new bill to outlaw fire and rehire

Fire and rehire is when bad bosses threaten workers with the sack and are told they will only be re-employed to do the same basic job if they accept less money and poorer conditions.

Even the government agrees that fire and rehire tactics are wrong but have refused to outlaw them. Jacob Rees-Mogg has described fire and rehire as “wrong” and a “bad practice” while Business Minister, Paul Scully, has branded it as “bully-boy tactics”.

Barry Gardiner is the MP for Brent North. He has introduced a Private Members Bill to outlaw it. Barry launched his campaign at Jacob Douwe Egberts in Banbury. As he pointed out in an article for the influential Insititute of Employment Rights:

“Coffee consumption was up 40% during the lockdown and Jacobs Douwe Egbert made record profits, but that didn’t stop them threatening their workforce in Banbury with the sack unless they accepted a cut in wages of up to £12,000. No family should have to put up with that. I met hundreds of workers who told me what that loss of earnings meant for them: How do you pay your rent or your mortgage with a cut like that? How do you support your family? Every pound cut is a pound less to pay your rent, to pay your mortgage and the fear of eviction or repossession is very real.“

The Bill proposed by Barry has already attracted support from over 100 MPs from every single party in the House of Commons – including a growing number of Conservative MPs. Patrick Harrington, general secretary of Solidarity union, declared: “Barry Gardiners Bill should have the support of every honest working man and woman in our country. He is 100 percent right that legislation, not just fine words, is needed to stop this disgraceful tactic.”

“STOP STEALING OUR TIPS!”

When you give a tip in a restaurant it may not all be going to the worker as you intend. Instead, the company may be taking a hefty chunk of it.

Pizza Express, for example, recently decided to increase from 30 percent to 50 percent the amount that is deducted from the tips received by waiting staff.

The government had promised to address this problem. They first promised to introduce fair tips legislation in 2018 and the measure was included in the 2019 Queen’s Speech but no bill was introduced.

The lack of fair tips legislation, combined with the pandemic has created a huge fall in earnings for waiting staff.

One union, Unite, has written to the secretary of state for business Kwasi Kwarteng, stating the disappointment of hospitality workers that the government has failed to introduce legislation to introduce fair tips nor has it introduced “a code of practice to ensure fairness, transparency and genuine consultation on the allocation and management of tips”.

In its letter, Unite warns that as the hospitality sector opens up, experienced workers are increasingly reluctant to return due to low pay which is made worse by tips deductions. The letter says: “employers are again interfering with tips allocation and distribution, resulting in substantial cuts in amounts received. This combined with the acceleration of cashless pay and home deliveries has created a perfect storm which has effectively wiped out the value of the 2020 and 2021 uplifts in the national living wage and the national minimum wage.”

Unite officer for hospitality Dave Turnbull said: “A successful hospitality sector is essential for the recovery of the UK economy, but its return to health will be stifled by severe staff shortages until workers are paid fairly and properly. The Conservative government has continued to promise to introduce fair tips legislation and has equally failed to deliver on its warm words.

“Hospitality workers can’t wait for promises on the never, never, they need action on tips now. When legislation is finally introduced it is essential that it is free of loopholes and action is taken to curtail the unethical use of troncs which unscrupulous employers use to divert tips away from waiting staff.”

Patrick Harrington, General Secretary of Solidarity, supported Unite saying: “As someone who benefited from tips when I worked in catering first as an agency waiter when a student and between jobs and second as a Restaurant Manager on the Railways when younger I know how important tips can be. When I give a tip I want to know that the worker who I want to reward for good customer service gets it. I support hospitality and catering workers when they say ‘stop stealing our tips!’.“

FINANCIAL STATEMENT TO MEMBERS FOR 2020

Statement to members for period ended December 31 2020

as required by section 32a of trade union and labour relations (consolidation) act 1992

Income and Expenditure

The total income of the union for the period was £19,053. This amount included payments of £16,284 in respect of membership income of the union. The union’s total expenditure for the period was £19,130.

