Unison calls for Decent Protection for Workers facing Redundancy Page 1
Facility Time Arrangements Page 1
Collective Redundancy Cases Page 2 Charging Fees for Tribunals Page 3
The Uk’s Unfair Dismissal Regime Page 4
FOR TRADE UNION FREEDOM
Issue 21 Spring 2012 United Campaign UPDATE FREE ATTACK ON LABOUR RIGHTS CONTINUES ON MANY FRONTS Introduction by john usher, director, United campaign
which, they’re “consulting” on now with the option 1 or 2 on the table, and both as bad as each other - but The Con-Dem attack from April this year the claimants will on labour rights has have to pay their own witness expenses. Not only do they cut legal seen the first legislative changes aid, but they also radically come in on 6th April. undermine “no win - no fee” arrangements. Cameron’s first Ian Murray, the Shadow Employment Minister’s take on speech of the year on “Killing off UNISON, in its response to the Health and Safety Culture” is going the doubling of the Qualifying Period Government’s call for evidence on before anyone has the right to bring a to kill off health and safety and collective redundancies, called for the working people too. claim is on the back page of this consultation period for collective redundancies– currently set at 90 days, edition. There are also pieces on There are four pillars of a cultured Collective Redundancies, the attack on society bolstered by the Government where more than 100 staff are involved - to remain at least that long. Facility Time and Carolyn Jones, after WWII. Health, Welfare, Director of Institute of Employment Education and Access to Justice. UNISON’s evidence shows that, where Rights comments on proposals for There has never been a more claimants in an ET case having to pay sustained attack on these four pillars. large-scale redundancies are being made, anything less than 90 days fees. Unions and working people are exposes employers to the risk of more But there’s more... For instance, not only among those in the front line. industrial disputes, as alternatives won’t do the Government plan to introduce have been properly explored. There’s fees for claimants only in ET’s by 2013, also an increased risk of expensive legal actions, by either individuals or unions, due to procedural mistakes.
Facility time arrangements Unite applauds Labour MP's for defeating Jesse Norman's attack on workers' representatves
Unison calls for decent prrotection for workers facing redundancy
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Bronwyn McKenna, UNISON assistant general secretary, said: “We are urging the government not to One of the latest attacks was a 10 Minute Rule Bill in Parliament brought by Jesse shorten the consultation period, currently set at 90 days in collective Norman - no doubt with the backing of Government. They seem pretty determined to stamp out long standing agreements in the public sector and will redundancies where more than 100 workers are involved. Taking away this encourage the same in the private sector. protection could mean that people Unite general secretary, Len McCluskey said: "Labour MP's are to be applauded could be fired unnecessarily – this is for voting down this spurious bill which was based on a blind loathing of organised very worrying in the current climate. labour rather than common sense.
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"Jesse Norman's bill was a smokescreen and the Tories should be using “90 days allows staff to be properly parliamentary time to fix the economy rather than wasting valuable time targeting consulted, reducing the risk of a dedicated men and women who spend their days preventing accidents, avoiding detrimental impact on their health and tribunals and supporting their colleagues." wellbeing through the undue pressure According to a joint report from the Department for Business, the CBI and the TUC, of a shorter process. This applies both entitled Reps in Action the work of union representatives actually saves employers to those at risk and those left behind to around £1.1 billion annually by helping to resolve disputes and preventing illness pick up the extra work.” and injury at work - ten times more that the £113 million that Norman claims union “The breathing space makes sense not representatives cost the taxpayer. just for employees, but for employers In February, we posted on our website a letter from 3 Local Authorities in Yorkshire too. It gives employers, staff and unions to Eric Pickles, “Communities Secretary”, explaining the benefits to employers of the opportunity to work together to save jobs. It also cuts the risk of union reps facility time. employers facing expensive legal http://www.unitedcampaign.org.uk/sitebody/news/UK/Facility_Time_Arrangemen actions and lengthy industrial disputes.” ts.html
Issue 21
Spring 2012
FOR TRADE UNION FREEDOM
Collective redunancy Consultation rights are A crucial part in unite The union
unite the union submit evidence on collective Redundancy cases Among the substantial evidence provided by Unite to the call for evidence on collective redundancies were these examples:
Alexander Dennis - bus body makers Scotland
The company wanted to make 260 redundancies due to a dip in bus orders. During the 90 day consultation the union had the opportunity to explore a number of options. Measures agreed included short term annualised hours and a short working week agreement. Meanwhile, the company was able to bid for contracts that wouldn’t have been possible, if a reduced workforce and resultant loss of skills had occurred. In the final analysis, all redundancies were prevented. A year down the line, the workforce now have a more stable environment and have agreed a 2 year pay deal worth 4% & 4%.
Novelis This Aluminium re-cycling plant in the West Midlands was to be closed to save jobs here, in France and Germany giving the lie to the argument that poor rights in Britain saves jobs. Given 90 days in which to breathe and consider the options, 120 jobs were saved when other interested parties were encouraged to make bids.
