FCA manager loses tribunal claim over permanent remote working request

The outcome does not mean that employers can automatically reject requests for remote working

Summary: The case of Elizabeth Wilson v the FCA was an employment tribunal claim that was heard on 20 November 2023. Wilson, a senior manager at the FCA, applied for a flexible working arrangement to work from home permanently, but her request was rejected by her employer. She then challenged the decision on the grounds that it was based on incorrect facts. However, the tribunal dismissed her claim and only awarded her a small compensation for the delay in notifying her of the outcome of her appeal.

Elizabeth Wilson v the FCA: A Case Study on Remote Working

Introduction

Remote working, or the practice of working from home or another location outside the office, has become increasingly popular and necessary in the wake of the COVID-19 pandemic. However, not all employers and employees agree on the benefits and drawbacks of this arrangement, and some disputes may arise over the right to request and refuse flexible working applications. One such dispute was the case of Elizabeth Wilson v the Financial Conduct Authority (FCA), an employment tribunal claim that was heard on 20 November 2023. This case study will provide a summary of the facts, the legal issues, the outcome, and the implications of the case for the future of remote working.

Facts of the Case

Elizabeth Wilson was a senior manager at the FCA, the UK’s financial regulator, since 2005. Her initial contract indicated that her normal place of work would be at a physical office location. However, in early 2020, she was allowed to work from home for health reasons, and continued to do so during the national lockdowns imposed by the government to contain the spread of the coronavirus. She claimed that she performed well and maintained effective relationships with her colleagues and stakeholders while working remotely.

In December 2022, after the pandemic restrictions eased, the FCA implemented a policy of asking staff to return to the office for two days a week, or 40% of their working time, and work remotely for the remaining 60%. Wilson submitted a flexible working request to work from home permanently, arguing that she had proven her ability to work remotely and that it suited her personal circumstances better. She also cited environmental and financial benefits of reducing her commute.

In March 2023, she learned that her request was rejected by her manager, who stated that working from home would have a detrimental impact on her performance and quality of output. The manager cited several reasons, such as the loss of face-to-face training, collaboration, and coaching opportunities, the difficulty of managing a team remotely, and the need to input in management strategy meetings and be involved in in-person activities. Wilson appealed the decision, but it was also rejected by the director of authorisations, who upheld the manager’s reasoning and added that the FCA had a legitimate expectation that Wilson would complete certain elements of her work in the office.

Wilson then lodged a tribunal claim, alleging that the FCA had failed to comply with the statutory procedure for dealing with flexible working applications, and that the decision to reject her request was based on incorrect facts.

Legal Issues

The legal framework for flexible working applications is set out in sections 80F to 80I of the Employment Rights Act 1996 (as amended). According to section 80F, a qualifying employee may apply for a change in the terms and conditions of their employment, such as the hours, times, or place of work. According to section 80G, the employer must deal with the application in accordance with the regulations made by the Secretary of State, and must only refuse the application on one or more of the following grounds:

the burden of additional costs
detrimental effect on ability to meet customer demand
inability to reorganise work among existing staff
inability to recruit additional staff
detrimental impact on quality
detrimental impact on performance
insufficiency of work during the periods the employee proposes to work
planned structural changes

The employer must also notify the employee of the final decision within three months of the application, unless an extension is agreed. According to section 80H, the employee may present a complaint to an employment tribunal if the employer fails to comply with the procedure, or if the decision to reject the application is based on incorrect facts.

The main legal issues in the case were:

Whether the FCA had complied with the procedure for dealing with flexible working applications
Whether the FCA had refused the application on one or more of the statutory grounds
Whether the FCA’s decision was based on incorrect facts

Outcome of the Case

The employment tribunal dismissed Wilson’s claim, except for a minor breach of the procedure. The tribunal found that the FCA had complied with the procedure for dealing with flexible working applications, except for notifying Wilson of the outcome of her appeal within the statutory time limit. The tribunal awarded Wilson a small compensation of £643 for the delay, equivalent to one week’s pay.

The tribunal also found that the FCA had refused the application on the ground of detrimental impact on performance, which was one of the statutory grounds. The tribunal accepted the FCA’s arguments that working from home would affect Wilson’s ability to deliver face-to-face training, collaborate with colleagues, coach new team members, and participate in management strategy meetings. The tribunal noted that these were legitimate expectations of Wilson’s role as a senior manager, and that the FCA had a reasonable basis to conclude that working from home would negatively impact these aspects of her work.

The tribunal further found that the FCA’s decision was not based on incorrect facts, as Wilson had alleged. The tribunal rejected Wilson’s claim that she had performed well and built effective relationships while working remotely, as these were subjective assessments that did not negate the FCA’s concerns about the potential risks to her performance. The tribunal also rejected Wilson’s claim that the FCA had failed to consider the environmental and financial benefits of working from home, as these were not relevant factors for the FCA’s decision.

