UNISON welcomes end of employment tribunal fees in Scotland

Wed 2 Sep 2015

UNISON has welcomed the Scottish Government announcement that it intends to abolish fees for employment tribunals in Scotland.

This announcement comes the week after UNISON vowed to go to the UK Supreme Court in its ongoing fight to appeal against the UK government's decision to introduce employment tribunal fees across the UK – after the Court of Appeal rejected UNISON’s case.

Mike Kirby, UNISON Scottish Secretary said: "The announcement to end tribunal fees in Scotland is hugely welcome. There is clear evidence that people at work are being priced out of justice, with women, disabled people  and the low-paid being disproportionately punished. This decision will ensure that people at work in Scotland will get a fair opportunity to have their case heard. This announcement goes a long way towards building more sensible industrial relations in Scotland and we welcome it."

Dave Prentis, UNISON General Secretary said: "We urge the UK government to look at what is happening in Scotland to see that there is a better way. Workers across the UK who have been treated badly at work are being denied access to justice day after day, simply because they don't have the money to take a case. Now it seems that workers in Scotland are at least going to get a better deal. Our fight for fairness at work and access to justice for every person at work in the UK will continue until these unfair and punitive fees are scrapped right across the land."

ends

 

Notes to editors

Employment tribunal fees were introduced on 29 July 2013 by the UK government. UNISON has been fighting to have the fees abolished across UK.

Fees start at around £160 to issue a Type A claim (eg unlawful deduction of wages, breach of contract) and £250 for a Type B claim (eg unfair dismissal, discrimination claims), with a further hearing fee of £230 for Type A claims and £950 for Type B claims.

The Scottish government announced In 'A Stronger Scotland: The Government's Programme for Scotland 2015-16', that it intends to abolish employment tribunal fees once it gets the new powers it is promised. On page 3 of the document (p6 of the pdf file), the government states"...we will abolish fees for employment tribunals – ensuring that employees have a fair opportunity to have their case heard."

Timeline

29 July 2013: Introduction of employment tribunal fees for workers wishing to lodge a claim against an employer. Workers must also pay a further fee when the case is heard. Appeals at the employment appeal tribunal also attract a lodging (£400) and hearing fee.

29 July 2013: UNISON seeks permission in the High Court to bring Judicial Review proceedings.

October/November 2013: UNISON’s first claim is heard in the High Court.

December 2013: Following the introduction of fees, Ministry of Justice statistics for July-September 2013 show a 56 per cent drop in ET claims compared to the same period in the previous year https://www.gov.uk/government/collections/tribunals-statistics

February 2014: UNISON’s challenge is unsuccessful. The High Court states that the claim brought by UNISON was premature and that new proceedings should be lodged if and when further evidence was available.

March 14: Ministry of Justice figures for October 2013-December 2013 show a 79 per cent drop in claims compared to the same period in the previous year https://www.gov.uk/government/collections/tribunals-statistics

May 14: UNISON is granted permission to appeal to the Court of Appeal.

June 2014: Ministry of Justice figures for January to March 2014 show a 81 per cent drop in claims compared to the same period in the previous year 9https://www.gov.uk/government/collections/tribunals-statistics).

September 2014: Ministry of Justice figures for April to June 2014 show an 81 per cent drop in claims compared to the same period in the previous year (https://www.gov.uk/government/collections/tribunals-statistics).

September 2014: Court of Appeal claim is stayed to allow a second High Court challenge.

October 2014: UNISON brings its second judicial review challenge against the Lord Chancellor over ET fees.

December 14: UNISON’s second challenge is unsuccessful despite 'the striking and very dramatic reduction in claims'.

April 2015: The Court of Appeal hears UNISON’s appeals in relation to both High Court claims.

26 August 2015: UNSION is unsuccessful at the Court of Appeal and an application for permission to appeal to the Supreme Court has been made.

Defeat the Trade Union Bill - STUC public meeting in Glasgow Tue 25 Aug

The Scottish TUC has called a public meeting to mobilise opposition to the vindictive Tory Trade Union Bill. Renfied St Stephen's Centre, Bath Street, Glasgow on Tuesday 25 August from 6.30pm - 9pm. 

