Union News 10 March, 2024

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Welcome to Union News, your guide to what’s happening in the UK trade union and labour movement. Reporting is by Pat Harrington and music is by Tim Bragg. in this edition, Railway unions express outrage over significant delays in the government’s railway overhaul plans. Rooted Finance workers prepare to strike amidst allegations of anti-union tactics. At the TUC Women’s Conference, employers’ dismissal of women’s health concerns is scrutinized, with unions urging increased awareness. The PCS General Secretary reflects on the impact of Women Against Pit Closures and emphasizes their ongoing legacy. And in Coventry, Amazon workers’ strikes result in a 20% pay increase, showcasing a triumph against the retail giant despite ongoing challenges and HR interventions.

Railway Overhaul Delay Sparks Union Outrage: Passengers and Taxpayers Suffer

Unions are slamming the government’s management of railway reforms following a damning report by the National Audit Office (NAO). The report reveals significant delays and “limited progress” in the Department for Transport’s (DfT) plans to overhaul Britain’s railways. The NAO states that the majority of changes and expected savings won’t materialize until at least the next parliament. RMT and Aslef leaders criticize the government’s focus on privatization interests, calling for a publicly owned railway to benefit passengers, workers, and taxpayers.

Rooted Finance Workers Strike Amidst Allegations of Anti-Union Tactics

Front-line workers at debt advice charity Rooted Finance are set to strike following unanimous voting by Independent Workers of Great Britain (IWGB) members. Allegations of “anti-union and intimidatory tactics” by management have fuelled the dispute, which began with concerns over low pay and inadequate training. Workers have highlighted their frustration with management’s reluctance to address concerns and engage in meaningful dialogue.

TUC Women’s Conference: Employers Dismissing Women’s Health Concerns Under Scrutiny

The TUC Women’s Conference recently addressed the dismissal of women’s health concerns by employers, resulting in many leaving their professions. Teachers’ union NASUWT leads a motion calling for greater awareness of gender-sensitive health and safety issues. GMB warns that women are being forced out of work due to inadequate support and understanding, emphasizing the need for trade unions to raise awareness of intersectional gender-sensitive issues.

PCS General Secretary Reflects on International Women’s Day: Honours Women Against Pit Closures

The PCS General Secretary reflected on International Women’s Day, which was celebrated last Wednesday, paying tribute to Women Against Pit Closures during their 40th anniversary. She highlights the pivotal role of working-class women in the miners’ strike and the transformation of the working-class and feminist movements. The legacy of fearless working-class women continues as the first woman general secretary of PCS acknowledges the progress made by women workers in various sectors. The union leader emphasized the importance of standing on the shoulders of those who fought for workers’ rights.

and finally, Amazon Workers’ Strike Success in Coventry Sparks Momentum for Recognition

In a significant victory for Amazon workers in Coventry, ongoing strikes have resulted in a 20% pay increase, marking a substantial win against the retail giant. The Coventry-based employees, represented by the GMB union, initiated strikes in January 2023, with membership growing steadily to over 1,100 members. Despite Amazon’s efforts to recruit additional workers to undermine the action, a surplus of employees has replaced the use of overtime, costing the company an estimated £500,000.

As the strikes gain momentum, discussions are underway about the future emphasis of the protests, both in Coventry and at the Minworth site near Birmingham. GMB representatives in Coventry are organizing to raise a collective grievance about issues ranging from inadequate canteen food to insufficient locker sizes for workers. Management’s response to damage or delays has often been to blame the workers, creating tension on the factory floor. Workers express concerns about constant monitoring, disciplinary measures, and the pressure to meet productivity thresholds.

The success of the strikes has prompted Amazon to offer seemingly positive benefits to workers, though critics argue that these are attempts to avoid recognizing the union. Despite these wins, workers continue to face challenges, including HR interventions and ongoing disciplinary actions. With a growing core of strike leaders in Coventry, the push for recognition gains strength, demonstrating that the union has the structures and capabilities to make recognition a reality. The Coventry Amazon workers’ story reflects a broader narrative of workers standing up against corporate giants for fair treatment and improved working conditions.

International Women’s Day: A Legacy of Struggle and Solidarity

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Solidarity wishes you all a Happy International Women’s Day!

Origins and Early Struggles

The seeds of International Women’s Day (IWD) were planted in 1908, when 15,000 women marched through the streets of New York City, demanding shorter working hours, better pay, and the right to vote. It was the Socialist Party of America that declared the first National Woman’s Day a year later.

The idea to make the day international came from a remarkable woman named Clara Zetkin. In 1910, during the International Conference of Working Women in Copenhagen, she proposed the concept. At the conference, 100 women from 17 countries unanimously agreed to her suggestion.

Global Celebration Begins

In 1911, International Women’s Day was first celebrated in Austria, Denmark, Germany, and Switzerland.

Official Recognition and UN Themes

In 1975, the United Nations officially began celebrating International Women’s Day. The first theme adopted by the UN in 1996 was “Celebrating the past, Planning for the Future.”

A Day of Reflection and Action

International Women’s Day serves as a date to celebrate how far women have come in society, politics, and economics. It also reminds us of the political roots of the day, where strikes and protests are organized to raise awareness of continued inequality. The date is March 8th.

