The Public and Commercial Services union has won a major legal victory against government plans to drastically cut civil service redundancy payments.
Following a two-day judicial review hearing in the High Court in April, Mr Justice Sales ruled today (10 May) that the previous government acted unlawfully when it introduced, without PCS’s agreement, a new redundancy scheme reducing the rights staff had accrued over time.
In what is a dramatic win for the union’s 270,000 public sector members, the judgement quashes a revised scheme that the government had sought to impose from 1 April. It means the next government, when it is established, must reopen negotiations with the union if it is to agree a new arrangement that protects existing members’ rights.
The union has always maintained the changes to the civil service compensation scheme, which governs payments in the event of redundancy and early retirement, would have made it easier and cheaper to cut tens of thousands of civil service jobs and privatise more of our public services. It has also argued consistently that the government had no authority to act independently.
When PCS members took three days of strike action in March, including on budget day, Gus O’Donnell described it as “misguided” and Tessa Jowell, then the civil service minister said the “time for talking is over”.
Despite widespread anger among the government’s workforce, and opposition from 176 MPs including 121 Labour backbenchers, changes aimed at saving £500 million over three years were forced through. If they had been allowed to stand they would in many cases have robbed civil servants of thousands of pounds if they were forced out of their job.
Strike action was suspended during the election - though the union continued to campaign in targeted constituencies across the UK - but PCS now says a failure to comply with the ruling would risk angering civil servants still further, leading to the possibility of more industrial action.
PCS general secretary Mark Serwotka said: “Our members in the civil and public services refused to sit back and watch their terms and conditions being ripped up in front of their eyes. This ruling is a huge tribute to them for mounting one of the most impressive campaigns this union has seen, in the face of some disgraceful criticism from their employer and ministers.
“We have always accepted that changes are necessary but all we ever asked is that they were fair and protected those who have given loyal service. We will now be knocking on the door of the next government to remind ministers they are legally obliged to reach an agreement with us. If they do not meet their obligations, the union will have to consider further industrial and legal action.”
Hugh Lanning, PCS deputy general secretary, called on the next government to comply with the judgement and enter into talks as a matter of urgency to reach a fair agreement for all civil servants, adding: “This is a major victory for our members, who were being deprived of their rights by a government that refused to talk and reach agreement. Let’s hope the new government obeys the law.”
Richard Arthur, head of trade union law at Thompsons Solicitors, said: “The law says that the government can’t change redundancy rights which have already accrued for civil servants unless the unions agree. As the judge said, this was unsurprising in the circumstances of civil service employment. PCS did not agree to the new scheme and so it was found to be unlawful.”
MEGONE, Tim (Treasury Solicitors Department)......... 3,538
VINCENT, Dave (Ministry of Justice)...................... 2,964
*votes confirmed by recount.
**not elected due to limit of eight elected candidates from any one employer.
As Scrutineers appointed in accordance with Section 49 of the Trade Union and Labour Relations (Consolidation) Act 1992 (as amended), we are satisfied as to each of the matters specified in subsection 52(2) with regard to the election. The following points should be noted:
1) The person appointed under section 51A to carry out the storage and counting of voting papers was Electoral Reform Services Limited.
2) The person appointed under section 51A to carry out the distribution of voting papers was Electoral Reform Services Limited.
3) A copy of the register of voters (as at the relevant date) was examined in accordance with section 49(3). The examination took place at our own instance and did not reveal any matter that should be brought to the attention of the trade union.
We would draw your attention to sections 52(4), 52(5), and 52(6).
Section 52(4) requires that a copy of this report be published and made available to all members of the union within a three month period from today. This does not, however, mean that every member has to be notified individually.
Candidates Present: Gina Dowding - Green Party Clive Grunshaw - Labour Eric Ollerenshaw - Conservative Stuart Langhorn - Liberal Democrats
Question 1: With all the main parties advocating cuts in public services, what assurances can you give me that I will still have a job in 12 months time?
Conservative:
No party can make ultimate commitment to job security.
Pay freeze in public sector over £18k
Committed to stopping NI increase which would severely impact on NHS wage bill.
Public Services need to be more efficient.
There is a budget deficit crisis that needs dealing with.
Lib Dem:
Wage bill majority of public spending.
Look at where services are delivered and cut jobs strategically through voluntary redundancy.
Senior Mgt reduction undertaken through negotiation with interested parties.
Pay restraint of 2.5% or £400 per annum across the board.
Public sector wages are an essential part of this constituencies economy, have been keeping it afloat in the downturn.
