“Withdraw the compulsory redundancies”: £7,804,000

Before our members read this article. It is important to note that there is no detriment to the best of our knowledge to the Pension Scheme because of the unlawful actions identified in the report going to Full Council on Tuesday 28 January 2025. This is confirmed in paragraph 10.2 of the report.

“It should also be emphasised that as the Local Government Pension Scheme (LGPS) is a defined benefit scheme there is no impact as a result of these transactions on members’ benefits.”

 

What has happened?

UNISON has only recently discovered that something unlawful has taken place involving payments to the Council’s Pension Scheme.

The matter was first publicly discussed Pension Fund Committee – Tuesday 14th January 2025 7.00 pm.

You can listen to the discussion by clicking on the link below. You need to scroll 1 hour and 6 minutes to hear the discussion about the unlawful payments.

https://aisapps.mediasite.com/AuditelScheduler/Player/Index/?id=a1c6cfd1-5311-44ae-94fa-6aff99b35ae6&presID=11f4679ca075408d948fb7b34a51a1811d

 

The next piece of critical information came to our attention when the reports were published for the Full Council on Tuesday 28 January 2025.

One damning paragraph stands out:

“5.2.1 After taking advice, and based on the information available the Monitoring Officer and the Section151 Officer are of the view that the Additional Payments and the Repayments were unlawful.”

Source: Report to all Elected members of London Borough of Barnet Under Section 5(2)(a) of the local Government and Housing Act 1989 and Section 114 (2)(a) Local Government Finance Act 1988 By Jessica Farmer Monitoring Officer and Kevin Bartle Chief Finance Officer (Section 151 Officer).

https://barnet.moderngov.co.uk/documents/s87758/Appendix%20A%20joint%20report%20S5S114.pdf

The report uses the term unlawful ten times unlawfully once and unlawfulness once.

It is a shocking report.

UNISON recommends that members read the above report that is being discussed at Council meeting.

The two paragraphs set out what happened:

“4.2 The Council (acting as a scheme employer) made a one-off prepayment of £20,477,000 to the Fund in April 2020 (“the Prepayment”) instead of secondary contributions for the years 2020/21, 2021/22 and 2022/23. This was because the Council was advised that a Prepayment would save the Council money compared  with making secondary contributions over three years. The Council received leading counsel’s advice, which was taken without reference to the Monitoring Officer, that making the Prepayment was lawful in principle.”

“4.4 After the Prepayment, the Council continued to make periodic payments of (in effect) secondary contributions for the three financial years 2020/21, 2021/22 and 2022/23 (“Additional Payments”). These were made contrary to the Rates and adjustments Certificate. In effect, the Additional Payments would duplicate the Prepayment, and so officers also arranged that the Fund would repay most of the Additional Payment back to the Council in three annual repayments (“Repayments”). Because of a lack of documentation and staff turnover, the Monitoring Officer and Section 151 Officer have not been able to understand clearly when or why the Additional Payments and Repayments were arranged. As far as the Monitoring Officer and current Section 151 Officer can tell, the most likely explanation is that, at the time, officers believed that the outcome of these fund flows would be advantageous for the Council in accounting terms, while not being disadvantageous to the Fund. In any event, the Additional Payments were made and two of the three planned Repayments have also been made: £6,508,000 in October 2020 and £7,574,000 in October 2021.”

For those of us who are not financial experts the two paragraphs explain that not only was an unlawful payment of £20,477,000 made into the Pension Fund but that a further three payments were made of the next three years which resulted in effect in a double payment into the Pension Fund. Towards the end of the final paragraph the Council explains that the Council clawed back two payments back but that once the unlawful payments had been discovered everything was put on hold.

Many of our members reading this report will know that they all are expected to follow Council procedures and understand what happens if you don’t follow. Many of our members will be wondering about who has the powers to authorise spend. The responsibilities for senior managers are set out in what is referred to as the Scheme of Delegation which you can read on the Council website here https://barnet.moderngov.co.uk/documents/s24780/Appendix%20D%20-%20Scheme%20of%20Delegated%20Authority%20to%20Officers.pdf

There are a number of questions UNISON has about how this could happen, but our immediate concern is in regard to the numerous redundancy consultations taking place.

£7.8million is a lot of money that is owed to the Council.