Chair: Helen Connor, STUC Vice-President & EIS Speakers:
Jackson Cullinane, Political Officer, Unite the Union Scotland 
Lillian Macer, Convenor , Unison Scotland
Mark Serwotka, General Secretary PCS
Elaine Smith MSP, Labour, Coatbridge & Chryston
Grahame Smith, STUC General Secretary   
SNP MP (name tbc) 


We will campaign vigorously against this vindictive Bill. We will mobilise our members and our political and civic society allies to defend the legitimate human right of workers to withdraw their labour in protest against the unreasonable actions of their employers and to protect our civil liberties and the right to peaceful protest

Grahame Smith, STUC General Secretary, 15 July 2015
STUC News release on Trade Union Bill
http://www.stuc.org.uk/news/1177/stuc-on-the-trade-union-bill

Collective bargaining 'essential to the survival of the trade union movement'

#uLGC14 In an inspiring presentation Professor Keith Ewing of Kings College London yesterday called for union members to demand of the politicians seeking our vote, a commitment to renew, rebuild and restore collective bargaining structures “to raise wages and restore fairness at work. “

This is “essential to the survival of the trade union movement,” he said.

Give us back our employment rights

#uLGC14 UNISON will launch a Local Government Fair Employment Charter before the next general election to underpin a range of employment and human rights as delegates backed calls for a future Government to restore and improve on contractual rights.

Speaking in support at UNISON Local Government Conference on Sunday, Edinburgh’s Duncan Smith reminded Conference that their branch had successfully fought off attempts to privatise large chunks of their council services.

UNISON supporting Take One Action! Film Festival

UNISON is once again supporting the Take One Action! Film Festival which runs from 27th September until 12th October.

Take One Action – Scotland’s global change film festival - spotlights stories that connect us across the planet: from the Occupy movement to climate change, women’s global empowerment, fracking, international development and more.

The full festival programme can be found at: www.takeoneaction.org.uk/events/festival/ .

Although the festival is focused on Edinburgh and Glasgow, we are bringing screenings to Dundee and Inverness and in the spring of next year a selection of films from the festival will tour Scotland. Please circulate this information to your contacts.

Silent epidemic of discrimination against working mothers

UNISON is calling for “a cultural shift” to end discrimination against pregnant women and mothers returning to work.  The union, which has 1m women in membership, called it a disgrace that a new survey (see BBC report) has found that more than one in four mothers feel discriminated against.

This survey shows the slow rate of progress since 2005 when the Equal Opportunities Inquiry into Pregnancy Discrimination found that each year 45% of working women
experienced pregnancy discrimination.

Karen Jennings, Assistant General Secretary of UNISON, said:

“It is a disgrace that in 2013 women should still be missing out on promotion or treated as second class workers.

“This research shows that the Equality Act is failing working mothers as thousands of women continue to suffer in silence while bosses discriminate in the shadows.

“Many women feel pressured into returning to work before they are ready, to try and protect their position in the workplace.  This is a growing problem with employers targeting women returners for redundancy selection, despite the legislation.

“Unless there is a wholesale cultural shift across workplaces this silent epidemic is only going to get worse.  The introduction of tribunal fees is making it more difficult for women to challenge discrimination by employers, coupled with rampant cuts to employment rights.”

“UNISON is continuing its case for a Judicial Review into fees for employment tribunals and has also vowed to cover the cost for its members.”

ENDS


See this news release on the UK website

STV & BBC reports on union opposition to new employment tribunal fees

#JoinUNISON
STV News at Six reported last night on union opposition to the introduction of employment tribunal fees.

Bernard Ponsonby's report  included interviews with UNISON Scotland Legal Officer Suzanne Craig and Jim McCourt of Inverclyde Advice & Employment Rights Centre.

Suzanne explained how the punitive fees will put people off taking claims to employment tribunals.

Watch the clip on STV Player (9mins 50s into the programme).

And the BBC reported on UNISON winning the right to challenge the fees. The judicial review will take place in October.

UNISON members won't have to pay, as we said here.

UNISON WINS JUDICIAL REVIEW HEARING INTO TRIBUNAL FEES

#JoinUNISON (remember union members won't have to pay)

UNISON UK news release...

“The timing could not be more critical, but today we are one step closer to justice for workers” said UNISON General Secretary, Dave Prentis. The comments come in the wake of a ruling by the Royal Courts of Justice that the union has permission for a Judicial Review hearing, over the introduction of fees for claims in Employment Tribunals and Employment Appeal Tribunals, is to go ahead in October.

Dave Prentis went on to say:

“I am pleased that UNISON has been successful in getting permission for a Judicial Review hearing.  The introduction of punitive fees for taking a claim to an employment tribunal, would give the green light to unscrupulous employers to ride roughshod over already basic workers’ rights.

