff were outsourced to Fremantle
Fremantle recognised UNISON
When Care staff were outsourced to Fremantle
Fremantle consulted with the UNISON
When Care staff were outsourced to Fremantle
Fremantle waited a couple of years before the destroyed the terms & conditions of our members
2. Greenwich Leisure
When staff were transferred to Greenwich Leisure
They took their pension with them (less than 1% left in the scheme)
When staff were transferred to Greenwich Leisure
Greenwich recognised UNISON
When staff were transferred to Greenwich Leisure
Greenwich Leisure consulted with UNISON over changes to terms & conditions after a couple of years.
When staff were transferred to Greenwich Leisure
In the time since staff were transferred to Greenwich Leisure there are now no staff left on council terms and conditions
3. Cleaning Contractors
When cleaners were privatised
They took their pensions (less than 1% are left in the scheme)
When cleaners were privatised
The contractors recognised UNISON
When cleaners were privatised
Contractors consulted with UNISON
When cleaners were privatised
They waited over a year before attacking terms & conditions
4. Home Care workers
When home care staff were transferred to Housing 21
They took their pension with them (less than 20% left in the scheme)
When home care staff were transferred to Housing 21
They recognised UNISON
When home care staff were transferred to Housing 21
They consulted with UNISON when they attacked our members terms & conditions
5. Housing Repair workers
When housing repairs were transferred to Connaught’s
They took their pensions (there are less than 30% of them left in)
When housing repairs were transferred to Connaught’s
Connaught’s recognised UNISON
When housing repairs were transferred to Connaught’s
Connaught’s consulted with UNISON before attacking our members terms & conditions.
Our members working in housing repairs are now working for Lovells but are now facing their fourth TUPE in 6 years
UNISON response
We told the Council that
1. Location: The number 1 concern for our members. If the contractor plans to deliver services outside of the borough all the other points in the council offer are subsequently meaningless if you are made redundant. UNISON said the services must be located within the borough. We have consistently been saying this since 2008.
2. Pension scheme. The Pension Scheme must be open to new starters
3. Protection: Protection should be for the life of the contract or in case of 10 year contracts a minimum of 5 years.
TUPE has been a concern for Barnet staff since the launch of Future Shape/easycouncil/One Barnet.
The most common question asked by staff in the last 3 years is
“How long does TUPE last?”
There is no real answer. It covers the moment you are transferred to the new employer. Most companies wait at least a year before they start on terms & conditions. In our local examples above that was the case. UNISON knows it, the Council knows it, which is why UNISON is saying the Council is being disingenuous when it states
“Terms and conditions of staff transferred will be protected for at least one year after leaving the council’s employment”
If the contractor can claim there is an economic and /or technical or organisational (aka ETO) reason for change they can consult on changes to terms & conditions, that is what happened to all the former council employees.
UNISON understands the risks and as a trade union it is our role to try and protect our members. That is what trade unions do.
No self respecting trade union would do otherwise. Our branch has attempted over three years to enter into a genuine dialogue with the Council and that is still our position.
Up until the 6 September we were waiting for the full & final offer which we would submit to our members for consultation. However, things changed dramatically when the Council launched a pre-emptive attempt to undermine and spread confusion amongst our members by using what members have described as bullying and intimidatory use of council communications.
UNISON have consistently made it clear that we would suspend any action once we received a final offer.
What is really going on in Barnet
Earlier this week Barnet Council began what has been described my many of our members as a systematic and ruthless campaign to bully and intimidate UNISON members who are about to take strike action.
It is important to understand that the Council have walked away from negotiations and are now trying to circumvent negotiations with UNISON by bombarding staff with a deliberate misrepresentation of what has been taking place in negotiations
Here is a comment from a letter sent by our UNISON regional organiser to our Chief Executive yesterday
“Finally, it is of grave concern to UNISON that the council’s negotiating team has been limited to HR staff. UNISON fielded our Regional Head of Local Government in addition to the Branch Chair, Branch Secretary and myself as we regarded the issues posed in Barnet as being of significant strategic importance. It remains a disappointment to us that the Council has not seen fit to deploy senior strategic staff in support of its HR team in these negotiations and I would ask you to rethink its composition for the future.”
For the avoidance of any doubt the UNISON negotiating team consisted of:
UNISON Head of Local Government
UNISON Regional Organiser
Barnet UNISON Branch Secretary
Barnet UNISON Branch Chair
Council Negotiating Team
Interim Assistant Director of HR (Consultant)
Head of Business Partnering & Change
HR Policy Lead (Consultant)
You can read the full letter here
Hardship application forms
Some our members are about to begin industrial action.
If you are taking action please download the Hardship application form here
Branch response to the Council Offer
Barnet Council is carrying out an intensive and aggressive campaign to undermine UNISON and to seek to prevent our members from taking striek action on Tuesday 13 September aka Barnet Independence Day.