At this moment in time the Council is coming to a close on a number of redundancy consultations which, if confirmed, are going to mean staff will be made redundant. Vacancies will be deleted in teams where there is already increasing pressure on the workforce to deliver more with less resources and to work in a job where their pay has failed to keep up with the cost-of-living crisis.

It is UNISON’s understanding, and we would be happy to publicly correct it if we have misunderstood the report above, that Barnet Council is attempting to find a way to retrieve £7,804,000 back from the Council’s Pension Fund.

£7,804,000 is a lot of money and it is UNISON’s view that if this money were back in the Council’s bank account, then it could be used to mitigate some of the redundancies/cuts to public services which are about to be signed off by Barnet Council.

In the meantime, we have several questions.

  1. Was there a scheme of delegation for the Pension Fund?
  2. If not, why not?
  3. Who made the decision to make the prepayment?
  4. Who decided to make the decision to subsequently carry on with payments that the prepayment was intended to cover?
  5. Who can authorise a payment of up to £20million
  6. What was the cost of the initial legal advice in 2020?
  7. Who has authority to seek counsel’s opinion
  8. Who did seek counsel’s opinion in this case?
  9. Was counsel’s opinion seen by the monitoring officer?
  10. If yes what was their opinion, if not why not?
  11. Was the scheme was initiated by the council acting as the fund or as the employer i.e. did the pension fund ask them to do it?
  12. What has been the total cost of legal advice and tax advice taken so far?
  13. Has anyone been subject to a disciplinary investigation?

 

Recommendations:

As a result of the breaking news UNISON is demanding the following:

  1. The redundancies are withdrawn in anticipation that the monies owed can mitigate the need to make the redundancies in this year.

 

 

UNISON response to Barnet Council’s Restructure Proposals 2024/25

Barnet UNISON has, since September 2024, proposed financial savings which we believe should be tried before any of these other posts are deleted. To date we have had no response and instead our members’ jobs and services are now at risk.

Please see our budget saving recommendations below:

To view our report please click on the link below

UNISON response to Barnet Councils Restructure Proposals 2024

https://www.barnetunison.me.uk/wp/wp-content/uploads/2025/01/UNISON-response-to-Barnet-Councils-Restructure-Proposals-2024.pdf

 

 

 

 

 

“Three Chief Executives and one plumber”: The unfinished story

Week One of Barnet Council redundancy consultation has ended with six restructures across the Council with more to follow next week.

Barnet UNISON has published several articles where we believe there are savings to be made before any services are stopped or staff dismissed.

Please see the articles published to date below.

UPDATED: Barnet Council the Tale of “Three Chief Executives and one plumber”

https://www.barnetunison.me.uk/wp/2024/10/18/barnet-council-the-tale-of-three-chief-executives-and-one-plumber/

 

No stone left unturned” Number 1: Update on Barnet Council Agency Spend.

https://www.barnetunison.me.uk/wp/2024/11/25/no-stone-left-unturned-number-1-update-of-barnet-council-agency-spend/

 

“No stone left unturned” Number 2: CEO The Barnet Group & Plumber with oncosts.

https://www.barnetunison.me.uk/wp/2024/11/25/no-stone-left-unturned-number-2-ceo-the-barnet-group-plumber-with-oncosts/

 

“No stone left unturned” Number 3: Does it make sense to have a Barnet Council CEO & CEO The Barnet Group.

https://www.barnetunison.me.uk/wp/2024/11/25/no-stone-left-unturned-number-3-does-it-make-sense-to-have-a-barnet-council-ceo-ceo-the-barnet-group/

 

“No stone left unturned” Number 4: What about the senior management review?

https://www.barnetunison.me.uk/wp/2024/11/25/no-stone-left-unturned-number-4-what-about-the-senior-management-review/

 

 “No stone left unturned” What is The Barnet Group (TBG)? Number 5: Part One

https://www.barnetunison.me.uk/wp/2024/11/15/part-one-who-is-the-barnet-group/

 

“No stone left unturned” What is The Barnet Group (TBG)? Number 6: Part Two

https://www.barnetunison.me.uk/wp/2024/11/15/9925/

 

 

“No stone left unturned” What is The Barnet Group (TBG)? Number 7: Part Three

https://www.barnetunison.me.uk/wp/2024/11/15/part-three-who-is-the-barnet-group/

 

“No stone left Unturned No 8: “Fixing the foundations or looking after corporate big businesses?”

https://www.barnetunison.me.uk/wp/2024/12/04/no-stone-left-unturned-no-8-fixing-the-foundations-or-looking-after-corporate-big-businesses/