Labour:
NI increase would mean that the govt can maintain investment in public services.
Direct threat from Conservatives as they would not implement this.
TUs should be included and negotiated with on all proposed changes to public services.
As a trade unionist candidate, Civil Servants in this constituency should be assured that I will be looking out for their interests.
Green:
Raise taxation on the rich and large corporations.
Cutting public services harms the most vulnerable in society.
The low tax burden on the rich under this govt has led to public services being under-funded.
Anyone earning over £110k would face a 50% tax rate.
Impose an environmental tax to raise funds.
Scrap Trident and ID cards to raise funds.
Ordinary people are paying for financial sector mistakes, this should not continue.
Leading economists are advising against the other parties approaches as could lead to a double-dip recession.
Question 2: What would the parties do to address the impending oil crisis outlined in the J.O.E report?
Labour:
Will look at renewable energy including nuclear, wind farms, tidal barrages.
Need to reduce carbon emissions.
No clear answer but can’t afford to rely on fossil fuels.
These new energy sources would see jobs being created in the constituency and 1.2million jobs nationally.
Conservative:
Agree with Labour candidate.
Shortage of fossil fuels and dependency on countries such as Russia are not helpful.
Nuclear provides a secure option.
Support investment in electric cars etc to reduce dependency on oil.
Green:
Against nuclear power as it is dangerous and still no clear plan as to how to dispose of waste.
The Green new deal would see investment in renewable energy and is a jobs rich policy.
Would create 1m new jobs in this area.
Supports our tax gap pledge in order to generate revenue, an easy win.
Lib Dem:
Vitally important that public sector react to energy crisis to ensure sustainability.
Support 10/10 Friends of the Earth initiative and has implemented it in his role on city council.
Initiatives like 10/10 improve working conditions, bring savings and improve services for the public.
Reducing energy consumption in public sector is essential and works.
Question 3: Do the candidates feel there is an increased apathy among the electorate?
Lib Dem:
Not seeing apathy on doorstep.Leaders’ debates have seen a surge in interest especially among young people.
Did see apathy around the time of Euro elections though as MPs expenses scandal broke in the right wing press and democracy suffered as a result.
Would bring about electoral reform through single transferrable vote option.
Green:
Feels people are despairing and are looking for change.
Green Party should have had a platform within Leaders debates.
In 1997 public were excited by Labour landslide but have been let down.
Green Party would see electoral reform through proportional representation which the Conservative party are against.
Question 4: Do GM crops cause more problems than they solve?
Green:
GM crops causing serious problems not a solution.
Seeds are being patented which is having a devastating effect on Farmers.
Conservative:
Agree with Green Party.
Need to improve food labelling to make it clearer.
The next meeting of the above network will take place at the Preston Council for Voluntary Service, Unit 23/27 Guild Hall Arcade Lancaster Road, Preston PR1 1HR.
Wednesday, 12 May 2010
11:30am - 3:00pm
Lunch will be provided and travel cost (subject to usual PCS guidelines – see attached form) will be met by us.
PCS Union is committed to making the workplace a better and fairer place for members. In order to do this, we must ensure that we are representative of all our members and that 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.
At our meeting members will be able to discuss issues that affect them or colleagues due to their diverse needs going unmet in the workplace. Members have quarterly meetings in their own region to obtain:
An on-going programme of personal development
Support from people who understand what you may be going through at work
Opportunities to learn how you can get involved in union activities and eventsMembers who belong to these networks have found them invaluable.
Equalities Policies
Where possible please bring a copy of your employers equalities policy to this meeting so we can share and discuss their content.
Time off To Attend Meeting
These network meetings are training events. You will need to request time off to attend these meetings from your manager/employer. Important note: if you are going to attend this meeting please inform your local PCS representative they may have some issues/information that should be highlighted.
Network Convenors
The North West network convenors are Mohammed Shafiq and Paulette Kennedy.
If you encounter any difficulties securing paid time off to attend this meeting, please, in the first instance, contact your local PCS office or if you would like any further information about time off or the network please contact Ritu Chabra on 020 7801 2683 or by email.
It is important that you complete a pro-forma and return it before Friday 7 May 2010 so arrangements for lunch and any other specific requirements you may have can be organised. The pro-forma can be requested from Paula Wood at the North West Regional Office by email.
We look forward to meeting you either for the first time, or once again.
The government acted unlawfully when it made severe cuts to the redundancy terms for civil servants, PCS will argue in the High Court. The union is challenging by way of a judicial review the government’s implementation of changes to the civil service compensation scheme, which governs payments for redundancy and early retirement based on years of service.