Let’s delve into some key moments in the history of women fighting for their rights:

The Uprising of 30,000 Women Shirtwaist Makers (1908):
- On March 8, 1908, thousands of women garment workers marched through the streets of New York City, demanding shorter working hours, better pay, and the right to vote.
- This historic demonstration led to the formation of the first permanent trade unions for women workers in the USA.
- The courage and determination of these women laid the groundwork for future labor movements and women’s rights advocacy.
The Match Girls Strike (1888):
- In London’s East End, teenage girls and young women toiled in the Bryant & May matchmaking factory under appalling conditions.
- They faced long working hours, fines for minor infractions, and health risks due to white phosphorus exposure.
- Inspired by social reformer Annie Besant’s exposé, around 200 match workers went on strike in 1888.
- Their solidarity sparked sympathy strikes by 1,400 other East End workers.
- The strike resulted in improved pay, abolition of fines, and better working conditions.

In more modern times the Grunwick dispute of 1976 is an example of women fighting for their rights at work. In the hot summer of 1976, women workers from the Grunwick photo processing laboratory in London took a stand.

Most of the staff were migrants of South Asian origin, working low-paid factory jobs to support their families.
Jayaben Desai, a Grunwick worker, walked out and set up a picket line, demanding respect and fair treatment.
Joined by 137 other strikers, they formed a trade union and garnered massive support.
The Grunwick strike highlighted the intersection of gender, race, and labor rights.

Clara’s idea for an International Women’s Day had no fixed date initially. However, it gained formal recognition during a war-time strike in 1917 when Russian women demanded “bread and peace.” Four days into the women’s strike, the Tsar was forced to abdicate, and the provisional government granted women the right to vote.

The date of the women’s strike on the Julian calendar, which was then in use in Russia, was Sunday, February 23rd. In the Gregorian calendar, this corresponds to March 8th, the day we celebrate International Women’s Day today.

Solidarity’s Role

As members of Solidarity, we honour the legacy of those who fought for our rights. Let us continue to stand together, amplify women’s voices, and work toward a world where every woman’s contribution is recognized and valued.

Remember, solidarity knows no boundaries—it unites us across industries, borders, and generations. Happy International Women’s Day!

Supporting British Workers: The Case for a Buy British Campaign

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As the Easter season approaches, it’s essential for trade unionists in Britain to consider the impact of their purchasing decisions. The Buy British campaign encourages consumers to prioritize products made within the UK. Solidarity union has launched a ‘Shop Local and Buy British at Easter campaign’. In this article, we’ll explore why trade unionists should actively support this initiative and how it directly benefits British workers.

The Economic Landscape

Job Preservation: By choosing British-made goods, we contribute to the preservation of jobs within our own country. When factories and industries thrive, workers remain employed, and communities flourish. A robust manufacturing sector is vital for stable employment opportunities.
Quality Assurance: British products often adhere to stringent quality standards. When we buy British, we invest in well-crafted goods that stand the test of time. This commitment to quality benefits both consumers and workers.
Reducing Income Inequality: Supporting local businesses ensures that profits circulate within our economy. When workers receive fair wages, income inequality decreases. A thriving domestic market translates to better living standards for all.

Championing British Workers

Strengthening Industries: When we choose British goods, we bolster industries such as textiles, automotive manufacturing, and agriculture. These sectors employ thousands of workers across the nation. A thriving industry means job security and stability.
Environmental Impact: Buying locally reduces the carbon footprint associated with long-distance transportation. Supporting British products aligns with environmental consciousness, benefiting workers and the planet alike.
Community Resilience: Vibrant local economies rely on consumer support. By purchasing British, we contribute to community resilience. Our neighbourhoods thrive when businesses flourish.

Conclusion

Patrick Harrington, the general secretary of Solidarity, succinctly captures the essence of the Buy British campaign:

“Our union wholeheartedly backs the Buy British campaign. We recognize that our purchasing choices have real-world consequences. By supporting British-made products, we stand in solidarity with our fellow workers. We call on other unions to join us in this endeavour.”

As trade unionists, our choices matter. This Easter, let’s actively participate in the Buy British campaign. By doing so, we uplift British workers, strengthen our economy, and create a more equitable society. Patrick Harrington’s call to action resonates: Let’s unite in supporting British-made products and encourage other unions to follow suit.

Remember, when we choose to Buy British, we invest not only in products but also in the livelihoods of our fellow citizens.

Union News 2 March 2024

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Welcome to Union News, your guide to what’s happening in the trade union and labour movement in the UK. Reporting is by Pat Harrington and music is by Tim Bragg.

Union Coalition Fights Back Against Draconian Anti-Worker Law

A new battlefront has emerged in the fight to protect trade union rights against the Tory government’s assault. Led by Strike Map and the Campaign for Trade Union Freedom (CTUF), a coalition of campaign groups and unions has launched a nationwide campaign. Their mission: urging British councils to defy the oppressive Strikes (Minimum Service Levels) Act, which took effect this year.