 

 

No stone left unturned No 9: Bah Humbug “Withdrawal of Tea and Coffee.

https://www.barnetunison.me.uk/wp/2024/12/04/no-stone-left-unturned-no-9-bah-humbug-withdrawal-of-tea-and-coffee/

 

“No stone left unturned” Number 10: Barnet Homes the elephant in the room.

https://www.barnetunison.me.uk/wp/2024/12/04/no-stone-left-unturned-number-10-barnet-homes-the-elephant-in-the-room/

 

 “No stone left unturned” Number 11: We got to talk Capita

https://www.barnetunison.me.uk/wp/2024/12/04/no-stone-left-unturned-number-11-we-got-to-talk-capita/

 

“No stone left unturned” Number 12: Service Pressures

https://www.barnetunison.me.uk/wp/2024/12/04/no-stone-left-unturned-number-12-service-pressures/

 

“No stone left unturned” Number 13: Economies of scale.

https://www.barnetunison.me.uk/wp/2024/12/10/no-stone-left-unturned-number-13-economies-of-scale/

 

End.

“No stone left unturned” Number 12: Service Pressures

 

UNISON comment:

We have produced a graphic to show how service pressures appear to be driving the financial crisis.

What is surprising is the pace the figures are changing.

For Barnet UNISON members who are now aware about the Budget setting process, the Council must present and pass a lawful budget each year.

Once of the financial considerations when setting a lawful budget is to consider the risks such as service pressures on the budget. For example, Adult Social Care (Communities, Adults and Health) is always under pressure due to demand. UNISON understands financial information is provided to senior managers and they must make a decision as to what level of service pressures their budget is likely to have for following years.

In the case of Adult Social Care if you look at the first table at the top of the graphic which was agreed at the Council Budget Meeting on 1 March 2022, Adult Social Care was forecasting services pressures of £3.2 million in 2023/24 and £2.2 million in £2.22024/25 and another £2.2million for 25/26.

If you look at the second table showing a year later, which was agreed at the Council Budget Meeting on 28 February 2024, there are changes. Adults Social Care has changed their forecast from £2.2million to £22.3million. That is a massive increase. However, in the same table Adults Social Care forecast that service pressures for 2025/26 will only be £87,000.

Now look at table three. This table is going to Cabinet Committee on 5 December 2024. Adults Social Care has revised its service pressure from £87,000 to £23.7million for 2025/26.  

Below is a list of questions which UNISON has requested a response.

1.Is the right financial information being made available to inform decision makers?

1.1 When the financial information is being produced is the most up to date service demand properly understood and considered?

2. Do the decision makers understand the information being made available?

2.1 Do service managers promptly identify and prioritise action plan to mitigate service pressures?

3.How can the service pressures being agreed at Council Committee meetings be so wrong?

4.How can service pressures be relied on going forward to support a legal budget?

 

End. 

 

 

 

 

 

 

 

No stone left unturned No 9: Bah Humbug “Withdrawal of Tea and Coffee.

Barnet UNISON attended a Council finances meeting in the Council depot with our members and the chief executive. Several of our members asked why the Council had taken away their tea and coffee. Staff were informed that taking away the tea and coffee would save the Council £50,000.

To understand the scale of the cut when compared to the total spend which is £400,000,000 millio a £50,000 cut equates to 0.0125% saving.

UNISON comment: This is a workforce that works outside. They can’t pop off to the staff kitchen to make a cuppa. The only time they get to make use of tea and coffee is first thing in the morning before the shift starts at 6 am. During the cold winter months why would Barnet Council choose to deny a hot drink for their manual workers?

UNISON has asked for this to be restored but as, yet we have not had a reply.

End.

 

 

Apology: UPDATED: Barnet Council the Tale of “Three Chief Executives and one plumber

Dear Barnet UNISON Members

Following some complaints about some pay inaccuracies in our post entitled:

“UPDATED: Barnet Council the Tale of “Three Chief Executives and one plumber””

UNISON has updated the salary information.

To view updated article, click on link to our website here.

https://www.barnetunison.me.uk/wp/2024/10/18/barnet-council-the-tale-of-three-chief-executives-and-one-plumber/

At the same time, we have been informed that we will be given complete set of information about all four posts above including what is referred to a ‘oncosts’ for each role to ensure fairness and transparency.

Once we have this information we will update the articlle again.