Because the changes are detrimental to existing civil and public servants, the union will say the government had no authority to amend the scheme without the agreement of PCS - by far the largest of the civil service unions.
The current scheme, which the government claims it amended on 1 April, is the latest version of arrangements established in 1972 by the Superannuation Act. Section 2(3) of the Act states no changes can be made that reduce “any pension, allowance or gratuity” without agreement.
While the government claims the scheme is merely discretionary, there is not a single case in 38 years where discretion has ever even been considered, let alone exercised. Nor is there any system in place by which this discretion might be determined, who would make the decision and what form an appeal might take.
The court will be asked to quash the amendment to the compensation scheme, which would force the government to return to the negotiating table to seek the union’s agreement on a new scheme.
PCS believes that the extent of the cuts would pave the way for the next government to make massive job cuts and privatise more public services.
To mark the start of the two-day hearing PCS reps will be demonstrating outside the Royal Courts of Justice, The Strand, London, from 8am.
PCS general secretary Mark Serwotka said: “We have always accepted that changes had to be made to the scheme, but all we ask is that they are fair and reasonable, and that we can make them by agreement.
"We believe we have a strong case but this is not our only avenue. PCS members have already shown they are prepared to take industrial action to defend their jobs and the public services they provide, and we will be knocking on the door of the next government very early on to remind them that they need to reach an agreement with us.”
As part of the campaign against the cuts to the compensation scheme, 200,000 PCS members took three days of strike action in March, including on budget day. The union has also had political support with 176 MPs, including 121 Labour backbenchers, signing a parliamentary motion opposing the cuts.
Update, 5pm Friday 23 April: The court hearing is now complete and judgement has been reserved. PCS expects a result in about a week and full details will be published here as soon as they are available.
What is it and why do we have it? Workers Memorial Day, also known as International Workers Memorial Day or International Commemoration Day (ICD) for Dead & Injured takes place annually around the world on April 28th.
It’s an international day of remembrance and action for workers killed, injured, disabled or made unfit for work by their job.
According to the International Labour Organisation (ILO), in workplaces around the world:
Every year over 2 million women and men die as a result of work-related accidents and diseases.
Workers suffer approximately 270 million occupational accidents each year, and suffer 160 million incidents of work-related illnesses.
Hazardous substances in the workplace kill 440,000 workers annually.
Asbestos claims 100,000 lives each year.
One person dies every 15 seconds worldwide, that’s 6,000 every day.
Work kills more people than wars.
In 2009 180 people were killed and 27,000 suffered major injury in the UK.
Around 8,000 people die in the UK each year from occupational cancers and lung diseases.
Remember the Dead, Fight for the Living Workers Memorial Day was started by the Canadian Union of Public Employees (CUPE) in 1984 and the Canadian Labour Congress declared an annual day of remembrance in 1985 on April 28th.
This date was chosen as it is the anniversary of a comprehensive Workers Compensation Act, passed in Canada in 1914. In 1991 the Canadian Government recognised April 28th as an official Workers Mourning Day.
Since then official recognition has been given by many governments around the world, and Workers Memorial Day is held in countries such as: Argentina, Belgium, Bermuda, Brazil, Canada, Dominican Republic, Luxembourg, Panama, Peru, Portugal, Spain, Thailand, Taiwan and the U.S.
On the 28th January 2010 the United Kingdom also officially recognised Workers Memorial Day.
Trade Unions in countries such as Benin, Czech Republic, Finland, Hungary, Malta, Nepal, New Zealand, Romania and Singapore are also pursuing governmental recognition.
Throughout the world on April 28th events are held, including:
Speeches, active campaigning, workplace awareness events, multi faith religious events, laying wreathes, planting trees, unveiling monuments, balloon releases, public awareness and the laying out of empty shoes to symbolise those who have died at work.
Prime Minister praises union safety representatives In a message released to mark Workers Memorial Day the Prime Minister praised the role that trade unions and safety representatives play in promoting health and safety. Gordon Brown said 'the British trade union movement has led the way in protecting the lives of people at work through Health and Safety Representatives. Their dedication has protected countless workers and their families from the consequences of deaths and injuries at work and I pay tribute to their tireless efforts on behalf of us all.'
The message also reiterated that Workers' Memorial Day is an important day in the calendar each year. He stated 'It gives us a chance to commemorate those who have died as a result of their work and to think of the families and friends that have been left behind. We also think of those who have been seriously injured or made ill through work and reaffirm our commitment to supporting and protecting them.