Implications of the Case

The case of Elizabeth Wilson v the FCA is one of the first cases to deal with the issue of remote working in the post-pandemic era. It illustrates some of the challenges and conflicts that may arise between employers and employees over the right to request and refuse flexible working arrangements. It also highlights some of the factors that employers and employees should consider when making and assessing such requests, such as the nature and requirements of the role, the impact on performance and quality, and the expectations and preferences of both parties.

The case does not mean that employers can automatically reject requests for remote working, or that employees have no right to work from home. Each case will depend on its own facts and circumstances, and the employer must still follow the statutory procedure and grounds for dealing with flexible working applications. However, the case does suggest that employers may have a strong case to refuse requests for remote working if they can show that it would have a detrimental impact on the employee’s performance, and that this impact is based on reasonable and objective grounds.

The case also does not mean that remote working is not a viable or beneficial option for some employees and employers. Remote working may still offer advantages such as increased flexibility, productivity, and well-being for some workers, and reduced costs, turnover, and absenteeism for some employers. However, remote working may not suit every role, every organisation, or every individual, and there may be trade-offs and challenges involved, such as communication, collaboration, and supervision issues. Therefore, remote working should be considered as one of the possible options for flexible working, rather than a default or universal solution.

The case of Elizabeth Wilson v the FCA may have implications for the future of remote working, as it may influence the attitudes and behaviours of employers and employees towards this practice. It may also prompt further legal developments and guidance on the issue, as the law and regulations on flexible working may need to adapt to the changing realities and expectations of the post-pandemic world.

By Pat Harrington

Citation: Wilson v Financial Conduct Authority [2023] ET 2302739/2023.
You can find the full judgment of the tribunal here: https://assets.publishing.service.gov.uk/media/65a8ecedb2f3c60013e5d4e9/Mrs_E_Wilson_v_Financial_Conduct_Authority_2302739-2023_Judgment__002_.pdf

Disclaimer: This case study is for informational and educational purposes only. It is not intended to provide legal advice or opinion on any specific issue or situation. It does not constitute or create a solicitor-client relationship between the author and the reader. The reader should not rely on the information or analysis in this case study as a substitute for professional legal advice or consultation. The reader should always seek the advice of a qualified lawyer before taking any action or making any decision based on the information or analysis in this case study. The author does not accept any liability or responsibility for any errors, omissions, or inaccuracies in this case study, or for any consequences or damages arising from its use or misuse.

Image by StartupStockPhotos from Pixabay

Navigating Workplace Issues: Understanding the Grievance Procedure

A Solidarity Rep can advise members on how to lodge a workplace Grievance

743 words, 4 minutes read time.

Introduction: In every workplace, conflicts may arise, and it’s crucial for employees to know their rights and avenues for addressing concerns. One essential aspect is the grievance procedure, a formal way to resolve workplace disputes. In this Q&A session, a Solidarity Trade Union representative sheds light on how the grievance procedure works.

Q1: What is a grievance procedure, and why is it important? A: The grievance procedure is a structured process designed to address and resolve workplace issues and conflicts. It provides a fair and transparent way for employees to voice their concerns and seek resolution, contributing to a healthy work environment.

Q2: When should an employee consider filing a grievance? A: If informal discussions with a manager do not resolve a concern, a worker can make a formal grievance complaint in writing. The employer should have a written grievance procedure outlining the steps to be taken and what happens at each stage. Employees should consider filing a grievance when they have concerns about their working conditions, treatment by colleagues or management, or any other issue affecting their employment. It is important to act promptly to address the matter before it escalates.

Q3: How does the grievance procedure typically begin? A: The process usually starts with the employee submitting a written grievance to their supervisor or HR department, outlining the details of the issue, the parties involved, and their desired resolution. This document serves as the official record of the complaint. Make sure you consult your union on how to write this document.

Q4: What happens after the submission of a grievance? A: Once the grievance is submitted, the employer will initiate an investigation. This may involve interviews with the parties involved, gathering relevant documents, and obtaining statements. The goal is to thoroughly examine the issue and find a fair resolution.

Q5: How should a worker prepare for a grievance meeting? A: In a grievance meeting, the employer will discuss the issue. The worker can bring supporting documents if desired. They also have the right to be accompanied by a colleague or trade union representative.

Q6: What rights does an employee have during the grievance process? A: Employees have the right to be accompanied by a trade union representative or a colleague during any formal grievance meetings. This ensures that their concerns are adequately represented, and they are not at a disadvantage.

Q7: Is mediation an option during a dispute? A: Yes, mediation is an alternative to resolve a problem, often used when informal discussions do not bring a resolution. It is voluntary and confidential, involving an independent third party who facilitates discussions between the parties.

Q8: What happens after a grievance meeting? A: After the meeting, the employer will communicate their decision, including any intended actions and information about how to appeal if necessary.

