Legal Challenge against non payment of Workforce Management Redeployment Package

Just a brief update regarding the legal challenge against the employer’s decision to not pay members Workforce Management Redeployment Package travelling time (or TOIL), or additional family costs due to the closure of the majority of the DWP Norcross site, despite members being asked to/ having to travel beyond their reasonable daily travelling time.

On Friday 26^th July 2013 an Employment Tribunal was lodged on behalf of a number of PCS members who had come forward for the legal challenge (who had provided the relevant information and lodged claims with the employer for WMRP). The ET covers the unlawful deductions from wages and also Equality Issues (Disability, Gender Discrimination etc).  

If anyone wants any further details or wants to join the challenge then please contact the Branch Office.

Compensation Culture

The following has been supplied by the TUC:

TUC hits back after new compo attacks
The TUC has criticised a new push by insurers and the government to limit access to compensation. Axa chief Paul Evans told the Daily Telegraph on 4 August that 'compensation culture is becoming a real issue for society', adding: 'We are seeing more claims for stress coming through, and deafness or loss of hearing through noise in the workplace, more claims on employer liability. Again like whiplash these are things that at the time are nearly impossible to prove.' In reality, noise-induced deafness is extremely easy to prove, using a simple diagnostic audiometric test. And a TUC-backed Hazards report last week revealed fewer than 1 in every 750 workers suffering from health problems related to stress at work get a payout. On 31 July, the government introduced a system to channel employers' liability claims worth less than £25,000 through a 'claims portal', a move it says is intended to 'reduce the amount defendants, or their insurers, have to pay in legal fees.' It does this by reducing payments to claimants' lawyers, meaning it will be difficult to get law firms to take on all but the most straightforward claims. Justice minister Helen Grant said: 'We are turning the tide on the compensation culture which has pushed up the cost of insurance for drivers, schools and business - and taking another important step to reducing the cost of living for ordinary people.' Commenting on the clampdown on workplace claims, TUC's Hugh Robertson said: 'There is not one single shred of evidence that there is any kind of compensation culture. The number of claims has fallen by 60 per cent in the past decade and only a small percentage of injured and ill workers even make a claim.' He added: 'The government, at the behest of the insurance industry, is trying to stop workers getting justice by making it even harder to claim with changes to the way costs are worked out and removing employers' liability when they break the law. While workers face reduced protection in the workplace and cuts to their compensation when they do get injured (if they are ever able to claim), the government will continue their 'blame the victim' blitz egged on by their cheerleaders in the insurance industry.'

Government dishonesty over 'compensation culture'
The government is being dishonest about the UK's 'compensation culture' in order to justify cutting basic health and safety protections at work, according to a TUC-backed report. It warns that thousands of workers suffering deadly occupational diseases are being denied payouts as a result of these cutbacks. The report, by the workers' health journal Hazards, shows that far from being a compensation free-for-all, as ministers claim, the number of people actually receiving awards for work-related injuries or diseases has fallen by 60 per cent over the last decade - down from 219,183 in 2000/01 to 87,655 in 2011/12. The report, based on official government figures, shows even the families of those dying from occupational diseases have little chance of securing a payout. For most occupational cancers the chances of getting any compensation is below 1 in 50. While more than 4,000 workers a year die of work-related chronic bronchitis and emphysema, just 59 received compensation in 2011/12. For those suffering from work-related stress, anxiety and depression the chances of getting compensation are even smaller. Of the 221,000 cases in 2011/12, just 293 resulted in a payout. TUC general secretary Frances O'Grady said: 'The government is trying to brainwash people into thinking the UK has a rife compensation culture. However, the facts tell a very different story. Even those dying from work-related diseases have precious little chance of getting a payout.' She added: 'The true government motive here is to weaken health and safety laws and make it harder to for victims to pursue claims. Unfortunately the end result is likely to be a much higher rate of workplace accidents, injuries and illnesses in the future.' Commenting on the findings, Labour MP Jim Sheridan, who chairs the All Party Parliamentary Group on Occupational Health and Safety, said the government 'is simply undermining the important issue of health and safety at work. The government's approach to health and safety encourages bad employers.' A government spokesperson said it was 'ensuring workers get the protections they need by making sure health and safety rules are easier to understand, administer and enforce. The burden of health and safety red tape had become too great.'