The Strikes (Minimum Service Levels) Act grants employers unprecedented powers to weaken strike actions. By issuing “work notices,” employers can compel union members to break strikes or risk dismissal. Unions refusing compliance face asset sequestration, threatening their financial stability. Mick Whelan, general secretary of the train drivers’ union Aslef, condemns it as blatant union-busting, undermining workers’ fundamental right to strike.

The legislation identifies six sectors affected by Minimum Service Levels (MSL): healthcare, fire services, education, transport, nuclear decommissioning, and border security. The government claims it aims to minimize disruption in these “essential services.” However, the broad scope reveals a deeper motive: sabotaging workers’ right to industrial action.

Local councils employ thousands across these sectors. If MSL is implemented, it will hinder teachers, education support staff, municipal transport workers (especially tramway operators), and fire and rescue services from advocating for better pay and conditions. Unions demand that council leaders unequivocally reject work notices.

While Scotland and Wales have rejected MSL, the campaign now targets English councils. Union members are mobilizing to flood local leaders with demands for worker rights protection. The battle is on, and the unions stand firm in defense of workers’ dignity and autonomy.

George Galloway Triumphs in Rochdale By-Election: A Defiant Stand for Gaza

In a stunning victory, George Galloway secured the Rochdale by-election, claiming 40% of the vote and a commanding majority of nearly 6,000 over independent businessman David Tully. But this win is more than a political shift—it’s a resounding message from Rochdale’s Muslim community, expressing their outrage over Labour’s support for Israel’s actions in Gaza.

Galloway’s rallying cry to Sir Keir Starmer echoes across the political landscape: “This is for Gaza.” The catastrophe unfolding in occupied Palestine’s Gaza Strip has galvanized voters. The Strikes (Minimum Service Levels) Act, which grants employers powers to undermine strikes, has struck a chord. Galloway’s victory signals a seismic shift in parliamentary constituencies.

Labour, once the bedrock for loyal voters across generations, now faces a crisis of confidence. Keir Starmer and Rishi Sunak, two sides of the same coin, felt the sting of defeat. Remarkably, neither major party secured the top two spots—an almost unprecedented outcome.

Labour’s Azhar Ali, despite remaining on the ballot paper, suffered a spectacular fall. His 8% share of the vote represents a staggering 44% drop from Labour’s 2019 performance. Even accounting for circumstances, this decline underscores the party’s struggle to retain its base.

Galloway’s victory isn’t just about a single seat—it’s a spark that could ignite a movement. As the tectonic plates shift, the battle for workers’ rights, justice, and accountability gains momentum. Rochdale’s message reverberates: politicians must heed the call or face the consequences.

London Overground Workers Secure Pay Victory: RMT’s Triumph

In a resounding win, London Overground workers have accepted an improved pay offer from Arriva Rail London, prompting RMT General Secretary Mick Lynch to hail their “tremendous resolve.” The power of strong organization and the looming threat of strike action once again proved effective.

The victory includes a 6.5% increase in pay and allowances for all, or a minimum payment of £2,000 for those earning under £30,000 in 2023. Additionally, there’s an uplift based on February RPI 2024 or a minimum lump sum of £1,750 for salaries below £32,000 in 2024. Negotiations for a similar uplift in 2025 are set for next February.

This win isn’t just about money—it’s a testament to workers’ collective strength. Overwhelming support in an e-referendum led to the cancellation of planned strikes next Monday and Tuesday. The message is clear: organized action can yield results.

Transport for London expressed relief as industrial action scheduled for March 4 and 5 has been suspended by the RMT. The battle may be on pause, but the fight for fair wages and workers’ rights continues.

and finally, Eight Years After Didcot Boiler House Collapse: Families Demand Justice

Didcot, United Kingdom – On the sombre anniversary of the Didcot Boiler House collapse, Families Against Corporate Killers (FACK) raises urgent concerns about the prolonged investigation into the tragic incident that claimed the lives of four experienced demolition workers. Mick Collings, Chris Huxtable, Ken Cresswell, and John Shaw lost their lives on February 23, 2016, while preparing the boiler house for demolition at Didcot Power Station.

Eight years have passed since that fateful day, yet justice remains elusive. Despite extensive investigations by the Police, Health and Safety Executive (HSE), and Crown Prosecution Service (CPS), no conclusive findings have emerged. Hilda Palmer, FACK’s facilitator, expresses deep dismay that no decision on charges has been reached. The families fear they may face the same uncertainty on the 10th anniversary. Delayed justice not only compounds their grief but also leaves current demolition workers vulnerable to similar risks.

Mick Collings’ body was recovered immediately, but Chris, Ken, and John remained buried under tons of rubble for over six months. The precarious state of the remaining structure necessitated careful demolition before recovery efforts could begin. The violence of their deaths and the prolonged anguish inflicted upon their loved ones – partners, husbands, fathers – has left scars that time cannot heal.

FACK stands by the families of Chris Huxtable, Ken Cresswell, and John Shaw. Their unwavering commitment to uncovering the truth, understanding what went wrong, and honouring the lives lost is commendable. As the investigation continues, the world watches, hoping that justice will prevail and prevent such tragedies in the future.