Q9: Can a worker appeal if dissatisfied with the employer’s decision? A: Yes, a worker has the right to appeal if they do not agree with the employer’s decision. The appeal process is typically outlined in the employer’s grievance procedure. It should specify who to submit the appeal to, the time limit, and details about any appeal meetings. The worker has the right to be accompanied during appeal meetings.

Q10: What if the employee is dissatisfied with the outcome of the grievance process? A: If the employee remains dissatisfied after the internal grievance process, they may have the option to escalate the matter to an employment tribunal or another external body, depending on local employment laws.

Q11: How can Solidarity Trade Union assist during the grievance process? A: Solidarity Trade Union can provide support and guidance to its members prior to registering a grievance and at every stage of the grievance process. Our representatives can attend meetings, offer advice, and help ensure that the employee’s rights are upheld. If you are not currently a member of Solidarity but need help please see our Help for Non-Members page.

Legal Disclaimer: This article is provided for informational purposes only and does not constitute legal advice. The information presented here is based on general principles and may vary depending on jurisdiction and specific circumstances. Individuals seeking legal guidance should consult with a qualified professional.

Understanding the grievance procedure is essential for employees to navigate workplace conflicts effectively. Solidarity Trade Union stands ready to support its members throughout this process, ensuring a fair and just resolution to workplace issues.

Ulster: pay the workers!

Workers rally in Belfast.
Picture credit: David Kerr

316 words, 2 minutes read time.

Yesterday, approximately 170,000 public sector workers in Ulster staged one of the largest strikes in the region’s history, comprising teachers, civil servants, healthcare professionals, and transport workers. They united in seeking pay parity with the rest of the UK to enhance staff recruitment and retention, along with advocating for proper funding for all public services in the future.

The strikers dedicated themselves to picket lines from the early hours and later converged for a massive rally at Belfast City Hall. Notably, additional demonstrations unfolded in Enniskillen, Londonderry, and Omagh.

Patrick Harrington, General Secretary for the Solidarity union, emphatically voiced support for the strikers, condemning the “exploitation of their pay as a political tool”.

The Northern Ireland Assembly, or Stormont, has remained suspended since January 2017, when the Democratic Unionist Party (DUP) and the nationalist party Sinn Féin parted ways due to discord over the DUP’s handling of a green energy scandal. Sinn Féin insisted on the implementation of an Irish language act before considering rejoining with the DUP in a power-sharing arrangement. The issue of the Irish language has stirred strong sentiments among nationalists and some unionists, serving as a symbol of identity. However, political unionism has rebuffed prior attempts by nationalist parties to enact such legislation, leading to an impasse in restoring Stormont.

Northern Ireland Secretary Chris Heaton-Harris earmarked £3 billion for public sector pay and over £1 billion to stabilize public services. Nevertheless, he withheld these funds, linking them to the resumption of Stormont and refusing to release the money until such a time. This decision, which intertwined a constitutional issue related to the EU with social matters like pay, effectively held workers hostage to political negotiations. The refusal to allocate the funds represents sheer arrogance and obstinacy on the part of the Tory Secretary of State, ultimately placing the burden on the hardworking individuals affected.

New Paternity Leave Rules

Image: Kollectiv Futur 2024. All rights reserved.

340 words, 2 minutes read time.

The government has recently unveiled the draft legislation known as the Paternity Leave (Amendment) Regulations 2024, following the prior announcement of proposed alterations to paternity leave rights in summer 2023. These regulations bring about significant changes aimed at enhancing flexibility and support for employees. Key modifications include the option for employees to split their two-week paternity leave entitlement into two separate one-week blocks, as opposed to the previous requirement of taking it all at once or in two consecutive weeks. Additionally, employees will now have the flexibility to take paternity leave at any point within 52 weeks after the birth, a departure from the previous 56-day window. Furthermore, the notice period for intending to take paternity leave has been significantly reduced to 28 days, down from the previous 15 weeks before the Expected Week of Childbirth (EWC). The leave is paid at the statutory rate, which is currently £172.48 per week.

Patrick Harrington, General Secretary, of Solidarity union commented:

“While the new regulations are a step in the right direction, some argue that they could have gone further. For instance, the leave period could have been extended to allow fathers to spend more time with their newborns. Additionally, the pay rate could have been increased to help families cope with the financial burden of having a new child.

It is important to note that the new regulations are a significant improvement over the previous ones. Hopefully, this government or the next will continue to make progress in this area and provide even more support for new parents in the future.”

It is important to note that the application of these Regulations will be universal, taking effect in all cases where the EWC falls on or after 6 April 2024. These proposed changes are slated to align with other family-friendly legal adjustments, including the introduction of carer’s leave, revisions to flexible working rights, and the expansion of redundancy protection to encompass pregnancy, as well as a period following maternity, adoption, and shared parental leave.

