Wednesday, 7 August 2019

Doctors are not the only ones who need NHS pensions help, says UNISON

​Responding to the announcement of an overhaul in pension rules, UNISON head of health Sara Gorton said: “These changes are just fixes to resolve unworkable parts of George Osborne’s taxation regime.

“Introducing measures to help only a small proportion of the millions of active NHS scheme members looks alarmingly like the beginning of a ‘clinicians-first’ approach to pension strategy.

“At the other end of the pay scale, thousands of low-paid staff leave the scheme because they struggle to afford the payments. The government should also be paying similar attention to this problem and introducing flexibility to give staff on far lower earnings a more comfortable retirement.”

Notes to editors
– UNISON is the UK’s largest union, with more than 1.3 million members providing public services – in education, local government, the NHS, police service and energy. They are employed in both the public and private sectors.

​Media contact:
Anthony Barnes T: 020 7121 5255 M: 07834 864794 E: a.barnes@unison.co.uk

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Tuesday, 6 August 2019

Blog: Our union fighting and winning for working people in the courts

UNISON members know that our award-winning legal team is always looking out for them. Whether it’s our famous victory on Employment Tribunal Fees, holiday pay for NHS workers or the ongoing battle over pay for “sleep-in” care workers, our skilled team of in-house lawyers are unrivalled when it comes to winning not just for UNISON members, but all working people.

But it’s not just our own cases where we can make an impact. Our legal team also scour current court cases for opportunities to “intervene” in cases to secure legal victories on rights at work and pay.

Today is a fantastic example of that dedication, focus and experience, with UNISON securing a Court of Appeal victory which will benefit hundreds of thousands of employees working part-time and irregular hours or patterns.

The verdict in the case (Harpur Trust v Brazel & UNISON) guarantees all workers a minimum of 28 days paid annual leave even if they’re not paid (or given work) for parts of the year. That obviously has a real impact on many UNISON members across the UK.

Staff in schools, for example, are often required under contract to be at school outside term time – and carry out work outside of term-time too. They should get 28 days paid holidays just like everyone else.

I’m delighted that the Court of Appeal accepted UNISON’s arguments, and that once again it’s our union fighting and winning for working people in the courts. UNISON will always stand up for working people by any means possible – whether it’s taking more strike action than any other union, leading demonstrations across the country, making the case in parliaments or winning in the courts.

At a time of real uncertainty for public services with a No Deal Brexit looming on the horizon, these victories make me so proud of our union, and what we can achieve together.

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Blog: Money spent on public service workers and their pay is money well spent

In the two weeks since he became our Prime Minister, Boris Johnson has made a flurry of announcements, all intended to suggest that his government has energy and ideas – but also to deflect from the catastrophe of a No Deal Brexit that looms on the horizon.

There are clearly those around him who believe that crashing out of the EU is a situation that can be “managed”, but those who work in public services already stretched to breaking point know the truth – a No Deal Brexit would see public services and those who provide them hit hardest.

Millions of public service workers – including UNISON’s 1.3 million members – have seen the value of their wages slashed during a decade of austerity. Right now you shouldn’t be fearful of what the future holds – you should be seeing proper, long-term, sustained investment in public services, including much needed increases in public sector pay.

Instead of spending billions on preparing (once again) for No Deal Armageddon, that money could and should have been spent instead on better wages for public service workers.

The Health Secretary said on July 1 that it’s time to “show some love” to public sector workers. In reality that “love” should have come years ago. Instead those workers were made to pay for a crisis they didn’t cause. Now, as a result of cuts and pay caps, many public sector employers are finding it more difficult to recruit and retain staff – putting even greater pressure upon public services which are already at breaking point.

The time for real pay rises – and real investment in public services – is long overdue. That’s why I wrote to the new Prime Minister and Chancellor last week to demand that they take action and increase funding for public services. Providing adequate funding for public services and those who provide them vital, or – deal or disastrous no deal – public services may be pushed beyond the breaking point once and for all.