Government Urged Not to Resurrect Fees for UK Employment Tribunals

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In a move that has sparked controversy, the UK government is considering the reintroduction of fees for employment tribunals. These fees, previously scrapped in 2017, are now being reconsidered, and unions and workers’ rights groups are voicing their concerns.

The Background:

Back in 2013, the government introduced fees for employment tribunals, ranging from £390 to £1,200 depending on the case. However, this fee regime faced significant backlash. The supreme court ruled that it hindered access to justice, violating both UK and EU law. Consequently, the government was forced to abandon these fees.

The Current Proposal:

Now, the government is consulting on bringing back employment tribunal fees. The proposed fees start at £55 per claim, with an additional appeal fee for each judgment, decision, direction, or order being appealed against. While the initial fee can cover claims on behalf of multiple individuals, the appeal process could still result in significant costs for claimants.

Unions and Workers’ Rights Groups React:

A coalition of 48 organizations, including the TUC, Citizens Advice, Joseph Rowntree Foundation, the Fawcett Society, and Maternity Action, has expressed strong opposition to the reintroduction of fees. They argue that:

Exploitation Concerns: Bringing back fees risks pricing many people out of workplace justice. It could deter individuals from lodging worthy claims and give a green light to bad employers to exploit their workers.
Undercutting Good Employers: By allowing fees, bad employers may undercut good ones, knowing they are less likely to face claims in the employment tribunal.
Enforcement of Employment Rights: The workers’ rights groups emphasize that employment rights are only real if they are enforced. Reintroducing fees could undermine workers’ ability to seek justice.

The groups opposing the fees said in a joint statement: “Workers seeking recovery of wage theft, unpaid redundancy pay and compensation for unfair dismissal are to be asked to stump up extra money at an incredibly tough moment in their lives.”

“Access to justice must never be contingent on your ability to pay.”

TUC general secretary Paul Nowak said: “All working people should be able to enforce their rights. But introducing fees for tribunals puts yet another hurdle in the way of those seeking justice at their most vulnerable moment.”

Government’s Stance:

The government contends that the proposed fees are proportionate and affordable, aligning with the supreme court judgment. It argues that users should contribute to the running costs of tribunals, similar to users of other courts and tribunals. Additionally, help will be available for those unable to afford the fee.

The consultation period runs until March 25, during which stakeholders can provide feedback. The government claims it aims to strike a balance between access to justice and financial sustainability for the tribunal system.

While the debate continues, the fate of employment tribunal fees hangs in the balance, affecting workers’ rights and the pursuit of justice in the workplace.

By Pat Harrington

Picture credit: Image by Daniel Bone from Pixabay

Discrimination Claims and TUPE: Understanding Liability Transfer

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In a recent ruling, the Employment Appeal Tribunal (EAT) clarified the transfer of liability for discrimination claims under the Transfer of Undertakings (Protection of Employment) Regulations (TUPE). Let’s delve into the details of this case:

Background

When a business undergoes a change of ownership or service provider, TUPE regulations come into play to safeguard employees. These regulations ensure that employees’ contracts of employment automatically transfer from the outgoing employer (transferor) to the new employer (transferee). However, not all employees necessarily transfer during such transitions.

The Case: Sean Pong Tyres Ltd v Moore

The claimant in this case alleged unfair dismissal, discrimination, and harassment against their employer.
The harassment claim specifically related to the conduct of a colleague, X, prior to the claimant’s resignation.
Following a subsequent TUPE transfer, X’s employment moved to a different company, Credential.
Importantly, the claimant’s employment did not transfer to Credential because they had already resigned due to the discrimination.
The claimant’s employer argued that Credential should be liable for the claims, given X’s transfer under TUPE.

EAT Decision

The EAT reached the following conclusions:

Timing Matters: The claimant resigned well before the TUPE transfer, and this decision was unrelated to the transfer itself. As a result, the claimant’s employment remained with the original employer.
Equality Act Claims: Discrimination and harassment claims fall under the Equality Act. The EAT distinguished this case from a non-binding County Court decision related to vicarious liability for negligence. Unlike vicarious liability, primary liability under the Equality Act is owed directly to the claimant employee.
Purpose of TUPE: The purpose of TUPE is to transfer rights and obligations connected to transferring employees. It does not extend to non-transferring employees like the claimant.

Key Takeaways

This case highlights how an employer’s liabilities may or may not transfer based on which employees are within the scope of a TUPE transfer.

In this instance, Credential did not inherit liability, and the claimant’s original employer remained responsible for the claims.

Summary by Pat Harrington

Union News 25 February 2024

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Welcome to Union News your guide to what’s happening in the trade union and labour movement in the UK. Reports are by Pat Harrington and music is by Tim Bragg. Please consider subscribing on your chosen platform.

RMT Anticipates Challenges with Labour at the Helm

During the RMT young members’ conference, Eddie Dempsey voiced concerns over the Labour Party’s reliability on fulfilling its promise to repeal the Strikes (Minimum Service Levels) law. He highlighted the importance of solidarity within the trade union movement and progressive elements within Labour to exert pressure for change. Dempsey also touched upon the future of rail services, suggesting a shift towards a centralized commissioning model similar to Transport for London, which could lead to significant changes in how rail services are managed and operated.