Junior doctors start longest strike ever

669 words, 4 minutes read time.

Junior doctors throughout England are embarking on the longest strike in the history of the NHS, initiating a 144-hour action starting at 7 am today and concluding at the same time on Tuesday, January 9. This move comes amid heightened pressure on the health service during a critical period dealing with increased cases of winter viruses.

The breakdown in talks which led to the strikes came after five weeks of negotiations during which industrial action had been suspended. The BMA wants a 35% pay uplift, to make up for what it says have been below-inflation rises since 2008. This is described as “pay restoration” by unions.

Despite calls from the Department of Health and Social Care for the British Medical Association (BMA) to cease their strikes and resume negotiations, BMA junior doctors’ committee co-chairs, Dr. Rob Laurenson and Dr. Vivek Trivedi, insist that the government had the opportunity to present a credible offer, even at this late stage.

The BMA asserts that junior doctors’ pay has faced a reduction of over a quarter since 2008. While the government granted an average increase of 8.8% to junior doctors in England over the summer and a further 3% average rise, professionals argue that the raise is insufficient. They demand a pathway to full pay restoration to counter the significant decline in pay since 2008-09.

Junior doctors from the Hospital Consultants and Specialists Association union are also set to join their colleagues on picket lines. Dr. Laurenson and Dr. Trivedi express disappointment in not receiving the promised “final offer” from the Health Secretary during the holiday period, reiterating their willingness to engage in talks if a credible offer is presented.

Dr. Trevedi said the government’s offer to junior doctors – an average 3% rise on top of the 8% already imposed on them – was nowhere near enough.

Asked whether he believed junior doctors still had public support for their action, he told PA Media: “I think the public know the only way to have a healthcare system that looks after them is to have enough doctors. And they can completely appreciate when doctors graduate and they’re starting on £15.50 an hour – after the government’s latest pay uplift – and go to a maximum of £30 an hour after 10 years of working, that’s just not enough.”

The offer of a 3% average increase would mean doctors paid £15.50 an hour would only see that increase to £16. It was “not unreasonable” for doctors to want to be paid £21 an hour, Dr. Trevedi said.

He added: “While strike action is disruptive, the public are still very much aware that the government needs to get real and meet us at the table and put an offer that will end this dispute.

“That’s the only way this dispute will end: an offer that’s acceptable to our doctors which will work towards building back the value to a doctor’s life, and be able to then retain those doctors who are otherwise fleeing to places like Australia, Canada, New Zealand, Ireland. We need to do better.”

NHS Providers warns that this “unprecedented” action will result in care delays for thousands of patients and calls for a prompt resolution to prevent the escalation of the dispute, potentially leading to additional health workers participating in strikes. The NHS anticipates that the strike could involve up to half of the doctors in England, posing a significant challenge at the beginning of the year.

Various campaign groups support the union action, emphasizing the need for the government to address patient safety concerns by returning to the negotiating table. Pat Harrington, General Secretary of Solidarity union commented: “We back the Junior doctors 100 percent. They need pay restoration and they have no option but to strike if the government refuses to talk realistically.” Amid these developments, Every Doctor UK chief executive Dr. Julia Grace Patterson stresses that NHS workers are individuals and not the property of the state, challenging the perception that they have committed to a life of servitude without regard for their well-being.

Six Films For Trade Unionists

2,061 words, 11 minutes read time.

Trade unionism, with its rich history of collective action and advocacy for workers’ rights, has been a compelling theme explored in cinema. These films, suggested by our friends over at Counter Culture, delve into the struggles, triumphs, and solidarity within the labour movement. Here are five films that captivate the essence of trade unionism:

Norma Rae (1979), under the insightful direction of Martin Ritt, unfolds as a powerful cinematic portrayal of the real-life struggles of Crystal Lee Sutton, a determined textile worker in North Carolina. This gripping narrative serves as a tribute to the indomitable spirit of one woman who took a courageous stand against oppressive working conditions, transcending her personal battles to become a beacon for workers’ rights and unionization.

Ritt’s directorial finesse shines through as the film intricately weaves together the personal and political aspects of Sutton’s journey. The narrative is a compelling exploration of the complexities involved in organizing a union, where every step is fraught with challenges and resistance from a management determined to maintain the status quo. The film unfolds as a poignant testament to the resilience of the human spirit in the face of adversity, portraying the sacrifices and triumphs that come with the pursuit of justice.

Sally Field delivers a tour de force performance in the titular role, imbuing Norma Rae with authenticity and emotional depth. Her portrayal captures the transformation of an ordinary worker into a formidable force for change, resonating with audiences as they witness the evolution of a reluctant hero compelled to take action for the greater good.

“Norma Rae” is not merely a historical drama; it is a timeless exploration of the universal struggles faced by workers seeking fair treatment and dignity in the workplace. The film’s relevance extends beyond its 1970s setting, providing a resonant commentary on the ongoing challenges of labour rights and the necessity of collective action.