Burtons Foods 660 jobs under threat in the North West following private equity buy-out and plans for asset stripping. In the end the 90 day consultation period allowed the union to make the case for a viable alternative proposal to closure that saved 364 jobs and secured a better deal for those made redundant. The 3 months was needed for this result, including unravelling the ownership and finances of the owners. The union sought specialist market and industry advice that took time and certainly longer than a month.
Issue 21
Spring 2012
FOR TRADE UNION FREEDOM
Charging fees for Employment tribunals And employment appeal tribunals Carolyn jones, director of institute of employment rights responds to the ministry of justice In December 2011 the Ministry of Justice circulated a consultation document called Charging Fees for Employment Tribunals and Employment Appeal Tribunals.
So how exactly do those in power expect workers and their unions to respond to austerity measures that eat away at jobs, pensions, standards of living and workplace rights?
The likely implications of the proposals have been described as bringing little benefit to employers or to the tribunal system while having a disproportionate and chilling effect on employees.
What exactly would the media suggest McCluskey do to show all is not rosy in the English garden?
The IER responded to the MoJ Consultation via its network of experienced experts. A summary article highlighting the Consultation proposals appeared in the Morning Star Carolyn Jones, Director, IER reported.. There was a media furore when Unite leader Len McCluskey raised the spectre of "civil disobedience" during the Olympics. The very next day the misnamed Ministry of Justice (MoJ) published its proposals for charging fees in employment tribunals. The two items are not unconnected. A cursory glance at the state of British employment rights and trade union freedoms highlights the extent to which access to justice is systematically being shut down for British workers. The chronology of Con-Dem policies and proposals speaks for itself. Cuts to the legal aid system of ÂŁ350 million. Increasing the qualifying period for unfair dismissal from one year to two. New threats to the right to strike. Further restrictions on balloting procedures. Proposals to end facility time for trade union reps. Exempting small firms from "dismissal regulation." And now proposals to charge workers for using tribunals. Workers are being regulated out of the justice system and denied a collective voice at work - all at a time when they most need protection.
Waving the flag at the Olympic Games won't pay the rent. Nor will it reverse the rush into economic policies that make the vulnerable pay for the arrogance of the rich and the misdeeds of the bankers. McCluskey's job is to look after the interests of members, whether they be bus drivers or healthcare assistants. Hard-working families didn't dig us into this economic hole and trade union leaders are simply trying to ensure their members don't shoulder the burden of digging out the bankers. Making workers pay for the right to pursue a grievance against their employer at tribunal is just one aspect of a wider attack on access to justice.
"Waving the flag at the olympic games will not pay the rent "
Issue 21
Spring 2012
FOR TRADE UNION FREEDOM market”. Gillian Guy, Chief Executive at Citizens Advice called the change “nothing short of a charter for rogue employers”. So, why does the Government that most employers do not insist on pursuing it? perceive the current level What Ministers have failed of regulation as a major to recognise is that the constraint on growth. The change is likely to have the Department for Business, reverse effect to what they Innovation and Skills’ October 2011 Small Business wish to achieve. What will the impact be on the Barometer report found confidence, productivity that only 6% of small and morale of employees. business owners cited Making employees less regulation as their main secure in their jobs will obstacle to growth. affect their ability to plan Recruitment decisions are complicated but are more for the future and could dent consumer likely to be influenced by operational needs, market confidence, which is already at a generational conditions, levels of low. demand and access to finance than the Most worryingly, the qualification period for proposals are likely to have unfair dismissal. a detrimental impact on young workers who tend to The Business Secretary have a shorter tenure at himself declared that “the work. 59.2% of all UK has a reasonable employees aged 24 and balance between rights under have less than two and flexibility” and the years’ service with their Chartered Institute of current employer. This Personal Development change, coupled with the commented on the record levels of youth proposal that “there is no unemployment in the UK, is evidence whatsoever that something MP's across the this will support the labour country should be really concerned about.
Growth hasnt flatlined Because of the uks unfair Dismissal regime Article by Ian murray mp, shadow minister For employment relations Growth hasn’t flatlined because of the UK’s unfair dismissal regime
decades. Indeed, it was the last Labour government which reduced the period to one year in 1999, which was done on the basis that it struck a better balance between competitiveness and fairness. There is absolutely no evidence that this reduced employment levels or that a shorter qualifying period has led to a loss of jobs or constrained employers’ recruitment decisions.
With unemployment at record levels, there is a pressing need for the Government to take urgent steps to get people off the dole and into jobs. Instead the government used a statutory instrument committee to push through proposals for weakening the right to claim unfair dismissal making it easier to fire, rather than hire extra employees. The qualification period for unfair dismissal will increase from one to two years as from 6th April 2012.
Let us be clear – taking away the employment rights of low paid and vulnerable employees is not a replacement for a proper strategy for economic growth.
The qualifying period for unfair dismissal has fluctuated over many
Even the Government’s own research has shown
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