Strathclyde Campaigners Rally for Bus Service Overhaul

Nearly 10,000 citizens have made their voices heard through a petition to Strathclyde Passenger Transport, demanding a transformation of the bus system. The call for public control is driven by a coalition of trade unions, anti-poverty advocates, and environmentalists who argue that re-regulation, franchising, and public ownership would lead to more affordable and efficient bus services. This movement underscores the critical role of public transport in economic development and environmental sustainability.

STUC Demands Clearer Vision for National Care Service

The Scottish Trades Union Congress has expressed dissatisfaction with the SNP-Green coalition’s vague proposals for a National Care Service. The STUC is calling for a detailed plan that addresses the pressing issues facing Scotland’s care sector. The lack of specifics has raised alarm among stakeholders who are eager to see a robust and well-defined strategy that ensures the long-term viability and improvement of care services.

Museum Staff in Liverpool Strike Over Unpaid Covid Bonus

The staff at the National Museums of Liverpool, represented by the PCS union, have launched an eight-week strike action. The dispute centres around a Covid bonus that the government had promised but has yet to deliver. The workers are using picketing and public demonstrations to highlight the discrepancy between their treatment and that of the museum’s executives, arguing for fair compensation and recognition of their contributions to the cultural sector.

Welsh Junior Doctors Stand Up Against Pay Erosion

Junior doctors have taken a decisive step by initiating a 72-hour strike to voice their concerns over longstanding pay erosion. These dedicated healthcare professionals, who form a crucial part of the National Health Service (NHS), are demanding fair compensation for their tireless work. Their dissatisfaction stems from the fact that their salaries have been gradually eroded over the years, leaving them financially strained.

The British Medical Association (BMA) union, representing junior doctors, has firmly rejected the Welsh government’s offer of a 5 percent pay rise. Instead, they are advocating for a more substantial change—a restoration of salaries to match inflation rates since 2008. This demand reflects their commitment to ensuring that their compensation keeps pace with the rising cost of living and economic realities.

The strike has garnered significant attention and support. On the front lines, picket lines have been established in key areas, where junior doctors stand united in their cause. These picket lines serve as a visible symbol of their determination to bring about meaningful change. Their colleagues, patients, and the public at large have rallied behind them, recognizing the importance of fair pay for those who dedicate their lives to healing others.

Beyond the immediate impact, the junior doctors’ stance is part of a larger conversation about fair compensation within the NHS. Healthcare professionals play a critical role in maintaining the well-being of communities, and their remuneration directly affects the quality of healthcare delivery. As discussions continue, policymakers must consider the long-term implications of pay policies and prioritize the well-being of both patients and those who care for them

and finally, New Code to Tackle ‘Fire and Rehire’ Practices Amidst Worker Rights Debate

The UK Government has introduced a draft code of practice aimed at addressing the controversial ‘fire and rehire’ tactics used by some employers. This new statutory code promises to empower employment tribunals with the ability to increase employee compensation by up to 25 percent if employers fail to adhere to the code’s guidelines. The move is seen as a balance between protecting workers’ rights and maintaining business flexibility.

Business Minister Kevin Hollinrake championed the code, stating, “Our new Code will crack down on employers mistreating employees and sets out how they should behave when changing an employee’s contract. This announcement shows we are taking action to tackle fire and re-hire practices by balancing protections for workers with business flexibility.”

The code outlines clear expectations for employers, emphasizing the need for proper consultation with employees and fair treatment during contract changes. It also discourages the use of dismissal threats as a pressure tactic to force acceptance of new terms.

Susan Clews, Chief Executive of Acas, highlighted the risks associated with ‘fire and rehire,’ noting that it “can seriously damage working relations and has significant legal risks for organisations.” She advised employers to seek Acas’s impartial advice before considering such drastic measures.

Supporting the code, Alexandra Hall-Chen from the Institute of Directors and Ben Willmott from CIPD praised its clarity and emphasis on good industrial relations. They underscored the importance of early and meaningful consultation with employees to find mutually agreeable solutions.

However, the response from unions has been one of scepticism. TUC General Secretary Paul Nowak criticized the code for lacking the necessary strength to deter unscrupulous employers. “This code lacks bite and is not going to deter bad employers, like P&O, from treating staff like disposable labour,” he remarked, calling for more robust legislation.

The introduction of the code follows a TUC poll revealing that one in ten workers faced ‘fire and rehire’ threats during the peak of the Covid-19 pandemic, underscoring the urgency for reform in employment practices. As the debate continues, the effectiveness of the new code in curbing the contentious ‘fire and rehire’ practice remains to be seen.

Over 500 Companies Named for Failing to Pay Minimum Wage

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In a significant move by the UK government, 524 businesses have been publicly named and shamed for failing to pay their workers the National Minimum Wage (NMW). This action underscores the government’s commitment to enforcing fair pay and comes ahead of a substantial increase in the National Living Wage.

Key Points:

524 businesses named for underpaying nearly £16 million to workers.
Over 172,000 workers affected by the underpayment.
The announcement aligns with the upcoming 9.8% increase in the National Living Wage to £11.44 per hour starting April 1, 2024.