The time for kind words and vague promises from politicians of all stripes is over. Money spent on public service workers and their pay is money well spent, both for UNISON members and the millions of people you serve. And at this time of real insecurity, it’s time the government provided much needed funds across the whole public sector, before further long-lasting and avoidable damage is caused.

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Landmark UNISON case confirms minimum annual leave for all workers

UNISON today secured a victory at the Court of Appeal affecting hundreds of thousands of employees working part-time and irregular hours or patterns.

Harpur Trust v Brazel & UNISON clarifies the legal position ensuring all workers are entitled to a minimum of 28 days paid annual leave, even if they do not get given work or paid for parts of the year. In addition, this leave must be paid at the rate of a normal week’s pay, or based on the average payment for the preceding 12 weeks if pay is irregular.

UNISON intervened in this appeal, which was being defended by music teacher Mrs Lesley Brazel and brought by Harpur Trust, her term-time employer. The trust claimed she was entitled to leave and pay below the statutory minimum.

The position of leave for hourly-paid workers in the education sector, who are not paid a salary during school holidays, has been unclear due to the absence of government guidance or definitive case law on their holiday rights.

Although Mrs Brazel is not a member of UNISON, the union was concerned about the wider implications of the case and how it would affect hundreds of thousands of part-time workers and those working on irregular hours. It applied to intervene in November 2018.

UNISON general secretary Dave Prentis said: “UNISON intervened because this case was about all workers being treated fairly and would have an impact across the whole of the UK.

“Staff in schools are often required under contract to be at school outside term time, and, like Mrs Brazel, are required to do additional unpaid duties beyond those periods.It’s right that they should be paid the same minimum statutory entitlement of 28 days annual leave like everyone else.”

UNISON legal officer Shantha David who acted for UNISON said: “We’re extremely pleased that the Court of Appeal considered and accepted UNISON’s argument.

“The government’s failure to provide guidance in this area has left workers in limbo. The courts have once again had to step in to stop the abuse of workers and to fix what legislation should have made clear from the outset.”

A link to the judgment will be available here.

Notes to Editors
– Members of UNISON’s legal team are available for interview.
– In 2011, the Harpur Trust decided casual and term-time staff should be paid an annual leave allowance of 12.07%. The 12.07% figure was calculated using the 5.6 weeks holiday, divided by 46.4 weeks (which is 52 weeks – 5.6 weeks). The 5.6 weeks are excluded from the calculation as the worker would not be at work during that time in order to accrue annual leave. As Mrs Brazel worked 32 weeks, they said she was entitled to 3.86 weeks of leave (19.3 days, or 32/46.4 x 5.6 weeks). Therefore it said each day’s leave would be paid at the rate of 12.07% of her pay.
– In March 2015 the Claimant presented a complaint in the Employment Tribunal for unlawful deductions from her wages by underpayment of her entitlement to holiday pay
– On 15 January 2017 an employment tribunal at Bury St Edmunds dismissed her claim. It held that the application of a figure of 12.07% to either the length of the holiday entitlement or to what it described as the claimant’s “average pay over the course of the working year of 46.4 weeks” would give her proportionately the same holiday-pay entitlement as a full-year worker.
– On 6 March 2018, following an appeal to the Employment Appeal Tribunal, Judge Barklem allowed the appeal and said she was entitled to the full 28 days (5.6 weeks) under the Working Time Regulations on the basis of a full week’s pay calculated in accordance with sections 221 to 224 of the Employment Rights Act 1996. The Harpur Trust applied to the Court of Appeal for permission to appeal.
– In November 2018, UNISON applied to intervene in this matter as it was concerned about the effect that this appeal would have on hundreds of thousands of part-time workers and those working on irregular hours.
– Today’s judgment means that all workers are entitled to a minimum of 28 days annual leave under statute, and this should be paid at the rate of a week’s pay (and if this is irregular, then the average over the previous 12 weeks).
– UNISON has had a number of important and high-profile legal victories. This decision comes two years after UNISON’s successful challenge at the Supreme Court overturning the imposition of legal fees at employment tribunals and earlier this year the Court of Appeal agreed that regular overtime should be included when calculating holiday pay.