For those eager to witness this inspiring journey, “Norma Rae” is conveniently accessible on Amazon Prime Video, offering away for viewers to engage with this powerful narrative. Additionally, for those who prefer to own a physical copy, the film is available for purchase as a DVD on musicMagpie, ensuring that Sutton’s story remains accessible to a broader audience.

In conclusion, “Norma Rae” stands as a testament to the transformative power of one individual’s courage and determination in the face of injustice. Through its compelling storytelling and stellar performances, the film invites audiences to reflect on the enduring importance of solidarity and the ongoing struggle for workers’ rights.

Matewan (1987), a poignant historical drama directed by John Sayles, takes viewers on a compelling journey into the heart of the coal mining strikes in West Virginia during the tumultuous 1920s. Set against the backdrop of industrial unrest, the film masterfully navigates the challenges faced by coal miners as they strive to organize and establish a union, all while confronting the brutal opposition and violence orchestrated by the powerful mining company.

Sayles’s directorial vision brilliantly captures the essence of the era, immersing audiences in the gritty and perilous world of coal mining communities. The film unfolds as a powerful exploration of the human spirit, resilience, and the unyielding pursuit of justice amidst a backdrop of economic disparity and corporate exploitation.

The character portrayals in “Matewan” are deeply nuanced, with the ensemble cast delivering performances that breathe life into the struggles and triumphs of the miners. The film invites viewers to empathize with the complexities of the workers’ lives, showcasing the sacrifices made in the pursuit of fair labor practices and basic human rights.

The narrative unfolds with a palpable tension, capturing the intensity of the clashes between the miners and the mining company. Sayles skillfully weaves together elements of historical accuracy and storytelling prowess, creating a gripping narrative that resonates with the universal themes of resistance and solidarity.

For those eager to experience this gripping tale of labor strife and resilience, “Matewan” is available for viewing on YouTube, offering a convenient platform for audiences to engage with this historically significant drama. Alternatively, for those who appreciate the tangible experience of owning a copy, the film is available for purchase as a DVD on musicMagpie, ensuring accessibility for a wider audience.

Matewan stands not only as a testament to the struggles of the coal miners in the 1920s but also as a timeless exploration of the ongoing battle for workers’ rights and dignity. Through its evocative storytelling and compelling characters, the film invites reflection on the enduring importance of solidarity in the face of adversity.

Pride (2014), under the adept direction of Matthew Warchus, stands as a heart-warming cinematic triumph that illuminates an extraordinary chapter in history. The film unfolds against the backdrop of the UK’s National Union of Mineworkers’ strike in 1984, seamlessly weaving together the narratives of two seemingly disparate groups—LGBT activists and striking miners. In doing so, it delivers a poignant and uplifting tale of solidarity that transcends societal boundaries.

Warchus adeptly navigates the complexities of the socio-political landscape of the time, presenting a narrative that not only captures the challenges faced by the miners but also the resilience and determination of the LGBTQ+ community in the face of adversity. The film becomes a powerful testament to the strength of unity, demonstrating how two marginalized groups, seemingly worlds apart, can find common ground and support each other in their respective struggles.

The character dynamics within “Pride” are crafted with nuance and authenticity, allowing the audience to connect deeply with the individuals at the forefront of this unlikely alliance. The camaraderie that develops between the activists and the miners is portrayed with humor, heart, and sincerity, creating a tapestry of relationships that underscores the transformative power of compassion and understanding.

As the film unfolds, it becomes evident that “Pride” is not merely a historical drama but a celebration of the human spirit and the capacity for change. The resonant message of acceptance and unity reverberates through every frame, leaving a lasting impact that extends far beyond the screen.

For those eager to experience this extraordinary tale of camaraderie, “Pride” is readily accessible on [BBC iPlayer], offering a convenient avenue for viewers to immerse themselves in this inspiring narrative. Alternatively, for those who prefer to have a tangible keepsake, the film is available for purchase as a DVD on musicMagpie, ensuring that this powerful story remains accessible to a broader audience.

“Pride” is a cinematic gem that goes beyond its historical roots, serving as a reminder of the transformative potential inherent in solidarity. It is a testament to the enduring power of unity and understanding, urging audiences to reflect on the progress made in fostering inclusivity while challenging societal norms. Warchus’s directorial prowess combined with a stellar cast makes “Pride” a must-watch, leaving an indelible mark on the hearts and minds of its viewers.

Made in Dagenham (2010), directed by Nigel Cole, stands as a compelling dramatization that delves into the pivotal 1968 Ford sewing machinists strike in the United Kingdom. At its core, the film captures the essence of a transformative moment in history when female workers courageously rallied for equal pay, shaping a narrative that transcends its temporal confines.

