Workers must be central in public service reform, not treated as puppets or pawns

27 March 2013

UNISON will today (Wed) tell a committee of MSPs that redesigns of public services must not treat workers as pawns to be moved around recklessly, ignoring best practice lessons.

The public service union has warned the Scottish Parliament’s Local Government and Regeneration Committee that new ways of delivering services must operate from a proper framework to deal consistently with staffing issues.

Dave Watson, UNISON Scotland’s Head of Bargaining and Campaigns, will tell members that workforce issues are too often neglected when planning reforms such as integrating adult health and social care.

He said in advance of giving oral evidence: "Consultation papers and legislation frequently give the impression the workforce is an afterthought. So we get last minute scrambled together agreements on important issues around staff transfer, pensions, secondment and so on, with no consistency or learning from best practice.

"It is just wrong to treat staff in this way, like puppets or pawns who can be moved around with no rules for how their rights and conditions are transferred and protected.

"Given that most public services rely on people, not machines, this is an extraordinary omission."

He urged the Committee to recommend that the Scottish Government sets in place a broad staffing framework based on best practice.

This would cover a range of key issues including: staff transfer, pensions, secondment, training and development, equality duties, governance and procurement - covering the protections that should prevent setting up a two tier workforce when services are contracted out.

Dave added: "We also want the Scottish Government to take on board one of the key recommendations from the Christie Commission.

"Redesigns of services must be based on genuine engagement with staff and users from the bottom up. It should not be about expensive management consultants imposing solutions from the top down."

ENDS

　

Notes to editors:

UNISON is Scotland’s largest trade union representing 160,000 members working in the public sector in Scotland.

Our evidence to the Local Government and Regeneration Committee is online at

http://www.unison-scotland.org.uk/response/PublicSectorReform_NewWaysofDeliveringServices_ResponsetoSPLocalGovtCttee_Jan2013.pdf

　

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European Advocate General sets legal precedent: privatised workers should retain ongoing parity of pay and conditions

Tue 19 Feb 2013

The Advocate General of the Court of Justice of the European Union, today backed UNISON’s claim that privatised workers should continue to benefit from increased pay and conditions negotiated at their previous workplace, setting an important legal precedent.

Over the past seven years, UNISON has argued that 24 members transferred from the London Borough of Lewisham to Parkwood Leisure, were entitled, under their contracts of employment, to continue to benefit from nationally agreed pay and terms negotiated by the local government pay body.

The  Alemo-Herron & Ors v Parkwood Leisure Ltd case, which has been waged through the Employment Tribunal, the Employment Appeal Tribunal,  the Court of Appeal, the Supreme Court and now the Court of Justice of the European Union, sets important legal principles both in the UK and through EU member states.

The union will now await the final decision of the Court of Justice of the European Union, which will be followed by a decision in the Supreme Court. If both courts back this ruling, TUPE (Transfer of Undertaking Protection of Employment) will again provide ongoing protection for employees, rather than a one-off protection at the time that they are transferred.

The UK government is already consulting over limiting the law in this area, as a part of its continued attack on employment rights, which the union is campaigning against.

Bronwyn McKenna, UNISON Assistant General Secretary, said:

“We are delighted that fairness has won out in this important case. UNISON supported our members to the hilt, taking our fight to the highest possible court. We knew that our members should have a right to the same pay and terms of employment which they signed up to when they took their jobs.

“This ruling will be a huge relief for the many thousands of people who have been transferred out from their original employer, including those who have been, or are now at risk of being privatised.

“We are now calling on Parkwood Leisure to pay our members what they are owed, and for other employers to honour any contractual pay increases owed to transferred staff, or run the risk of finding themselves in court.

“UNISON will continue its fight to protect employment rights, in light of the government’s plans to limit the law following this decision.”  


UNISON UK News release:
http://www.unison.org.uk/asppresspack/pressrelease_view.asp?id=2968


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UNISON considers legal action over transfer of 300 staff on critical ScottishPower contract

29 March 2011

UNISON, the union for power industry staff, is considering legal action over the proposed transfer this Friday of 300 vital IT staff who provide support to critical IT systems for ScottishPower.

The union has urged ScottishPower and its owners, Spanish conglomerate Iberdrola, to reconsider its shock announcement terminating their IT support contract with major supplier Accenture with effect from Friday 1^st April - just 12 months after signing a 10 year deal – and award the contract to IBM without consultation.

Dave Watson, UNISON Scottish Organiser said:

“Not only does this impact on the 307 workers - but the practicalities of transferring the support of critical national infrastructure from one employer to another in just three days could put major systems at risk, threatening the operations of a major national energy supplier.

“UNISON will be taking all necessary steps to urge decision makers to reconsider the timetable for the transfer. We want to ensure that the continuity of energy supply and the future of critical IT support workers are not subject to risk in a contractual spat between suppliers.”

UNISON represents the majority of the 307 workers employed by Accenture to carry out the IT support contract at East Kilbride in Scotland and at Queensferry in North Wales. UNISON reps at both sites expressed astonishment on being told that Accenture has not been granted any extension by ScottishPower to carry out its legal obligations under TUPE to consult the workforce on the transfer to new supplier IBM.

ENDS

Note to editors

ScottishPower, which is owned by Spanish company Iberdrola, signed a 10 year contract with Accenture 12 months ago covering the IT support contract. Around 200 work on this contract at East Kilbride in Scotland and around 100 work at Queensferry in North Wales. In November 2010, a proposal to cut large numbers of staff on the Accenture contract was withdrawn after months of negotiations between trade unions, Accenture, ScottishPower and parent company Iberdrola.



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