Political Fund

Solidarity union does not have a political fund.

General Secretary Salary and Other benefits

The General Secretary of the union was paid £8129 in respect of salary and £2070 in respect of benefits (a bonus of £530 and pension contributions of £1540).

Irregularity statement

A member who is concerned that some irregularity may be occurring, or have occurred, in the conduct of the financial affairs of the union may take steps with a view to investigating further, obtaining clarification and, if necessary, securing regularisation of that conduct.

The member may raise any such concern with such one or more of the following as it seems appropriate to raise it with: the officials of the union, the trustees of the property of the union, the auditor or auditors of the union, the Certification Officer (who is an independent officer appointed by the Secretary of State) and the police.

Where a member believes that the financial affairs of the union have been or are being conducted in breach of the law or in breach of the rules of the union and contemplates bringing civil proceedings against the union or responsible officials or trustees, he should consider obtaining independent legal advice.

Auditor’s report

We have audited the financial statements of the SOLIDARITY (the ‘Union’) for the year
ended 31 December 2020 which comprise the Statement of Comprehensive Income,
Statement of Financial Position, Cash Flow Statement and notes to the financial statements,
including a summary of significant accounting policies. The financial reporting framework
that has been applied in their preparation is applicable law and United Kingdom
Accounting Standards, including FRS 102 “The Financial Reporting Standard applicable
in the UK and Republic of Ireland” (United Kingdom Generally Accepted Accounting
Practice). In our opinion, the financial statements:

• give a true and fair view of the state of the Union’s affairs as at 31 December 2020 and of
its result for the year then ended;
• have been properly prepared in accordance with United Kingdom Generally Accepted
Accounting Practice; and
• have been prepared in accordance with the requirements of the Trade Union and Labour
Relations (Consolidation) Act 1992.

Basis for opinion

We conducted our audit inaccordance with International Standards on Auditing (UK) (ISAs (UK)) and applicable law. Our responsibilities under those standards are further described in the Auditor’s responsibilities for the audit of the financial statements section of our report. We are
independent of the Union in accordance with the ethical requirements that are relevant to
our audit of the financial statements in the UK, including the FRC’s Ethical Standard, and
we have fulfilled our ethical responsibilities in accordance with these requirements. We
believe that the audit evidence we have obtained is sufficient and appropriate to provide a
basis for our audit opinion. Conclusions relating to going concern We have nothing to
report in respect of the following matters in which the ISAs (UK) require us to report to
you where:

• the Executive Committee’s use of the going concern basis of accounting in the preparation
of the financial statements is not appropriate, or
• the Executive Committee has not disclosed in the financial statements any identified
material uncertainties that may cast significant doubt about the Union’s ability to continue
to adopt the going concern basis of accounting for a period of at least twelve months from
the date when the financial statements are authorised for issue.

Other information

The Executive Committee is responsible for the other information. The other information
comprises the information included in the Report of the National Treasurer, other than the
financial statements and our auditor’s report thereon. Our opinion on the financial
statements does not cover the other information and, except to the extent otherwise
explicitly stated in our report, we do not express any form of assurance conclusion thereon.
In connection with our audit of the financial statements and matters on which we are
required to report by exception in light of the knowledge and understanding of the Union
and its environment obtained in the course of the audit, we have not identified material
misstatements in the financial report.

We have nothing to report in respect of the following matters where the Trade Union and Labour Relations (Consolidation) Act 1992 requires us to report to you if, in our opinion:

adequate accounting records have not been kept, or returns adequate for our audit have
not been received from branches not visited by us; or
the financial statements are not in agreement with the accounting records and returns; or
we have not received all the information and explanations we require for our audit.

Mano Butani
AMASS BTC
293 OLD CHURCH ROAD
COVENTRY
CV6 7DT

STRIKE TO OPPOSE FIRE AND RE-HIRE

Workers who make cosmetics and pharmaceuticals sold by Boots are to strike against “fire and rehire” policies.