Following the complaint, we had chance to think about our attempts for transparency and openness about spend particularly since the Council announced a serious financial crisis and the need to find £20million in savings in this financial year.

The Localism Act 2011 – Openness and accountability in local pay 1.1. Section 38(1) of the Localism Act 2011 requires local authorities to publish an annual pay policy statement.

The Local Government Transparency Code 2015 issued in February 2015 by the then Department for Communities and Local Government; and specific guidance relevant to the Localism Act issued by the Department in February 2012 and February 2013.

To comply with the above legislation Barnet Council, publish their Pay Policy document each year which shows the pay for all posts above £58k.

Barnet UNISON has reflected on this and has subsequently requested for the same transparency to be applied to TBG and BELS whereby each year the salaries that meet the criteria set out in the legislation above are published either by TBG and BELS or they are published alongside Barnet Council Annual Pay Policy each year.

Barnet UNISONs preference would be the reports would be submitted together to ensure that there is full transparency over Council spending on staff.

We are awaiting a response and will update members accordingly.

End.

National Pay Strike Ballot: What is UNISON doing?

Barnet UNISON members will join 360,000 UNISON members across England and Wales, in a National Pay Strike ballot which opens on 4 September and closes on 16 October.

UNISON advice to all 360,000 members is to VOTE YES for strike action

When can I vote?

Ballot papers will be sent directly to UNISON members’ home addresses. It is important that ALL Barnet UNISON members put a cross in the box and post the ballot back in the envelope provided.

For a successful strike ballot, a trade union must ensure that at least 50% of members have voted.

We know from other trade unions that it is important to contact all our members personally to try and get over the 50% target.

To this end Barnet UNISON will begin work to speak to every one of our members who are being balloted.

  • We will be organising meetings in workplaces, schools, children centres, depots, Colindale both in-person and online.
  • On Monday 2 September 6.30 pm we are holding an online National Pay meeting to explain about the strike ballot and to take questions.
  • We are organising a telephone banking team to try and speak to every member. If you have a message left on your voicemail from Barnet UNISON, please respond back in order we can check you off as having voted. If you receive a text message from UNISON, please respond so we can register you as having voted.
  • We will also be sending emails to members asking if they have voted. If you have voted please reply to confirm, if you have not voted or you do not have a ballot paper, please let us know as we can help to have another ballot paper sent out to you.

How much are they offering?

To understand why UNISON is recommending all 360,000 members to VOTE YES for strike action UNISON has produced a helpful online tool which provides each member with clear information that this is another PAY CUT during the worst cost of living crisis in 77 years.

Before you use the online calculator, you will need to know your annual salary. If you don’t know what you earn, please speak to your line manager.

You can access the link using the QR Code ( create QR code for this link  but keep link in flyer https://unisonpaycalculator.co.uk/ )

The online calculator provides four bits of financial information.

To help explain how it works we are using an example of a Barnet Council Grade D worker (working full time) and on the bottom of the grade.

  1. This worker currently earns £28,272.
  2. Using the UNISON National Pay Calculator this worker will with the current offer will move up to £29,763
  3. UNISON’s claim was for £3,000 or 10%, whichever was greater.
  4. The online calculator shows UNISON’s Pay claim would mean another £1,710 for this Grade D worker taking their pay to £31,474.
  5. Had this Grade D worker’s salary kept up with inflation since 2010, they’d be receiving £35,340.
  6. UNISON view is being £1,710 worse off is not a pay rise which is why all UNISON members are being advised to VOTE YES for strike action.

Is there enough money?

  • The answer is YES.
  • The UK is the sixth largest economy in the world.
  • We are in the worst cost of living crisis in 77 years
  • The number of UK billionaires has gone up by 20% since pandemic.
  • MPs will get a pay rise from £86, 584 to £91,346 alongside expenses and subsidised meals.
  • 177 billionaires in the UK increased their wealth by £150 billion between 2020-22 (directly benefiting from the pandemic!). Billionaire Britain – Equality Trust.
  • Oxfam’s analysis found that the richest 1% of Britons hold more wealth than 70 per cent of Britons, while the four richest Britons have more wealth than 20 million Britons.
  • Shell continues to reap the rewards of soaring energy prices, reporting astounding profits of £5.8 billion in Q4 2023 bringing the year’s grand total to £22 billion
  • New figures released by the Trussell Trust have also revealed that more than 3.1 million emergency food parcels were provided to people facing hardship between April 2023 and March 2024.
  • England’s water firms made £1.7bn in pre-tax profits. This is up 82% since 2018-19, when the same companies made £955m
  • Food shopping prices are still rising.  
  • Rent and/or mortgage payments are still rising.

