UNISON wins landmark legal decisions for Barnet council workers
More than 150 Barnet Council workers are set to receive compensation, following a landmark decision, worth hundreds of thousands of pounds, after a decision of the Employment Tribunal announced today (5 February).
The Employment Tribunal in Watford ruled that the council was in breach of changes to s 188 and regulation 13 of TUPE brought in by the Agency Workers’ Regulations by failing to provide UNISON with information on the number of agency workers employed by Barnet Council.
You can read the judgement here
UNISON asked for the information to protect council workers as part of a wider consultation over redundancies and the transfer of staff.
The Tribunal made protective awards of 60 days’ and compensation of 40 and 50 days’ pay in respect of two transfers and a redundancy exercise that took place last year.
The union welcomed today’s decision, as it is one of the first cases, brought under provisions introduced at the same time as the Agency Workers’ Regulations in October 2011. They require employers to provide information on the agency workers engaged during TUPE transfers and collective redundancy consultation.
The Judge in the case described Barnet’s refusal to provide information as “a relatively serious failure”. And UNISON said the decision, upholding the requirement to provide information on agency workers, has important ramifications for other unions, to help them negotiate more effectively and avoid redundancies.
Dave Prentis General Secretary of UNISON, said:
“Today’s landmark decision is an important step forward in protecting workers when they are under threat of redundancy or transfer. It must act as a warning to other councils that they must provide information on agency workers to unions or suffer the consequences.
“Across the country, councils are cutting and outsourcing services. Workers need to be protected from having their rights ridden over roughshod. Today’s decision is recognition of the difficulties that unions face when employers withhold information that could and should be given.”
John Burgess, Barnet UNISON Branch Secretary, said:
“We welcome this decision which recognises the hard work of our local reps who have consistently raised the issue of agency workers data over the last three and half years.”
Our reps repeatedly warned the Council about their responsibilities to provide the agency data at a time when staff are at ‘risk of redundancy’ and outsourcing. Barnet Council have become increasingly reliant on consultants and chose to ignore our attempts to resolve this matter locally.”
The Employment Tribunal found:
1. That the Respondent (Barnet Council) failed to comply with s 188 of the Trade Union and Labour Relations (Consolidation) Act 1992 in respect of redundancies that took effect on 31 March 2012 by failing to provide information on agency workers;
2. The Respondent failed to comply with r 13 of TUPE 2006 in respect of transfers on 1 April and 1 May 2012 by failing to provide information on agency workers; and 3. The Tribunal has made protective awards of 60 days and compensation of 40 and 50 days respectively in respect of these breaches.
Ends
Save our NHS in Enfield & support other NHS campaigns
Yesterday Barnet UNISON attended a march to save the Barnet Chase Farm Hospital. This campaign has been ongoing for ten years but the announcement (privatisation or bankruptcy) last week about the future of hospital services in Enfield demands a response from residents, community groups, local politicians, trade unions.
The march ended at the hospital where a number of people entered and have now begun an occupation.
Survival fear for hospital trust if merger talks fail
BARNET and Chase Farm Hospitals NHS Trust could be privatised or face bankruptcy if its merger with the Royal Free Hospital falls through, councillors have been warned.
Commons set for debate on plans for A&E closures
“parliamentary committee’s decision to hold a debate at the House of Commons next week on accident & emergency department closures.”
Demonstrators to march through Enfield in protest at proposed Chase Farm A&E and maternity closure
Across London residents and community campaigns are springing up.
Save Lewisham Hospital Campaign
Check out SaveLewsihamA&E their website here
http://www.savelewishamhospital.com/
Save Whittington Hospital Campaign are busy preparing to fight to save their local hospital please note meeting
They are having a public meeting on
Tuesday 12th February 2013
7.30 – 9.00 pm
Archway Methodist Hall, Archway Close, N19 3TD
Sign their petition here http://www.gopetition.com/petitions/stop-the-sell-off-and-cuts-at-the-whittington-hospital/sign.html
“Agency Worker mystery – How many jobs are there?”
UNISON has for the last three years been chasing the Council about transparency about agency figures in order that staff at risk of redundancy are able to have an opportunity to find employment and avoid compulsory redundancy.
Every Friday those council staff art risk of redundancy receive a Redeployment Bulletin. At any one time there may be advertised up to 40 jobs. However, on average at least 50% of these jobs are often in schools.
The Council has a statutory duty when there is a risk of redundancy or a TUPE transfer to provide trade unions agency worker details.
This information is also provided at local industrial relations meetings otherwise known as Area Joint Negotiation and Consultation Committees (JNCC’s)
The last Agency worker list provided to the Trade Unions reported a total of 552. This figure has been broken down into the following service areas:
· Adult and Social Care – (85)
· Chief Executive Services (84)
· Children’s Services (89)
· Commercial Assurance (32)
· Corporate Governance (2)
· Deputy Chief Executives Services (49)
· Environment Planning & Regeneration (211)
UNISON has been informed this does not mean that there are 552 vacant posts which are all being filled by Agency workers. However UNISON has been trying to establish how many of these posts are covering actual permanent posts (including fixed term) which could be filled by a member of staff who is at risk of redundancy.
Any UNISON members at risk of redundancy who are concerned that they are not accessing internal job vacancies please contact the branch on 0208 359 2088 or email contactus@barnetunison.org.uk
Feedback from Tripartite meeting on Monday 28 January
1. G4S still no show
Week Four and still no sign of G4S in our weekly meetings. UNISON was told G4S are taking over the cash collection which is currently provided by the Finance Service. The delay and uncertainty for members is unacceptable. UNISON was informed there would be an update by the end of the week. Deadline has been and gone
2. Staff Handbook/Policies
We were told this would be made available to all NSCSO staff by Wednesday at the latest. Deadline has been and gone..***update it has now arrived. 30 consultation has begun.
3. Capita response to UNISON letter – waiting for a response
4. Barnet Council response to UNISON letter – response due in 10 days
5. “Will I be entitled to my redundancy payment if….”
This is the most frequent question I am, asked and quite frankly it is disappointing that the employment matrix which was shared with UNISON several weeks ago has still not been produced for staff. It is critical for all staff working across NSCSO to be able to see what their employment options are after the transfer to Capita.
6. Capita Service Presentations
Capita provided presentation for IS/ICT services which they want to roll out for all 8 services transferring to Capita. This was in response to UNISON’s request for more detailed information about the staffing implications of the transfer. Contacgt the branch if this is not shared in your service.
7. “Less consultation – not a good idea”
On Monday the Council announced that they wanted these meetings to be fortnightly. UNISON objected and added that they wanted more meetings to discuss the growing number of concerns being raised by UNISON and our members. This is a TUPE transfer like no other. There are significant numbers of staff at risk of redundancy after transfer. UNISON is seeking to reduce the numbers of staff being made redundant. Reducing the meetings is not going to help this process.
UNISON reps will be turning up at the agreed time and expect to meet with Capita, LBB, Barnet Homes, G4S.
8. Embargoed Tripartite minutes
Members are quite rightly asking for mire details about the Tripartite meetings. I had asked that the minutes of these meetings be provided to staff on the intranet. Astonishingly the Council & Capita opposed this proposal. Last week, UNISON made a proposal that at each meeting the minutes would be agreed and if there were any items that needed to be embargoed they would be removed and the rest of the minutes circulated to staff. Unfortunately this reasonable request was not accepted. UNISON fully supports the transparency agenda and will report back on these meetings. We registered our disappointment about the use of embargoing of Tripartite minutes.
9. Capita Talent Connect
UNSION was informed that the above website which was providing employment opportunities would be ready this week. Deadline has been and gone