Cole’s direction not only breathes life into the socio-political context of the time but also deftly weaves together the personal stories of the women at the forefront of this groundbreaking movement. The film becomes a poignant exploration of gender dynamics within the labor movement, spotlighting the resilience and determination of the female workforce. The struggles faced by these women resonate beyond the confines of the screen, igniting a thoughtful reflection on the broader global fight for workplace equality.

The movie adeptly navigates the complexities of the period, offering a nuanced portrayal of the challenges these women confronted within a male-dominated industry. It sheds light on the systemic injustices prevalent in the workplace and eloquently advocates for gender equality, echoing the sentiments of the ongoing struggle for equal rights.

“Made in Dagenham” not only serves as a historical snapshot but also serves as a mirror reflecting the persisting issues of gender inequality. The narrative unfolds with a mix of emotion, humour, and a palpable sense of camaraderie among the characters, making it an engaging watch that resonates with contemporary audiences.

For those eager to experience this impactful film, it is conveniently accessible on [ITV Hub], providing an opportunity for viewers to delve into this inspiring narrative. Alternatively, for those who prefer to have a physical copy, the film is available for purchase as a DVD on musicMagpie, ensuring that the empowering story of the 1968 Ford sewing machinists strike remains accessible to a wider audience. “Made in Dagenham” is not just a cinematic piece; it is a call to action, urging viewers to reflect on the progress made in the fight for workplace equality while recognizing the work that still lies ahead.

Grapes of Wrath (1940), a cinematic adaptation of John Steinbeck’s powerful novel directed by John Ford, offers an intimate and evocative portrayal of the Joad family’s journey to California amid the tumultuous Great Depression. As the audience follows the Joads, the film becomes a poignant exploration of the harsh realities faced by migrant workers during a time of economic upheaval. Ford masterfully captures the essence of the era, delving into themes of exploitation, resilience, and the indomitable human spirit.

The cinematography and storytelling in “Grapes of Wrath” are emblematic of Ford’s directorial brilliance, painting a vivid picture of the struggles endured by the Joad family and their fellow migrants. The film doesn’t shy away from exposing the systemic injustices and challenges that defined the lives of these individuals, creating a narrative that remains a powerful social commentary to this day.

As the Joads navigate through adversity, the film highlights the strength and determination that emerge in the face of hardship. The characters’ resilience becomes a beacon of hope, resonating with the universal theme of human endurance in the most trying of circumstances. “Grapes of Wrath” is not just a historical piece; it is a timeless exploration of the human condition, prompting reflection on societal structures and the pursuit of justice.

For those intrigued by this cinematic masterpiece, “Grapes of Wrath” is available for streaming on [HBO Max], providing a convenient way to immerse oneself in this poignant narrative. Alternatively, for those who appreciate the tangible experience of owning a copy, the film can be purchased as a DVD on musicMagpie, ensuring accessibility for a wider audience.

Newsies (1992), directed by Kenny Ortega, catapults viewers back to the vibrant streets of New York City in 1899, vividly bringing to life the inspiring story of newspaperboys who united in a historic strike for better pay and improved working conditions. This musical drama pays homage to the courage and determination of these young activists, turning a spotlight on their collective fight for rights in the face of adversity.

Ortega’s directorial finesse is on full display as “Newsies” combines dynamic musical sequences with a compelling narrative, creating an immersive experience that celebrates the spirit of the newspaper boys. The film captures the essence of a pivotal moment in labour history, portraying the challenges faced by these resilient youths as they stand up against powerful newspaper moguls.

The musical aspect of “Newsies” adds an extra layer of emotion and energy to the storytelling, turning the historical narrative into a vibrant and engaging spectacle. The film not only showcases the struggles of the newsboys but also underscores the importance of solidarity and determination in the pursuit of justice.

For those eager to enjoy this spirited tale, “Newsies” is available for streaming on [Netflix], providing an accessible avenue for viewers to tap into the energy of this historical musical drama. Alternatively, for those who prefer to have a physical copy, the film is available for purchase as a DVD on musicMagpie, ensuring that the legacy of the newsboys’ strike remains within reach for enthusiasts and new audiences alike.

We hope you enjoy these films as much as we did!

Picture credits

Norma Rae (1979)

May be found at the following website: http://www.impawards.com, Fair use, https://en.wikipedia.org/w/index.php?curid=6761713

Matewan (1987)

Fair use, https://en.wikipedia.org/w/index.php?curid=4946443

Made in Dagenham (2010)

The cover art can or could be obtained from IMP Awards., Fair use, https://en.wikipedia.org/w/index.php?curid=28027677

The Grapes of Wrath (1940)

Copyright by Twentieth Century-Fox-Film Corp. MCMXXXX" – Scan via Heritage Auctions. Cropped from original image., Public Domain, https://commons.wikimedia.org/w/index.php?curid=86209378

Newsies (1992)

By IMDb, Fair use, https://en.wikipedia.org/w/index.php?curid=12484801

New Year Message From Our President

293 words, 2 minutes read time.