To read our response to the Council offer click here
Press Release: 400 UNISON members to take strike action on Barnet Independence Day 13 Sept
FOR IMMEDIATE RELEASE
On Tuesday 13 September up to 400 UNISON members working across the following services will be taking strike action
Trading Standards & Licensing, Land Charges, Planning & Development, Building Control & Structures, Environmental Health, Highways Strategy, Highways Network Management, Highways Traffic & Development, Highways Transport & Regeneration, Strategic Planning & Regeneration, Cemeteries & Crematoria; Parking Services, Revs & Bens,
The Trades Dispute concerns the identity of the employer. Barnet Council is promoting the One Barnet programme which is just a ‘remix version’ of the ‘contracting out’ ideology from the 1980’s. There are already several contracts out for consultation with the private sector. The value of the contracts (fast approaching almost £2 billion) has already attracted the big Private sector FAT CATS.
Up to 70% of the council workforce could be transferred to the Private sector in little more than 16 months time.
Dave Prentis general secretary message to Barnet UNISON.
“To the 400 UNISON members taking strike action: UNISON members across the country are standing shoulder to shoulder with you as you challenge this council – a council that refuses to listen to its workforce, a council that refuses to listen to logic or sense, a council now embarking on a reckless gamble”
“Last week our union commissioned a report on the impact of outsourcing on the council’s pension scheme. The report gave a damning assessment of the serious financial risks to the pension scheme as a direct result of One Barnet programme.
Heather Wakefield UNISON’s head of local government,
‘The widescale privatisation at the heart of One Barnet should be placed under the severest scrutiny by Government, Barnet’s scrutiny committee and the people of Barnet themselves. The council’s failure to ensure procurement procedures and the obvious detrimental impact on the Local Government Pension Scheme of privatisation of local services are just two good reasons for challenging the path that Barnet has chosen. The third is the waste of public money involved in the procurement process through payments to consultants, procurement costs and payments to shareholders – money which should be invested in local people and local services.’
John Burgess Barnet UNISON Branch Secretary said
“The Council need to recognise that ‘political dogma’ also known as One Barnet programme cannot be allowed to continue to expose residents, services and staff to a high risk strategy and expect them to pick up the bill.
What we mean by ‘independence’
A recent article “Greensquare Field – Planning to Outsource Planning posted on the local Barnet Eye Blog encapsulates conflict of interest’s issues:
“At the moment Barnet Council is in the middle of tendering to outsource a number of services, one of which is the planning service. In the running are a number of companies: Capita Symonds, Atkins, Jacobs and E C Harrison. The planning consultants who represent Higgins Homes plc, and have done through 2 planning applications, 2 planning appeals, a village green application and the draft LDF, work for Capita Symonds. If Capita win the tender, they will decide any future planning applications.”
As council services for Barnet as a place to live and work, our decisions must be 100% independent and free from any ‘conflict of interest’.
Barnet Alliance have recently published a newspaper their front page spells out the dangers of the One Barnet here
Barnet UNISON is asking for the One Barnet programme to be put on hold.
End.
Contact: John Burgess Barnet UNISON on 07738389569 or email: john.burgess@barnetunison.org.uk
Useful Links
1. Outsourcing Planning – local blog
http://barneteye.blogspot.com/2011/09/guest-blog-greensquare-field-planning.html
2. The potential impact of reduced active membership of the London borough of Barnet Pension Fund,’ (First Actuarial LLP)
To read summary click on link below
To read full report click on link below
3. Barnet Alliance newspaper ‘Our Barnet’
http://barnetalliance.files.wordpress.com/2010/11/baps_2_aug_2011-page-011.pdf
http://barnetalliance.files.wordpress.com/2010/11/baps_2_aug_2011_centre2.pdf
http://barnetalliance.files.wordpress.com/2010/11/baps_2_aug_2011-page-041.pdf
4. Life not so easy for council facing £1.5m outsource bill
http://www.localgov.co.uk/index.cfm?method=news.detail&id=100493
5. The ‘shrinking by outsourcing’ models – implications for staff
http://www.barnetunison.me.uk/sites/default/files/Barnet_Briefing%20No%206.pdf
6. Directors Cut for Barnet Independence Day
http://www.youtube.com/watch?v=3826zTEyhoI
7. Obama direct message to striking UNISON members
http://www.youtube.com/watch?v=3H4csb-Sgz4&feature=related
Obama direct message to UNISON members on Barnet Independence Day
GoAnimate.com: Obama direct message to UNISON members by Barnet UNISON
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Our Barnet Newspaper now out
Obama sends message of solidarity to UNISON members
GoAnimate.com: Obama sends mesage of support to Barnet UNISON by Barnet UNISON
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President Obama, David Cameron and the stolen banner
GoAnimate.com: Obama & Cameron and the stolen banner by Barnet UNISON
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