“The Government should not put a price on justice.  It is disappointing that in the interim fees will still be paid, but we will be making a strong case for a Judicial Review in October because we believe that these fees are unfair and should be dropped.”

UNISON Personal Assistants Project launched in South Lanarkshire

#JoinUNISON
Union project offers personal assistants (PAs) and support workers training and employment rights advice

The public services union UNISON's new PAs project has launched in South Lanarkshire.

It offers networking, advice and support to personal assistants (PAs) and Support Workers who work for disabled and elderly clients.

PAs are being invited to a series of meetings in July and August around South Lanarkshire to find out more.

Time to get angry to protect rights

Employment rights are human rights, good for the economy and a sign of a healthy society. This was the message from Conference delegates as they pledged to fight Government attacks on our employment and trade union rights.

Scotland's Gordon McKay, speaking for the NEC told Conference that these next four days should be "where we raise a voice of articulated anger from a united union aimed at a government that is ripping up the employment rights of workers.

UNISON members won't have to pay new employment tribunal fees. #JoinUNISON

12 June 2013

Another good reason to #JoinUNISON...

UNISON members taking union-supported employment tribunal cases will not have to pay the new fee of up to £1,200 that the government is introducing from summer 2013.

The new plans will mean that claimants will pay an initial fee to start the claim and another fee if the claim goes to a hearing. These can add up to £1,200 for the more complex cases.

New union project offers personal assistants training and employment rights advice

22 May 2013

 

The public services union UNISON has launched a new project offering networking, advice and support to personal assistants (PAs) who work for disabled and elderly clients.

PAs are being invited to a series of meetings in June around  Glasgow to find out more.

Lynne Rankin, organiser for the project, said that PAs working in the homes of disabled and elderly people can feel very isolated and may not be aware of their employment rights.

She said: “We are hoping to contact personal assistants in and around Glasgow.

“We want to offer support with training and development opportunities and to make sure they know about their rights to join a trade union and be represented at work.

“They will benefit too just from networking and meeting others doing the same work. PAs can come to one of the meetings we have organised around the city, or can contact me for further information.”

Employers’ organisations such as Glasgow Centre for Inclusive Living (GCIL) Carers Projects, the Scottish Government and Self Directed Support Scotland (SDSS) have responded positively to the project, agreeing there should be a support organisation for PAs.

Glasgow City Council is also supportive of the initiative and welcomes working with UNISON to provide this. 

Lynne added: “We are also keen to hear directly from PAs what matters most to them and what they would like support on.”

More than eleven meetings have already been arranged at venues including the Pearce Institute, Penilee and Castlemilk Community Centres and the Glasgow Centre for Inclusive Living.

 

ENDS

 

For information please contact:

Lynne Rankin, organiser for the PAs project, 0141 342 2881 or 07903 853022  L.Rankin@unison.co.uk

 

Notes to editors:

1. UNISON is Scotland’s largest trade union representing 160,000 members working in the public sector in Scotland.
2. The PAs project is a new move for UNISON and is working in liaison with a similar project in Yorkshire and Humberside, sharing good practice.
3. PAs work mainly for disabled people, supporting them to live independently, paid for by direct payments from social care budgets. Many may formerly have been employed by councils or are now employed through an agency.
4. Training and development opportunities may include discounts on Open University courses.  UNISON is also working with the Scottish Government and the Workers Educational Association (WEA) to look at developing local learning opportunities for PAs.   

5.       Meetings details are:

Monday 10^th, 17th & 24^th June 10-11am Pearce Cafe, Pearce Institute. Govan

Monday 10^th & 17^th June 2-3pm GCIL 117-127 Brook Street, Glasgow

Thursday 13^th, 20^th & 27^th June 1.30-3.30pm Penilee Community Centre, Glasgow

Friday 14^th, 21st & 28^th June 11am-12 noon Castlemilk Community Centre, Glasgow

Further dates and locations will be added to the website at:

 

http://www.unison-scotland.org.uk/socialwork/personalassistants.html 

 

 

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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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Government adds to fear in workplace - UNISON

Tue 18 December 2012

The announcement today that the Government is cutting the opportunity for consultation on large scale redundancies from 90 to 45 days, “Is a cruel blow for workers and their families” said Bronwyn McKenna, UNISON Assistant General Secretary. She went on to say:

“Cutting the opportunity for employers and unions to realistically explore alternatives and ways to avoid large scale redundancies is a retrograde step. It will mean the loss of more skilled and experienced workers to the dole. The recession has led to fear in the workplace and the Government is adding to those fears by cutting short the opportunity for meaningful talks to take place.