Thank you for taking the time to read this, support Workers Memorial Day, and report ALL accidents and near misses. Ensure you don’t become just another statistic on Workers Memorial Day.
This year's Workers' Memorial Day Event will take place on:
Saturday 1st May 2010 in Preston centre.
If you would like to get involved please contact James Sorah on 01772 223112.
The election manifestos of the major political parties contain precious little on workplace health and safety - and what's there is less than reassuring, safety campaigners have said. Mick Holder of the Hazards Campaign commented: 'While there isn't anything positive for workplace health and safety activists in either the Labour or Tory manifestos, there is the worrying commitment to reduce regulation in the Tory one.
Given the Tory's persistent and corrupt attacks on health and safety laws, including those in recent weeks, this must be an issue for those considering which way to vote in the forthcoming election.' He warned against cuts in the public sector, a target for all the major parties, which 'would further weaken the inspection, enforcement and prosecution role' of the Health and Safety Executive and local authorities, and added that it was 'most disappointing' that the Labour Party had not chosen to include a commitment to introduce legal safety duties on company directors.
The Labour blueprint says it will continue to promote 'employee engagement' at work, and indicates the issue of gangmasters in construction will be revisited. Both GMB and UCATT welcomed this commitment to extend gangmaster legislation to the construction sector 'if the evidence shows that is the best way to enforce employment rights.' Neither the Tory nor the Liberal Democrats manifestos contained any positive proposals on workplace health and safety. Both, however, stress they will cut regulation - a policy plank where the Tories have made health and safety rules their for-the-chop poster boy.
The Conservative manifesto says a Tory government 'will introduce regulatory budgets: forcing any government body wanting to introduce a new regulation to reduce regulation elsewhere by a greater amount. And we will give the public the opportunity to force the worst regulations to be repealed.'
The Lib Dem manifesto mimics Tory policy, saying it will 'reduce the burden of unnecessary red tape by properly assessing the cost and effectiveness of regulations before and after they are introduced, using 'sunset clauses' to ensure the need for a regulation is regularly reviewed, and working towards the principle of 'one in, one out' for new rules.'
Background Job Cuts Announced in PDCS on 30th March 2010 On Tuesday 30th March 2010 the employer announced that over one thousand one hundred jobs would be cut in the Pension, Disability and Carers Service between now and 31st March 2011. As PDCS is one of the largest units of the DWP on the Fylde then the there is a serious potential for large scale job cuts on the Fylde impacting on everyone.
Local Impact The employer has now confirmed the local impact of the cuts to be as follows (please note that these appear to be whole time equivalent cuts and therefore the actual number of people being lost from employ may be far higher).
Please note that as you can calculate this as approximately one in five jobs in Helpline/ BEL and one and ten jobs in DCPU Ops are to be cut. Please also note that if the present headcount is above the March 2010 target then there may be more cuts.
The imposition of the cuts in the Civil Service Compensation scheme (which is an outrageous attempt to cut people’s jobs on the cheap) shows that the job security is a key issue to everyone. It now appears that more job cuts are being planned to pay for the bail out of the bankers and the millionaire class. Now that the worst of the recession created by the bankers is over then there will be attempts at a purge on Civil Service jobs. Cutting the compensation makes it cheaper to get rid of people, so there will be more job cuts planned.
Conclusion The Branch will continue to campaign to defend jobs in the area and also raise key issues such as the expectations of those left behind after the job cuts and the pressures to deliver increasing workloads with fewer and fewer staff.
The Telegraph have added a widget for some thought provoking questions and a rough guide as to who's policies your answers lean towards. It's not supposed to be a be all and end all, but may assist some people in identifying which parties thay may wish to read the manifestos of.
The national overtime ban has been
extended until 14th May 2010.
Support for the action has been very strong and members’ branches are asked to ensure that it continues to be observed strictly. Downloadable material for members and detailed guidance on industrial action is available on the PCS website here and can be found easily from the home page. Members having taken three days of strike action will not expect the campaign to be undermined by handfuls of people who may be persuaded to work outside of their contracted hours.
Action by branches
Branches are continuing to organise picketing where weekend working is attempted, and are reporting all attempts to work overtime via GECLOs.
Following a two-day judicial review hearing in the High Court in April, Mr Justice Sales ruled today (10 May) that the previous government acted unlawfully when it introduced, without PCS’s agreement, a new redundancy scheme reducing the rights staff had accrued over time.
