Category Archives: Workers Rights

UNISON in ANOTHER Court of Appeal victory over employers who fail to consult unions

UNISON has won a landmark court victory today (Friday) that makes it much harder for employers to ignore staff when making major changes in the workplace.

The Court of Appeal ruling means that for the first time employers will be obliged to consult with unions around any workplace issues that affect their members.

Until now, unions only had the right to be consulted where the law required this, for example in TUPE regulations where employees transfer from one employer to another, and in redundancy cases.

The ruling means employers will also have to involve unions in issues such as those around working hours and holiday pay.

It will benefit thousands of employees whose rights at work are under threat and means that employers will face greater scrutiny over their treatment of staff, says UNISON.

The victory came about after the union took up a case involving parks police who were made redundant by the London Borough of Wandsworth.

The Court of Appeal ruled that UNISON had the right to be consulted by Wandsworth over the job losses.

More on UNISON website.

To Transport for London: Keep Uber’s drivers and passengers safe

Sign petition here.

Last year GMB won a landmark employment tribunal against Uber, which ruled that its drivers were not self-employed contractors but employed workers – and were therefore entitled to the national minimum wage, sickness and holiday pay.

This important case has major implications for more than 30,000 drivers across England and Wales. Many of our drivers are working long hours for less than national minimum wage in order to try and make ends meet. Drivers working excessive hours is bad for drivers, bad for passengers and bad for Londoners.

Uber refuses to accept they’re an employer and has appealed. That means they still refuse to pay their drivers a living wage, give paid rest breaks or abide by laws that limit the number of hours they work. It’s wrong for Uber not to live up to its responsibilities, and none of us wants worn-out drivers on our roads.

Transport for London (TfL) is in charge of renewing Uber’s 5 year license to operate in London, and they’re going to make a decision on it this summer. Today, GMB, the union for Uber drivers, has called on TfL not to renew the license unless Uber guarantee safe working practices and basic employment rights.

Together we can remind TfL of their obligations to all Londoners and not just to Uber’s powerful lobbyists. Sign the petition to tell TfL to keep Uber drivers and passengers safe.

Massive Court Victory: Employment Tribunal Fees Ruled Illegal

The case was taken by the UNISON trade union, which successfully argued that the fees – which can be as high as £1,200 per case — prevented many workers from gaining justice at work.20258126_928598360611760_5349853763245492798_n

TUC General Secretary Frances O’Grady said:

“This is a massive win for working people. Congratulations to UNISON for doggedly pursuing this case. Today’s result shows the value of working people standing together in trade unions.

“Too many low-paid workers couldn’t afford to uphold their rights at work, even when they’ve faced harassment or have been sacked unfairly.

“Tribunal fees have been a bonanza for bad bosses, giving them free rein to mistreat staff. Any fees paid so far should be refunded as soon as possible.”

More on Touchstone Blog: http://touchstoneblog.org.uk/2017/07/employment-tribunal-fees-found-unlawful/

Unison website: https://www.unison.org.uk/news/2017/07/massive-win-union-massive-win-workers/

 

 

 

A tribute to Jayaben Desai: An unlikely and reluctant star of the British trade union movement

Jayaben Desai, in August 1977, outside the Grunwick factory, where she led a walkout and a long-running strike

DesaiAs one of the sacked women workers employed by Grunwick, a film-processing firm based in north London, Jayaben fought for better pay, conditions and dignity for workers in 1976 and 1977, on behalf of 137 sacked and poorly paid Asian women. At first she and her fellow workers were not in a trade union, but after a visit to the Trades Union Congress, she and her workmates joined Apex, which is now part of the GMB. Their struggle was supported by Brent Trades Council.

This was the beginning of a legendary battle for trade union rights, it was to become a watershed for British trade unionism and Jayaben Desai was to become an inspiration to a generation of trade unionists, and beyond. Famously, she told her factory manager, “What you are running is not a factory, it is a zoo. But in a zoo there are many types of animals. Some are monkeys who dance on your fingertips. Others are lions who can bite your head off. We are those lions, Mr Manager”. Jayaben Desai, union activist was born 2 April 1933 and died 23 December 2010.

This Black History celebration event will feature Jayaben Desai’s struggle and will allow some prominent modern day trade unionists to describe how she helped to shape their views and working lives. Kamaljeet Jandu will explore lessons for unions from that struggle in meeting the ongoing challenge of ‘organising migrant workers’ today. There will be plenty of time allowed for contributions from the audience.

Speakers Include:    

Tim Roache               General Secretary, GMB

Betty Joseph             Chair, SERTUC Race Relations Committee and NUT

Kamaljeet Jandu     National Equality Officer, GMB (Theme: Organising of, and organising with, migrant workers)

Megan Dobney        SERTUC Regional Secretary

2 October 2017: 5.30pm for 6pm start, concluding with a short drinks reception 8pm-8.30pm

Congress House, Great Russell Street, London WC1B 3LS

Congress House is a fully accessible building. There is no charge for attending this event

If you wish to attend you must register by contacting sertucevents@tuc.org.uk, by calling 020 7467 1220, or register by post to SERTUC, Congress House, Great Russell Street, London WC1B 3LS

 See SERTUC Resources at http://sertucresources.wordpress.com/ for information about other SERTUC events or publications

LSE University cleaners to strike every week, indefinitely until they win equality

qVprSWvTCoXwiLl-fullsizeMigrant workers at the London School of Economics University begin indefinite programme of strike action over unequal treatment and terms and conditions on 11 May. An almost entirely migrant workforce of outsourced cleaners is about to embark on an indefinite programme of strike action over the LSE’s refusal to grant them simple equality with their in-house counterparts. Read more here.