Media contacts:
Anthony Barnes T: 0207 121 5255 M: 07834 864794E: a.barnes@unison.co.uk
Siobhan Cooley T: 0207 121 5555 M: 07816 538199 E: s.cooley@unison.co.uk

 

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Monday, 5 August 2019

More funding needed to tackle NHS staffing gaps, says UNISON

Responding to Boris Johnson’s announcement about extra NHS funding amounting to £1.8 billion, UNISON head of health Sara Gorton said:

“Extra cash for a chronically underfunded system is welcome but it’s tied to upgrading hospital buildings and will only cover a fraction of what needs doing after a decade of neglect. Nothing has been promised to tackle the gaping holes in staffing.

“We wait expectantly for urgently needed money in the next budget to plug the gaps that will be identified in the forthcoming NHS people plan.”

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Friday, 2 August 2019

Boris Johnson must prioritise pay for public sector workers, says UNISON

UNISON general secretary Dave Prentis has written to Prime Minister Boris Johnson urging him to invest in public sector workers without delay after years of being targeted for pay cuts and job losses.

The PM has a “duty” to take action to ease the financial strain on employees whose income is slipping further behind as the cost of living rises, his letter says.

From 2010 to 2018, the cost of living rose by 31%, but the average public sector worker’s pay increased by less than 8%. During that period house prices rose by 37% and childcare costs shot up by 32%.

Mr Prentis calls for Mr Johnson to honour Theresa May’s pledge that “austerity is over”, emphasising that public sector employees are still to see any evidence of this.

He wrote: “If wages continue to fall behind the cost of living, the serious problems in our public services will only get worse.

“What we need now are pay increases for all public service workers to bring wages back in line with pre-crash levels.

“But, just as importantly, those wage increases need to be funded by your government, not covered by existing budgets which are stretched to breaking point.

“Only adequate funding of public services, and investment in staff pay, can begin to repair the damage to our services and to the lives of those who work so hard to provide them.”

Notes to editors
– Dave Prentis wrote letters to Boris Johnson and chancellor of the exchequer Sajid Javid yesterday, Thursday 1 August 2019
– The full text of the letter can be accessed here.
– UNISON is the UK’s largest union, with more than 1.3 million members providing public services – in education, local government, the NHS, police service and energy. They are employed in both the public and private sectors.

Media contacts:
Anthony Barnes T: 0207 121 5255 M: 07834 864794E: a.barnes@unison.co.uk
Garfield Myrie T: 0207 121 5546 M: 07432 741565 E: g.myrie@unison.co.uk

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Thursday, 1 August 2019

Staff at Bradford Hospitals Trust strike over privatisation plans

More than 300 porters, domestics, security and catering staff at the Bradford Teaching Hospitals Trust will strike for two weeks from today (Thursday) 1 to Thursday 15 August, to oppose plans to outsource their jobs.

The workers believe pay and pensions will suffer as part of a drive to cut costs if roles are transferred to a wholly owned subsidiary company (subco), being set up by the trust.

These companies don’t have to honour NHS contracts and are free to pay employees less than NHS staff doing the same jobs, creating a damaging two-tier system that’s no good for staff or patients, says UNISON.

The August strike follows a week of industrial action in July that saw workers come together with the local community to oppose the backdoor privatisation of health services across the trust.

UNISON general secretary Dave Prentis said: “Staff are taking this action to ensure the NHS keeps its highly motivated and committed workforce together, working for the people of Bradford, not for the directors of a private company.

“It doesn’t reflect well on the trust that staff who are proud to be part of the NHS have to take to the streets to convince the trust that patients and staff come before profits.”

Notes to editors:
– Staff will be outside St Luke’s and Bradford Royal Infirmary from 6am on Thursday 1 August.
– UNISON is the UK’s largest union, with more than 1.3 million members providing public services – in education, local government, the NHS, police service and energy. They are employed in both the public and private sectors.

Media Contacts:
Garfield Myrie T: 0207 121 5546 M: 07432 741565 E: g.myrie@unison.co.uk
Anthony Barnes T: 0207 121 5255 M: 07834 864794 E: a.barnes@unison.co.uk

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