The past year has been a difficult year for British workers. Inflation took off at a level not seen for half a century but rates of pay fell far behind, triggering a massive outpouring of industrial action. Junior doctors, nurses, transport workers – people lauded and applauded as ‘essential workers’ during the Covid pandemic – found themselves vilified by the government and the Tory press as selfish and callous militant thug. The government has hinted at new legal restrictions on trade unions and their members’ rights.

So, we enter 2024 with some trepidation; we expect the government to try to trample on workers’ rights, to palm workers off with less-than-inflation pay increases and poorer working conditions. However, 2023 has shown that British workers are mad as hell and we aren’t going to take it anymore.

Solidarity says it wasn’t ordinary workers who caused the massive wave of inflation. Solidarity says we won’t stand for workers being punished for the misdeeds of the so-called ‘great and the good.’ Solidarity is dedicated to fighting for the rights of its member in 2024 as it has done since its foundation. Solidarity has your back. Solidarity will stand by you. There will be a struggle ahead, but as the late Bob Crowe once said, ‘You may fight and lose, but if you don’t fight, you will definitely lose”. Finally let’s give a thought and prayer to mainly ordinary working people who are suffering due to war and conflicts around the Globe, to which there are over a 100. It’s always the Working Class that suffer the most in these conflicts and let’s hope Humanity prevails in the coming year. We can win in 2024.

Happy New Year. Together we are strong. Solidarity Forever.

Glen Nicklasson

President of Solidarity union

Xmas message from the GenSec

571 words, 3 minutes read time.

Dear Brothers and Sisters,

As we gather together to commemorate this joyous holiday season, I wanted to take a moment to reflect on the events that unfolded throughout the year 2023. It has undoubtedly been a challenging year for the trade union movement in the United Kingdom, yet we have demonstrated our unwavering strength and dedication to supporting and caring for one another.

In the face of adversity, unions have remained resolute, ensuring that the voices of members are heard loud and clear. We have fought tirelessly for fair wages, improved working conditions, and the protection of workers’ rights. Together, we have proven that we are strong enough to care for the well-being of every individual within our unions.

Throughout 2023, we witnessed remarkable solidarity and unity. We united in rallies and on picket lines, demanding justice and recognition for the invaluable contributions made by workers across various industries. Whether it was standing with our healthcare workers, educators, or essential service providers, we exemplified the true meaning of solidarity. I know that many of you, like me, contributed to individual strike funds of other unions to support their just struggles.

I am proud to share that I personally secured the reinstatement of two members who had been wrongfully dismissed from their employment this year. Our Representatives continue to work tirelessly for members, and I want to highlight the outstanding efforts of Dr. Abbey Akinoshun in this regard. Dr. Akinoshun has achieved numerous victories for healthcare workers within our union. Our Representatives consistently dedicate themselves to resolving grievances, challenging unjust practices, and advocating for fair treatment on behalf of our members. Their commitment remains steadfast week in and week out.

Furthermore, our dedication extends beyond our members to the wider community. Many individual members have supported charities through financial donations or volunteered their time and skills to assist those in need. We take great pride in the generosity and compassion demonstrated by our members. It shows that when we say we are ‘strong enough to care’, we mean it.

I would also like to highlight the establishment of the Solidarity Benevolent Fund, supported by donations from our members. This year, the Fund provided assistance to a builder and his family who were involved in a work-related accident. The Fund offers practical and financial aid during difficult times, such as illness or unemployment. In this particular case, we were able to provide benefit advice and assistance with applications, a service we extended to several members throughout the year.

Our union officials have also played a crucial role by providing certain document witnessing services, including Passport applications, to our members free of charge. Their dedication to supporting our members in various ways has been invaluable.

In 2023, we introduced Union News, a regular video segment aimed at informing and educating trade unionists in the UK. Building on this success, we plan to expand and improve Union News in 2024. We have also started experimenting with cartoons as a simple yet effective means of conveying important information. Embracing new technologies and seeking ways to enhance our communication channels are an integral part of our ongoing efforts to serve our members better.

In looking forward to the year ahead, I am confident that together we will continue to overcome challenges and achieve even greater victories. I hope that you all have a wonderful holiday season and a happy new year!

In solidarity,

Patrick Harrington

General Secretary

Day 1 Right To Request Flexible Working

655 words, 3 minutes read time.

Survey Reveals Lack of Awareness

A recent survey conducted by Acas has found that 7 out of 10 employees (70%) are unaware of their new right to request flexible working from the very first day of their job starting next year. This significant change in the law will allow employees to ask for flexible working arrangements as soon as they commence employment. Currently, this right is only available to employees who have worked for their employer for 26 weeks or more.