Government’s Stance: The government has taken a firm stance against underpayment, ensuring that all workers receive what they are legally owed. Minister Kevin Hollinrake emphasized that while most businesses comply with wage laws, those that don’t will face consequences. The government’s approach is not only punitive but also educational, aiming to prevent future underpayments through increased awareness and guidance.

Impact on Workers and Businesses: The underpayment of wages not only affects the livelihood of workers but also distorts fair competition among businesses. By naming the offenders, the government aims to deter non-compliance and promote a level playing field for all businesses.

Looking Forward: As the cost of living continues to rise, the government’s enforcement of wage laws is more crucial than ever.

A list of the shamed companies can be found here.

Not being paid the minimum wage?

If you suspect that you’re not being paid the National Minimum Wage (NMW) in the United Kingdom, there are steps you can take to address the issue:

Informal Resolution:
- Talk to Your Employer: Initiate an informal conversation with your employer. Discuss your concerns about not receiving the correct minimum wage. You can:
  - Use the National Minimum Wage and Living Wage calculator on the GOV.UK website.
  - Review your payslips and employment contract to verify your pay.
- Raise a Grievance: If informal discussions don’t resolve the problem, consider raising a formal complaint (grievance) with your employer. This can help resolve the issue without legal action.
Formal Processes:
- Complain to HM Revenue and Customs (HMRC):
  - You can make a complaint to HMRC if you believe your employer is not paying the correct minimum wage. Complaints can be anonymous, and third parties (such as friends, family members, or coworkers) can also report non-compliance.
  - HMRC can take various actions against the employer, including issuing notices to pay backdated amounts, imposing fines, and even pursuing legal proceedings.
  - To make a complaint to HMRC, use the pay and work rights complaints form on GOV.UK.
- Employment Tribunal Claim:
  - Alternatively, you can make a claim to an employment tribunal. Choose either this route or the HMRC complaint; you cannot pursue both simultaneously.
  - The amount you can claim depends on the type of claim. For non-payment of minimum wage, you can claim for money owed going back up to 2 years.
  - Remember that there are strict time limits for making a claim to an employment tribunal:
    - If there was a single incorrect deduction, you have 3 months minus 1 day from that deduction.
    - If there were several consecutive incorrect deductions, you have 3 months minus 1 day from the most recent one.
Seek Advice:
- If you have questions or need assistance, contact the Acas helpline for free and confidential advice or contact Solidarity if you are a member.
- Additionally, you can explore resources such as the Check Your Pay campaign for further guidance.

Remember that you have rights, and employers must comply with NMW regulations. Reporting non-compliance helps ensure fair treatment for all workers

Union News 18 February 2024

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Welcome to Union News featuring reports from the labour and trade union movement in the UK. Writing is by Pat Harrington and music is by Tim Bragg

Junior doctors to strike for five days in England and seven days in Wales over pay dispute

Junior doctors in England are set for a fresh strike over five days this month, and those in Wales are preparing for their own extended action. The English stoppage follows a six-day strike by junior doctors in the BMA union last month—the longest in the health service’s 76-year history.

The tenth round of junior doctors’ strike in England is set to take place from 7am on Saturday 24 February to 11.59pm on Wednesday 28 February. BMA consultant members voted to reject a new government pay offer last month, raising the possibility of further strikes by consultants and junior doctors again.

The BMA said the Tory offer in England of a 3 percent pay increase, on top of a roughly 9 percent rise already offered, was not “credible”. It said it did not address 15 years of inflation-linked pay erosion. The BMA junior doctors’ committee is also balloting for a further six-month strike mandate.

Dr Robert Laurenson and Dr Vivek Trivedi, co-chairs of the BMA junior doctors’ committee, said the “glacial speed” of progress in dealings with ministers was “frustrating and incomprehensible”. Health secretary Victoria Atkins had made clear that she had a further offer to make, they said. It took more than 20 days for a meeting with a minister to be offered, only then to tell them “there was no offer on the table”.

In Wales the Labour government offered junior doctors just a 5 percent increase— lower than the amount recommended by an independent review body. Junior doctors in Wales are set to walk out for three days from 7am on Wednesday next week and for four days from 7am on Monday 25 March.

Delivery workers strike on Valentine’s Day for fair pay and dignity

Delivery riders and drivers in London joined their counterparts in the US and Ireland in a strike on Wednesday evening. They were angry about low pay, harsh conditions and police harassment. They chose to strike for five hours on one of the busiest nights for food deliveries—Valentine’s Day.

Workers from Uber Eats, Deliveroo and Just Eat took action across the capital. They set up strong picket lines outside dark kitchens—takeaway-only restaurants—in Tower Hamlets and Hackney. They persuaded some workers who were trying to make deliveries to join them. They also clamped up the bikes of those who refused to stop working.

The strikers were mostly migrant workers, many of them from Brazil. They said they had to work long hours every day to make enough money. They complained about the low pay per order, which sometimes was as little as 80p. They also said they suffered from fatigue, back pain and rent arrears.

The workers took their protest to the home of Deliveroo co-founder and CEO Will Shu. They also rode around parliament and blocked Westminster Bridge. They demanded better pay and respect from the companies and the authorities.