Unions protest over new tribunal fees

The following has been supplied by the TUC:
Union protests marked the introduction on 29 July of new fees of up to £1,200 for workers taking employment tribunal cases against their employers. The charges apply to tribunal complaints about issues including victimisation for safety activities, sexual harassment or race discrimination. The TUC general secretary, Frances O'Grady, said: 'Today is a great day for Britain's worst bosses,' adding the upfront fees were 'making it easier for employers to get away with the most appalling behaviour.' She added: 'These reforms are part of a wider campaign to get rid of workers' basic rights at work. Its only achievement will be to price vulnerable people out of justice.' Unite general secretary Len McCluskey said the introduction of fees was a 'throwback to Victorian times.' He added: 'Seeking redress for unfair dismissal and discrimination and other injustices in the workplace is a fundamental human right - but now ministers are putting up insurmountable financial hurdles for working people in pursuit of justice. We estimate that this will affect 150,000 workers a year. This is not an aid to economic recovery but a means to keep working people frightened and insecure.' The Unite leader warned: 'Unite will not stand idly by and let its members suffer such treatment - and the union will financially support members at employment tribunals. We will be campaigning strongly for this pernicious legislation to be repealed with the advent of a Labour government.' GMB senior organiser Andy Prendergast, whose union held a protest outside the Central London Employment Tribunals, said: 'With the introduction of employment tribunal fees, the government has given a green light to bad employers to continue exploiting their staff.' A ruling this week by the Royal Courts of Justice gave UNISON permission for a Judicial Review hearing in October to challenge the tribunal fees.

College Courses

The Branch has been supplied with a copy of the latest Community Learning Courses via Blackpool and the Fylde College.

If you are interested in any of the courses please get in touch with our Branch Learning Coordinator Katya Lawder on ext: 67400 or email katya.lawder@dwp.gsi.gov.uk

The course list can be found here.

PCS National Black Members Seminar

Introduction

To encourage greater participation from black members who are under-represented in the union’s structures and activities, PCS is holding a seminar for its black members.  

PCS uses black in the political context to apply to people who are Asian, African, African/Caribbean, Arabic, Chinese i.e. people from African and Asian Diaspora, including people of dual heritage.

The seminar is an educational event designed to help members develop an understanding of the key issues facing black members at work and in society and how they can organise effectively in PCS.

PCS National Black Members’ Seminar 2013: Venue and Date

The PCS Black Members’ Seminar will be held at Novotel Hotel, 4 Whitehall, Whitehall Quay, Leeds LS1 4HR - 12 & 13 October 2013.

The seminar will commence at approximately 12 noon on Saturday 12 October and close no later than 1pm on Sunday 13 October.

Aims of Seminar

The seminar will focus on putting “Race on the agenda?: 50 years on, how far have we come?”

It will look at what has been achieved in the 50 years since the March on Washington for Jobs and Freedom, where Martin Luther King made his “I Have  a Dream” speech and in the UK, Paul Stephenson, helped organise the Bristol bus boycott which led to the first ever race relations act in 1965.

A full agenda will be published nearer the date of the seminar. Participants will take part in a series of activities including debate, presentations and workshops. Applicants from the National Black Members Committee will act as facilitators.

Nomination and Selection

Members can nominate themselves by filling out the application form attached to this circular. Forms are also available on the PCS website at www.pcs.org.uk  

The selection criteria will include those who are new to PCS or new to union activity.

Applications from black young, disabled, lesbian, gay, bisexual and trans (LGBT)  members are particularly welcomed, as we are trying to encourage greater participation from under-represented groups. In the event of over-subscription, a sift will be undertaken. 

Confidentiality

PCS fully appreciates that there are special sensitivities linked to disability and LGBT issues. An assurance is given that all applications will be treated confidentially.