The Government chooses who they give the money to … and it’s not to public sector workers. The value of public sector pay has fallen by almost 27% which is why we are in this serious cost of living crisis.

End.

Mental Health Social Workers visit ADASS headquarters

On Wednesday 26 June 2024 a group of Barnet UNISON mental health social workers paid a visit to the London Headquarters of Association of Directors of Social Services (ADASS).

The purpose of the visit was to deliver their letter of concern to ADASS.

On this occasion our letter was accepted.

You can view our letter by clicking the link below.

FINAL LETTER TO ADASS

 

End.

 

Our strikers paid a visit to CQC offices in London

 

On Wednesday 12 June 11.30 am Barnet UNISON mental health social worker strikers went to CQC London office to hand in a letter to CQC outlining the serious issues facing mental health services in Barnet.

Our strikers made their way to the plush offices in the new developments surrounding Stratford station.

At reception we asked to meet someone from CQC in order that we could hand over our letter.

What happened next was bizarre. CQC refused to accept our letter. A member of security came and spoke to us and explained they would not accept our letter.

We pointed out that (see in the screenshot of CQC website) that it states very clearly that:

“You can leave information or documentation at the main reception.”

It was obvious CQC were not prepared to receive our letter of concern.

Later, we sent the letter by registered post, and we now have confirmation that someone signed to confirm they now have possession of our letter.

You can read our letter by clicking on the link below.

https://www.barnetunison.me.uk/wp/wp-content/uploads/2024/06/FINAL-LETTER-TO-CQC.pdf

As of Wednesday 26 June 2024, no one from CQC has contacted the branch.

End.

 

 

Barnet UNISON: “BANNERS HELD HIGH” lobby : Tuesday 9 July 6 pm.

On behalf of our mental health social worker strikers, in solidarity with the 40th Anniversary of the Miners’ Strike, Barnet UNISON is inviting supporters to our:

“BANNERS HELD HIGH” lobby of Barnet Council Full Council

Tuesday 9 July 6pm outside Hendon Town Hall, NW4 4BG

The nearest tube station is Hendon station on the northern line. Turn right out of the station for a 10-minute walk up the hill then turn right at the top and the Town Hall is a one-minute walk on the left.

In 2015, our branch had the honour to march through Thatcher’s back yard with the late Davey Hopper and the Durham Miners banner, and the iconic LGSM banner.

https://www.barnetunison.me.uk/wp/2015/09/11/join-the-original-members-of-lesbians-gays-support-miners-durham-miners-union-barnet-unison-on-kids4libraries-march/

https://www.barnetunison.me.uk/wp/2016/06/10/message-of-solidarity-from-davy-hopper/

This lobby will mark the end of nine weeks of continuous strike action. By the end of this strike action our strikers will have taken 81 days of strike action which started in September 2023.

Our strikers have stood up to the worst gaslighting and intimidation that our branch has seen ever.

Over the past four weeks Labour controlled Barnet Council has paid for a recruitment agency to provide social workers to carry out the work our strikers would be doing if they were not on strike.

It is UNISON’s view that this is strikebreaking. Many UNISON members at UNISON conference agreed, along with our General Secretary Christina McAnea listen below.

https://youtu.be/Wyl9UxFp5LA?feature=shared

The actions of Barnet Council to employ Tory tactics and anti-union laws to strike break is an attack on the trade union movement as it provides cover for other employers to use the same tactics to break other strikes.

This is why there needs to mobilisation across the trade union movement publicly condemning strike breaking not just for our strike but all strikes.

You can provide support by calling out the Leader of Labour controlled Barnet Council by joining hundreds of trade union members and supporters in signing and sharing this statement.

https://bit.ly/barnetstrike

As trade unionists Barnet UNISON believes we should applaud our striker’s commitment which is why our branch is asking trade union members across the country to make plans to attend this lobby and most importantly to bring banners/placards to Hendon Town Hall.

Please feel free to circulate this call to action to any who would like to support our lobby.

If you organise social workers, please feel free to share.

Finally, please let our strikers know if you are able to attend by sending an email to contactus@barnetunison.org.uk

In Solidarity

Barnet UNISON

 

End.

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