Messages of Solidarity for “Barnet Two” email contactus@barnetunison.org.uk

18342733_10155078055521206_1978186995523180223_nPLEASE SUPPORT.

As a result of consultation we have now learnt that the two welfare rights workers (now to be referred to as the “Barnet Two”) are not being sacked in order to make CUTS, they are being sacked because vulnerable families will get a better service without them!

Before I address the issue of why it is so wrong to sack the Welfare Rights workers I want to highlight this scene in Ken Loach’s BAFTA Award winning film “I, Daniel Blake”

This scene shows the daily humiliating life experiences people in need are facing.

I’m referring to this scene, because the Barnet Council proposal is to move away from helping to sign posting. It sounds good in the highly paid consultancy circle world. BUT the grim reality this is not just a cut for two workers it is a cruel cut that will deny access to the vital information, advocacy and support for the most vulnerable families in Barnet.

Before Barnet UNISON found out that this was NOT a financial saving, we would have referred the Council back to the uncontrollable Agency/consultancy worker costs which have gone from a round £7.3 million in 2012 to 19.8 million by March 2017.

“I have heard of Barnet Council’s sackings of welfare rights officers and the closure of job centres. Does the Council have any idea of the cruelty of the treatment of vulnerable people? The DWP’s procedures are set up to trap and punish those who need support and advice. By these cuts, the Council is colluding in this conscious brutality. In solidarity, Ken Loach.”

On behalf of the Barnet Two and our branch I would like to once again thank Ken for his message of solidarity and support for the “Barnet Two” and his condemnation of the planned closures of job centres in Barnet.

“Why will this proposal cause hard to vulnerable families?”

In the past seven years there have been many changes in the way Advice in the London Borough of Barnet has been delivered.

The following organisations have either closed down or no longer do Welfare Rights Advice.

  1. Welfare Rights Unit (Barnet Council)
  2. Citizens Advice Bureau (CAB) has closed five of their offices (a) Avenue House (b) Grahame Park (c) Finchley (d) Edgware Hospital (e) Dollis Valley hub. Currently, the New Barnet Office is only open on Mondays morning and is due to totally shut in October 2017. The only remaining CAB is the Hendon one which is also only opened three days a weeks
  3. CAB also used to operate a home visiting service which has also ceased.
  4. Barnet Law Service (Dealt with Welfare Rights Appeals)
  5. Mary Ward Legal Services (Dealt with Welfare Rights Appeals)
  6. East Barnet Advice Services
  7. Disability Action in the Borough of Barnet
  8. Mencap (substantially reduced service since 2013) This service refer to the two Welfare Rights workers for Appeals and complex cases
  9. Jewish Deaf Association Barnet (substantially reduce services now drop in sessions only on Tuesdays morning for people with hearing impairment)
  10. Mind Barnet
  11. Due to the Legal Aid cuts no Solicitors in Barnet do Welfare Rights Appeals.

The two Welfare Rights workers are the only service that still provides comprehensive/ impartial benefits Advice up to Appeals level in Barnet. Both statutory and non-statutory organisations refer to the above workers.

In consultation it has been put to Barnet UNISON that the service could be picked up by other organisations. What is clear is that the report does not appear to know what is being provided out there in our community.

Below are some of the organisation mentioned who could pick up the work left as a result of sacking the two welfare rights workers.

  1. Welfare Rights Task Force – Benefit Advisors only support clients affected by the benefit CAP and assist them with income and expenditure in order for them to apply for a Discretionary Housing Payment
  2. Employment Advisors do not specialise on welfare benefits, their remit is employment
  3. Shelter specialise in Housing and debts. They do not provide Welfare Rights Advice
  4. DWP is unable to help the majority of our clients as there may be a conflict of interest. We support client in taking cases to the Tribunal against DWP. There would be a conflict of interest, should the DWP provide welfare benefits advice. Welfare Benefit Advice exists to ensure that clients are made aware of their legal rights and represented in the event of disputes and maladministration of benefits.

Next actions:
On Tuesday 9 May at the Family Services JNCC Barnet UNISON declared a ‘failure to agree’ in response to the proposed sacking of the two welfare rights workers.

The matter has now been escalated to a meeting chaired by the Chief Executive.

If the proposal to sack the workers is not withdrawn the matter will be raised at General Functions Committee on 28 June where we will address the Leader of the Council.

Solidarity
John Burgess
Branch Secretary
Barnet UNISON

Messages of support and solidarity to contactus@barnetunison.org.uk

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