Supporting statements

All applicants are strongly advised to fill in the supporting statement with their applications, giving their reasons for attending the seminar, as this will be used in the sift.

Participants

The seminar is for members on a residential basis however, members who are within daily travelling distance will be expected to travel. 

All successful applicants are required to attend for the entire duration of the seminar  Saturday & Sunday.

Child/youth care facilities

Child/youth care facilities are provided for children between the ages of 6 months and 14 years of age by Nipperbout. However, places are limited and will be allocated on a first come first served basis.

Delegates are encouraged to make alternative care arrangements for children. PCS will provide financial assistance to meet the reasonable costs of additional childcare claims on production of a receipt from a registered carer.

Application Forms

Application forms are attached. Please duplicate as necessary and pass on to members who are eligible to attend the seminar. 

Accommodation, travel and subsistence

Accommodation, reasonable travel and subsistence claims will be met from central union funds. No lunch is provided on Saturday. An evening meal will be provided on Saturday evening. Breakfast and lunch will be provided on Sunday. The union will not pay for any other meals.

Additional copies of this briefing and application form are available from: 

o   the PCS website  http://www.pcs.org.uk/en/news_and_events/events/

o   emailing: equality@pcs.org.uk

o   the Equality Department on 020 7801 2683

The application form can also be downloaded here.

Seminar correspondence will be sent by email therefore please give both work and personal email addresses as you may not be in work to receive emails.

Application Deadline

All applications must be received by the Equality Department to equality@pcs.org.uk by 12 noon 20 September 2013.

Members using the post to send applications must ensure that they use a postal service that guarantees applications will be received on time. Faxed applications must be sent to 020 7801 2763 by the same deadline.

Save Our Shared Services

The following has been supplied by Steve Cawkwell, PCS DWP Group Secretary.

To All DWP branches and GEC, The government is proposing to privatise Shared Services across the civil service and for arms length bodies.

Shared services include services, such as payroll. This means that as a civil servant, your personal details will be in the hands of the highest bidder and subject to the need for private profit rather than public service. This situation is made worse by the fact that the Cabinet Office has confirmed that there is a strong possibility that the work will be off-shored.

As part of the campaign to stop the privatisation, please go to the link here and send the pre written campaign email to your MP urging them to contact Francis Maude MP, Cabinet Office Minister, and challenge his plans.

Please do this from your personal email and ask your colleagues to do the same.

NW Disabled Members Network Meeting

The following details have been supplied by NW Regional Office:

North West Disabled Members Network Meeting.
Highways Agency, Piccadilly Gate, Store Street
Manchester M1 2WD

Tuesday 24th September 2013
11.30am to 3pm

If you intend to go to the meeting please let Paula Wood, PCS Regional Organiser, know by emailing her on nwrc@pcs.org.uk or: 0151 298 3900

Agenda Items by Friday 6 September 2013.

We will assess the viability of this meeting on Monday 9 September 2012.

Lunch is not provided, we will break for lunch.

Important Message 
At this meeting we will be discussing the PCS pilot NW Disabled Members Forum due to be held on Saturday 18 January 2014 10:00 to 15:00. 

Your input into this Forum is crucial therefore attendance at this meeting is very important. PCS Union is committed to making the workplace a better and fairer place for members.

In order to do this, we have to ensure that we are representative of all our members and to ensure different equality and diversity needs are continually highlighted and changes in practices are made to address such needs.

PCS has National Forums and Committees that regularly meet to discuss and plan for specific equality needs. You will need to request time off to attend this meeting from your manager/employer. If you encounter any problems regarding time-off please contact your local PCS representative.

Expenses for attending this meeting will be paid in accordance with PCS expense rules. Forms will be available at the meeting for attendees to complete.

Members of the network and branches are reminded that these meetings form an important part of both our national and regional equalities agenda. Members get an opportunity to voice their experiences and share best practice. Please do everything you can to ensure that members participate in this network.