In Dublin, workers gathered at the Spire on O’Connell Street to make the same demands. In the US, thousands of workers for Uber, Lyft and other apps also went on strike. They said they were tired of the exploitation.

The strikes were organised from the bottom up by the workers themselves. They should inspire all workers who are fighting for higher pay. They showed that workers can send a powerful message to the bosses with more action.

Steelworkers rally in Port Talbot to save blast furnaces and jobs

Hundreds of steelworkers from south Wales will hold a rally in Port Talbot on Saturday to demand that Tata Steel UK stops its plans to close down two blast furnaces at the site. The union Unite said the closure would destroy jobs, reduce capacity, damage the community and put the national security at risk.

Unite general secretary Sharon Graham, who will speak at the rally along with representatives from Community and GMB, said the town of Port Talbot, which depends on steel, needed to be heard. She said Unite had a £12 billion plan to revive British steelmaking over 12 years and was considering industrial action to stop Tata’s plans.

Tata Steel UK announced last month that it would shut down the blast furnaces as part of its £1.25bn four-year plan to build electric arc furnaces (EAFs) at the site. The company said it had secured a £500 million government support for the plan, which would save 200 jobs and create some temporary ones. However, the plan would also result in the loss of 2,800 jobs and reduce the steel output by half.

The rally will take place at the Civic Centre Square in Port Talbot and will be attended by local politicians and union representatives. A separate plan by Community and GMB, which has the support of industry experts, the Labour Party and members of the Senedd, will also be presented. The plan calls for keeping the blast furnaces open and investing in green steel technology.

Aberavon MP Stephen Kinnock, who will also speak at the rally, said Tata should not rush into a decision that would have irreversible and damaging consequences for the steel industry and the region. He said the workers and the community deserved a better future.

Asda workers vote to strike over ‘toxic’ conditions and cuts

Workers at three more Asda stores are set to join the strike action against the retail giant over its “toxic” working environment. The GMB union accused the owners of Asda, the billionaire Issa brothers and TDR Capital, of “asset-stripping” the company and cutting staff hours and pay.

The union said nearly 400 workers at the Wisbech, Brighton Hollingbury, and Brighton Marina stores will vote on whether to take industrial action until March 5. They are unhappy with the poor health and safety, inadequate training, lack of collective bargaining and failure to resolve equal pay issues at Asda.

The strike action follows the first-ever walkout by Asda workers in Gosport earlier this month. The GMB national officer Nadine Houghton said the strike was a result of the “continuing asset-stripping of Asda at pace”. She said the company had cut an estimated eight million hours from the shop floor in the past two years, reducing staff costs by tens of millions of pounds.

An Asda spokesman said the company had processes in place for the union to raise concerns and was waiting for specific details over the alleged issues. He said the company was committed to providing a safe and rewarding working environment for its staff.

and finally, George Galloway hopes to shake up politics with Rochdale by-election victory

George Galloway, the leader of the Workers Party of Britain, is hoping to pull off a political upset in the Rochdale by-election on February 29. The former Labour MP, who has been campaigning on the issue of Gaza and criticising Keir Starmer’s leadership, is the bookies’ favourite to win the seat.

The by-election was triggered by the death of veteran Labour MP Tony Lloyd, who had a majority of 9,668 in the 2019 general election. However, Labour’s chances of retaining the seat have been damaged by the suspension of its candidate, Azhar Ali, over alleged antisemitic remarks.

Galloway, who has previously won two seats from Labour as a Respect party candidate, has been appealing to the large Muslim population in Rochdale, which makes up about 20 percent of the electorate and 30 percent of the population. He has also been using social media and his online talkshow to mobilise his supporters.

Galloway said he was offering an alternative to the “failed” mainstream parties, which he accused of neglecting the working class and the north of England. He said he wanted to revive the spirit of the Rochdale pioneers, who founded the co-operative movement in the 19th century.

Galloway faces competition from the Conservative candidate, James Daly, who is the leader of the opposition on Bury council, and the Liberal Democrat candidate, Andy Kelly, who is a Rochdale councillor. The Green party, Reform UK, and the Social Democratic party are also fielding candidates.

The result of the by-election could have significant implications for the future of British politics, as it could signal a shift in the loyalty of traditional Labour voters and the emergence of a new force on the left. Galloway said he was confident of winning and making history in Rochdale.

Picture credit:
Port Talbot Blast Furnace #5 By Grubb at English Wikipedia – Transferred from en.wikipedia to Commons., Public Domain, https://commons.wikimedia.org/w/index.php?curid=20431866

ASDA By Oxfordmale – Own work, CC BY-SA 4.0, https://commons.wikimedia.org/w/index.php?curid=136449577

George Galloway By David Hunt from Warwickshire, UK – Stop The War – 09 – George Galloway, CC BY 2.0, https://commons.wikimedia.org/w/index.php?curid=144593400

Deep Dive: Australian Government Sides With The Workers

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Lessons should be learned by the UK from changes in Employment Law in Australia

The Fair Work Legislation Amendment (Closing Loopholes) Bill 2024 (Cth) is a bill that aims to improve the rights and conditions of workers in Australia by closing some of the loopholes that allow employers to undercut minimum standards and exploit workers. The bill was introduced by the Labor government and passed by the parliament with the support of the Greens and some crossbenchers. The bill includes the following key reforms:

A new definition of casual employee that is based on the offer and acceptance of employment, rather than the actual pattern of work. This will prevent employers from misclassifying permanent employees as casuals and avoid paying them entitlements such as annual leave, sick leave and redundancy pay. The bill also introduces a new employee choice pathway for eligible casual employees to request and obtain permanent employment if they wish to do so, after working for the same employer for at least 12 months and having a regular pattern of work for at least 6 months.
A new power for the Fair Work Commission (FWC) to make orders protecting bargained wages in enterprise agreements from being undercut by the use of labour hire workers who are paid less than those minimum rates. This is also known as the ‘same job same pay’ principle. The FWC will be able to make such orders if it is satisfied that the use of labour hire workers has a significant adverse impact on the bargaining power of employees covered by the enterprise agreement, or on the quality or safety of the work performed.
An increase in the maximum penalties for underpayments by amending the civil penalties and serious civil contravention frameworks, and adjusting the threshold for what will constitute a serious contravention. The bill will increase the maximum civil penalty for underpayments from $66,600 to $133,200 for individuals, and from $333,000 to $666,000 for corporations. The bill will also lower the threshold for a serious contravention from ‘deliberate’ to ‘intentional’ conduct, and increase the maximum penalty for a serious contravention from $666,000 to $1,332,000 for individuals, and from $3,330,000 to $6,660,000 for corporations.
A new criminal offence for wage theft, which applies to intentional conduct that results in an employee being deprived of their entitlements under the Act or a fair work instrument. The bill will make wage theft punishable by up to 10 years imprisonment, or a fine of up to $1,332,000 for individuals, or both; and a fine of up to $6,660,000 for corporations.
A reversal of the impact of recent High Court decisions narrowing the meaning of employee by defining the meanings of ‘employee’ and ‘employer’ for the purposes of the Act which require a consideration of the ‘real substance, practical reality and true nature’ of the relationship. This will ensure that workers who are in fact employees are not excluded from the protections and benefits of the Act by being labelled as independent contractors, volunteers, interns or other non-employee categories.
A new power for the FWC to set fair minimum standards for ‘employee-like’ workers, including those working in the gig economy and the road transport industry. The bill will allow individuals and organisations to apply to the FWC for orders for minimum standards in the gig economy, including on pay, penalty rates, superannuation, payment terms, record-keeping, insurance and deactivation. Deactivation is the process of removing a gig economy worker from an app, ending their ability to earn income despite claims workers are ‘independent’ of the platform. The reforms are limited to digital platform workers who have low bargaining power, low authority over their work or receive pay at or below the rates of comparable employees.
A new power for the FWC to deal with disputes about unfair terms in services contracts to which an independent contractor is a party. The bill will allow independent contractors to apply to the FWC for a review of a services contract if they believe it contains unfair terms, such as terms that are harsh, oppressive, unconscionable, unjust or unreasonable. The FWC will be able to make orders varying, setting aside or declaring void any unfair terms in the contract.
A new offence of industrial manslaughter in the Work Health and Safety Act 2011 (Cth). The bill will make it an offence for a person conducting a business or undertaking, or an officer of such a person, to engage in conduct that causes the death of a worker, and is negligent about causing the death of the worker. The bill will make industrial manslaughter punishable by up to 20 years imprisonment, or a fine of up to $10,000,000, or both.

The bill is expected to come into effect on 1 July 2024, subject to some transitional and commencement provisions. The bill has been welcomed by unions, workers’ rights advocates and some business groups as a positive step towards creating a fairer and more secure workplace system in Australia. However, the bill has also been criticised by some employer groups, legal experts and opposition parties as being too complex, costly and burdensome for businesses, and potentially creating more uncertainty and litigation in the labour market.

Australian Congress of Trade Unions (ACTU) secretary Sally McManus said the changes were a great win for workers. “Not only will casual and gig workers have more rights, protections, and choices, but all workers can look forward to a better working life.”

The UK and Australia have some similarities in their labour markets, such as a high proportion of service sector jobs, a relatively flexible employment system, and a common law tradition. They also face some common issues, such as the rise of the gig economy, the impact of automation and digitalisation, and the need to balance the interests of workers and employers.

Some of the potential benefits of the Australian reforms include:

Providing more clarity and certainty for workers and employers about their rights and obligations, especially in relation to casual work, labour hire, and gig work.
Enhancing the protection and enforcement of workers’ rights, especially for vulnerable and low-paid workers, by increasing the penalties for underpayments and wage theft, and creating a new criminal offence for industrial manslaughter.
Promoting fair and decent work, by ensuring that workers have access to minimum standards and entitlements, such as annual leave, sick leave, and superannuation, regardless of their employment status or contract type.
Encouraging a more balanced and productive industrial relations system, by preventing the undercutting of bargained wages, empowering the Fair Work Commission to set fair minimum standards, and allowing independent contractors to challenge unfair terms in their contracts.

Here in the UK we should consider the changes in Australia and the desirability of introducing similar measures here.

By Pat Harrington

Picture Credit