A Code of Practice for a Smooth Transition

To facilitate this transition and provide guidance, Acas will be producing a new statutory Code of Practice on handling requests for flexible working. This code will support both employers and employees in understanding and navigating these changes, which will be implemented next year.

According to Susan Clews, the Chief Executive of Acas, the global shift towards flexible working has already had a positive impact on work-life balance for many individuals. Employers have also benefited from being perceived as attractive places to work. Clews emphasizes the importance of everyone being prepared for the new changes to the law and highlights the recent consultation on a new draft Code of Practice that strengthens good practice in flexible working. The final version of the new Code will be published next year.

Effective Date and Additional Reforms

The right to request flexible working from day one will come into force on April 6, 2024. Alongside this change, the Employment Relations (Flexible Working) Act 2023 outlines additional reforms related to flexible working, which are also expected to be implemented at the same time.

Other Legislative Updates

Carer’s Leave

Draft regulations have been published, detailing the operation of the new statutory right to carer’s leave, which will be effective from April 6, 2024. The key points from these regulations include:

Employees with dependents requiring long-term care are entitled to up to one week of unpaid leave within a 12-month period.

Leave can be taken in one continuous block or on separate days, but a minimum of half a day must be taken at a time.

Employees must comply with certain notification requirements, and there are limited circumstances where employers can postpone requested leave.

Employers cannot demand evidence in relation to a request for carer’s leave.

To comply with these regulations, employers will need to develop a carer’s leave policy and ensure their payroll and time & attendance systems are prepared.

Redundancy Protection for Certain Employees

Further draft regulations have been published to extend redundancy protections to a wider category of employees. This extension will cover:

Pregnant employees.

Employees who have returned from statutory maternity or adoption leave.

Employees who have returned from at least 6 consecutive weeks of statutory shared parental leave (and are not already covered by maternity and adoption protection).

These changes will apply to pregnant employees from the point of informing their employer about their pregnancy and eligible parents returning from maternity, adoption, or shared parental leave for 18 months after the expected week of
childbirth, the placement date for adoption, or the child’s birth.

Employers should be aware of these changes when planning restructuring exercises involving potential redundancies.

Significant Immigration Changes

The Home Secretary has announced major changes to key immigration routes with the aim of reducing net migration. The notable changes for employers include:

The minimum salary threshold for the Skilled Worker route will increase from £26,200 to £38,700.

There will no longer be a 20% reduction to the Skilled Worker minimum salary threshold for jobs on the shortage occupations list.

Overseas care workers will no longer be able to bring dependents with them under the Health and Care Worker visa route, following a similar approach to that of students.

These changes are expected to take effect in spring 2024. Employers should factor them into their recruitment planning and consider sponsoring workers at an earlier stage, or for a longer period, to adhere to existing lower salary thresholds.

Junior Doctors Stand Firm On Strikes

Solidarity Union backs the Junior Doctor’s strike and their Just battle for pay restoration, Picture: iStock.

392 words, 2 minutes read time.

In a show of defiance against bosses, government, and right-wing pressure, thousands of junior doctors in England commenced a significant strike on Wednesday, marking the 26th day of action since the beginning of the pay dispute. The strike, scheduled to last for three days, witnessed junior doctors donning orange hats and displaying orange-lettered BMA placards as they stood on the picket line at University College Hospital in central London.

Hospital managers made provisions for senior doctors to provide emergency cover, although most planned appointments and treatments had to be cancelled. This strike, currently underway, will be followed by an unprecedented six-day walkout at the start of January, marking the longest strike in the history of the NHS.

Pat Harrington, General Secretary of Solidarity, voiced strong support for the strike, backing the junior doctors in their endeavour to bring attention to the ongoing pay dispute. Expressing solidarity with the protesters, he emphasized the need for an equitable resolution that addresses the challenges faced by the medical workforce.

The strike comes on the heels of failed negotiations between the doctors’ union, the British Medical Association (BMA), and the government earlier this month. The NHS management’s fury at the strike was evident, with strong alignment with the government’s stance. The union’s timing was labelled as a “moral issue” aimed at causing “maximum disruption,” leading to heightened tensions within the medical community.

Amid the ongoing strike, the resolve of the doctors remains unshaken, with BMA representative Dr. Robert Laurenson affirming the effectiveness of the union’s actions. Highlighting the impact of their collective strength, he emphasized their ability to compel the government to reconsider their initial stance on pay offers. The determination to continue the fight until a credible offer is presented underscores the unwavering commitment of the medical community to address the pressing challenges within the NHS.

The doctors on the picket lines displayed steadfastness in the face of criticism and received support from consultants, highlighting the unity within the health service. They emphasized the financial struggles resulting from low pay and the diminishing camaraderie within the NHS. Similarly, others echoed the challenges of dwindling resources, increased pressure, and the morale crisis among the medical workforce, underscoring the recurring theme of low pay’s impact on the well-being of NHS staff.