Network members should consider bring a PCS colleague with them to the next meeting. Along with personal experiences would attendees please bring with them ideas and/or a statement of their expectations of the network. This will help to inform and/or enhance members experience at these meetings.

We look forward to meeting you either for the first time, or once again.

Unions protest over new tribunal fees

The following has been supplied by the TUC:
Union protests marked the introduction on 29 July of new fees of up to £1,200 for workers taking employment tribunal cases against their employers. The charges apply to tribunal complaints about issues including victimisation for safety activities, sexual harassment or race discrimination. The TUC general secretary, Frances O'Grady, said: 'Today is a great day for Britain's worst bosses,' adding the upfront fees were 'making it easier for employers to get away with the most appalling behaviour.' She added: 'These reforms are part of a wider campaign to get rid of workers' basic rights at work. Its only achievement will be to price vulnerable people out of justice.' Unite general secretary Len McCluskey said the introduction of fees was a 'throwback to Victorian times.' He added: 'Seeking redress for unfair dismissal and discrimination and other injustices in the workplace is a fundamental human right - but now ministers are putting up insurmountable financial hurdles for working people in pursuit of justice. We estimate that this will affect 150,000 workers a year. This is not an aid to economic recovery but a means to keep working people frightened and insecure.' The Unite leader warned: 'Unite will not stand idly by and let its members suffer such treatment - and the union will financially support members at employment tribunals. We will be campaigning strongly for this pernicious legislation to be repealed with the advent of a Labour government.' GMB senior organiser Andy Prendergast, whose union held a protest outside the Central London Employment Tribunals, said: 'With the introduction of employment tribunal fees, the government has given a green light to bad employers to continue exploiting their staff.' A ruling this week by the Royal Courts of Justice gave UNISON permission for a Judicial Review hearing in October to challenge the tribunal fees.

Government dishonesty over 'compensation culture'

The following has been supplied by the TUC:
The government is being dishonest about the UK's 'compensation culture' in order to justify cutting basic health and safety protections at work, according to a TUC-backed report. It warns that thousands of workers suffering deadly occupational diseases are being denied payouts as a result of these cutbacks. The report, by the workers' health journal Hazards, shows that far from being a compensation free-for-all, as ministers claim, the number of people actually receiving awards for work-related injuries or diseases has fallen by 60 per cent over the last decade - down from 219,183 in 2000/01 to 87,655 in 2011/12. The report, based on official government figures, shows even the families of those dying from occupational diseases have little chance of securing a payout. For most occupational cancers the chances of getting any compensation is below 1 in 50. While more than 4,000 workers a year die of work-related chronic bronchitis and emphysema, just 59 received compensation in 2011/12. For those suffering from work-related stress, anxiety and depression the chances of getting compensation are even smaller. Of the 221,000 cases in 2011/12, just 293 resulted in a payout. TUC general secretary Frances O'Grady said: 'The government is trying to brainwash people into thinking the UK has a rife compensation culture. However, the facts tell a very different story. Even those dying from work-related diseases have precious little chance of getting a payout.' She added: 'The true government motive here is to weaken health and safety laws and make it harder to for victims to pursue claims. Unfortunately the end result is likely to be a much higher rate of workplace accidents, injuries and illnesses in the future.' Commenting on the findings, Labour MP Jim Sheridan, who chairs the All Party Parliamentary Group on Occupational Health and Safety, said the government 'is simply undermining the important issue of health and safety at work. The government's approach to health and safety encourages bad employers.' A government spokesperson said it was 'ensuring workers get the protections they need by making sure health and safety rules are easier to understand, administer and enforce. The burden of health and safety red tape had become too great.'

Thompsons won't take your money.

Save the NHS

Join the PCS Samba Band at the Tory Party Conference Demo

To: All NW activists:

Want to be in the PCS Samba Band for the 29 September protest outside the Tory Party Conference in Manchester?

• 90% of the band have never played a drum before.
• The band is 60% female as is PCS membership.
• All tuition and equipment is free.