“Any worker facing redundancy needs time to plan, to mitigate the impact on them and their family finances. Making arrangements to cover mortgages or rent, sort out bills, re-train and apply for new jobs all takes time and this cut will leave families facing financial hardship.

“This process can also be used to cut pay and conditions through disreputable dismissal and re-engagement strategies. Halving the period for consultation gives greater license to rogue employers to attack wages.”

Ends


UNISON UK news release:
http://www.unison.org.uk/asppresspack/pressrelease_view.asp?id=2918



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Facility time cuts make no sense, warns UNISON

Monday 8 October 2012
UNISON, the UK’s largest union, said today that cuts to civil service facility time, announced at the Tory party conference, make no sense for the taxpayer.  The union is warning that the continual attacks on public service workers by Government, makes the need for fair and well-trained union representation for workers more vital than ever.

Independent research* in 2012 revealed that facility time saves the taxpayer money by providing a ready-made structure for meaningful consultation and negotiation. It also improves workplace relations and helps organisations to cope with change, such as the huge cuts, job losses and reorganisations that are currently hitting the public sector.

Research commissioned by the Department for Business in 2007 suggested that effective and engaged union representation saves the public purse between £170m and £400m a year by improving retention, training take-up, health and safety, and dispute resolution; and as much as £3.6bn a year through general productivity gains.

Karen Jennings, UNISON Assistant General Secretary, said:

“The government needs to look at the evidence instead of indulging in ideological attacks on unions. Cutting facility time does not make any sense for the public sector or for the taxpayer. Take this away and the government would have to pay for expensive consultants, and mediators – costing a fortune.

“It is staggering, that at a time when austerity has plunged the economy into double dip recession, Ministers are distracted by yet another attack on workplace representation”.

*A report by NatCen Social Research revealed that:

Facility time provides a ready-made structure for meaningful consultation and negotiation saving organisations money and providing reassurance to employees that their views are valued in decision-making.

It allows partnership working with trade unions that improves workplace relations and the reputation of an employer as ‘a good place to work’.

It allows earlier intervention into complaints, grievances and disciplinaries, preventing escalation into more serious problems. This saves organisations and taxpayers’ money by reducing the impact on staff time and possible legal costs.

It brings about better communication, helping to manage change during restructuring and redundancy processes; thereby improving understanding of decisions, minimising negative impacts and reducing the number of working days lost through industrial action.

The report concludes that “Where reps were released or seconded from their substantive posts the quality of representation and availability of reps was further improved because reps were able to focus further on their duties, prepare better for discussions with managers and build up relationships of respect trust with managers over time.”

The full report can be found here: http://www.unison.org.uk/file/Value%20of%20Union%20Facility%20Time%20-%20FULL%20REPORT%20_FINAL_.pdf
ends

UNISON UK news release:
http://www.unison.org.uk/asppresspack/pressrelease_view.asp?id=2833


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UNISON warning over threat to employment rights

Thu 2 Feb 2012
UNISON, the UK’s leading public service union, is urging the government to resist calls from big business to weaken employment rights, warning that it would have a damaging effect on the UK’s workplaces – for both employer and employee.

In a submission to the Department of Business Innovation and Skills’ (BIS) consultation into TUPE* - regulations that protect employees' terms and conditions when a business or service is transferred from one owner to another – UNISON warns that rolling back the regulations would see legal costs rise and disputes increase.  TUPE not only gives employers time to consider more cost-effective in-house solutions, but gives staff time to consider their options.

Bronwyn McKenna, UNISON Assistant General Secretary, said:

“UNISON is calling on the government to resist big business’ calls and give it’s backing to both workers and employers, by safeguarding TUPE. Rolling back this vital transfer protection would see disputes rise and legal actions increase. This would be counterproductive, costing businesses more than the savings some are claiming could be made by watering down the rules.

“TUPE not only creates a level playing field, the regulations also provide real clarity for both worker and employer. We are urging the government not to weaken this vital protection. It could see employees stripped of their rights, with employers permitted to reduce pay, impose less favourable terms and conditions or sack staff once they’ve been transferred.”

*TUPE – Transfer of Undertakings (Protection of Employment) regulations.


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