Have a free no obligation try out at the next rehearsal on Sunday 18 August from 1pm to 4pm at the Trinity Baptist Church Hall, Westminster Avenue (off Coronation Road), Radcliffe (between Bolton and Bury), M26 3WD for sat nav.

Free church hall car park.

This is seriously good fun and very therapeutic banging drums!

Want to know more?
Contact PCS Samba Band founder and MOJ Gtr Mcr Branch Secretary Dave Vincent on 0161 240 5129.

Unions press for temperature controls

The following has been supplied by TUC:
The union campaign for a maximum workplace temperature has been given added impetus after reports of workers failing sick in sweltering offices. The ticket office at Birmingham New Street railway station was forced to close temporarily this week after inside temperatures hit a dizzying 90 Fahrenheit (32 celsius). Meanwhile public sector union UNISON says poorly designed offices have seen overheated workers fainting. Dave Prentis, UNISON general secretary, said: 'Whilst the summer heat is sure to be temporary, some people have to work in searing temperatures on a regular basis, due to poor insulation, no air conditioning or ventilation. These high temperatures have a really damaging impact on health - making people tired, ill and dehydrated. Without the backing of a legal limit on temperatures at work, some employers choose not to take action to protect their employees. This is why we need the government to act to set a maximum working temperature.' Commenting on the decision to shutdown the ticket office at Birmingham New Street until temporary air conditioning units were installed, TSSA general secretary Manuel Cortes said: 'You couldn't make this up. We have Network Rail spending hundreds of millions on re-building a station which is used by more than 30 million passengers a year. And they forget to install air conditioning for ticket office staff working in offices on the lower ground floor under a giant shopping centre. Our members are then expected to work in temperatures of over 90 degrees while bosses on the floor above them sit around in the cool of their air conditioned offices.'

Government makes it easier to sack workers

The following has been supplied by the TUC:

The specialists' union Prospect has condemned a government move which will make it 'easier and cheaper' to sack workers from next week. The union was commenting on 'appalling new cuts to workers' rights' to take effect from 29 July. As well as introducing charges to take a case to an employment tribunal - which could mean challenging victimisation over safety activities at work could leave you with a bill in excess of £1,000 - the government has confirmed that workers will be at greater threat of dismissal through 'protected conversations'. This gives the employer the right to have an informal off-the-record chat outside the disciplinary or capability processes where a worker is invited to leave. Compensation in successful unfair dismissal cases will also be reduced. Prospect legal officer Marion Scovell said: 'Prospect is appalled at the law seeking to legitimise such bad practice by giving employers additional scope to dismiss workers without proper reason.' She added: 'This onslaught on rights makes 29 July a very sad day for workers; it re-emphasises the value of unions to ensure there is someone on your side to fight for fairness at work.' An oral hearing of a UNISON request for a Judicial Review over the introduction of fees for claims in Employment Tribunals and Employment Appeal Tribunals will take place on 29 July, the day the changes are due to take effect.

Fit for work assessments fail the grade

The following has been supplied by the TUC:
More than four out of every 10 fit for work tests were of the lowest standard, the government has admitted. The government's Work Capability Assessments, conducted by the private firm Atos Healthcare, have been criticised consistently since their introduction, with unions and disability organisations saying they are frequently wrong, unfair and distressing for those being tested. Employers too have been critical. The company's assessments are used to gauge eligibility for Employment and Support Allowance (ESA) and Incapacity Benefit. Now minister for employment Mark Hoban has said Atos Healthcare has been told to put in place a 'quality improvement plan' following a DWP audit that found 41 per cent of reports following medical assessments were in the bottom 'C' grade. Disability charity Scope chief executive Richard Hawkes said it was 'strikingly clear to disabled people that the whole £112 million per year system is broken. The cost of appeals has skyrocketed, assessors have resigned in disgust and the test has received criticism from the public accounts committee and National Audit Office. The government needs to deliver a test that is fit for purpose.' He added: 'Most disabled people want to work but they face significant barriers, such as a lack of skills and experience, confidence and even negative attitudes from some employers. The work capability assessment ignores all this. It's a tick-box test of someone's medical condition.'