Manufacturer BCM Fareva, based in Nottingham, supplies products to the health and beauty retailer and other outlets.

Retail and distribution union Usdaw says BCM has threatened to “fire and rehire” its staff to cut pay and worsen conditions — a tactic being used by dozens of employers across Britain and affecting two million workers, according to the TUC.

The BCM workers will strike for 24 hours on Thursday, July 22.

Usdaw national officer Daniel Adams said: “The proposal to drastically cut sick pay and other terms and conditions for these key workers, who have given their all through the coronavirus pandemic, is totally unacceptable.

“The company is now in the process of threatening to ‘fire and rehire’ staff unless they accept these dramatic cuts.

“Our members have been left with little choice other than industrial action.”

NHS: The George cross is not enough

The Queen has given the NHS a collective medal for bravery and service. They were awarded the George Cross. The George Cross is the highest award bestowed by the Queen for non-operational gallantry or gallantry, not in the presence of an enemy.

That doesn’t make up for putting yourself and your loved ones at risk of deadly infection for more than a year.

Giving NHS workers that recognition is important and right but it doesn’t pay the bills. Despite all workers’ sacrifices, and the urgent need to attract new staff, the government plans to offer them yet another below-inflation pay rise.

NHS staff were supposed to get a rise in April but workers are still waiting to see what increase the independent pay review body will recommend.

**This meme sums up the feeling of NHS workers who are praised to high heaven but underpaid**

UNISON is calling on Prime Minister Boris Johnson to deliver a swift rise to give the NHS the boost it needs after 16 months fighting Covid-19.

UNISON Eastern head of health Sasha Savage said: “NHS staff have given their all over the past year and a half but haven’t had any increase in pay for almost the entire pandemic.

“We’ve all seen the gratitude the public has shown to the NHS and its staff through Covid, but it’s time for ministers to move beyond empty rhetoric and give staff a proper pay rise. “

Pat Harrington, general secretary of Solidarity union commented: “Let’s all get behind the UNISON campaign for fair wages for NHS staff. Sign their petition here and spread the word“.

NEWS AND VIEWS FROM OUR GENERAL SECRETARY

BUT WHO WILL BE SUBSIDISED?

In what was hailed as “the most important bit of post-Brexit legislation yet” in a government statement to the BBC The Subsidy Control Bill has been published.

The government say it will “create a new system for subsidies that can enable key domestic priorities, such as levelling up economic growth across the UK and driving our green industrial revolution“.

It will replace the state aid rules that applied when Britain was part of the European Union (EU). Those rules require EU member states to seek approval for government assistance to firms so that there is a “level playing field” for capitalist competition.

In practice, this means a corrupt EU-wide system of favours and deals. National governments are allowed to subsidise some corporations in their own country so long as they support similar moves in other countries.

British governments often used the EU regulations as an excuse for not nationalising industries to protect jobs and workers’ wages. They said such moves would be blocked as “unfair competition”.

In 2019, for example, the Tories argued they could not nationalise British Steel because of the rules.

On the face of it good news for British workers. So why am I not celebrating? I just have no confidence that instead of moving to a more self-sufficient and participatory economy it will just mean more cash for the bosses that the Tories favour.

I fear that their multibillion awards to their cronies during the pandemic will now just happen on a much larger and sleazier level.

FIRE AND REHIRE – ACAS PAPER PUBLISHED

Acas has published a paper on the use of fire and re-hire practices, following a fact-finding exercise commissioned by BEIS but the government is not expected to legislate.

The Parliamentary Under-Secretary of State for BEIS, Paul Scully has stated in parliament that ‘It is unacceptable and, frankly, immoral to use the threat of fire and rehire as a negotiating tactic to force through changes to people’s employment contracts, or for employers to turn to dismissal and rehiring too hastily, rather than continue to engage in meaningful negotiations.“

As to the way forward, Mr. Scully states:

“However, having carefully considered the report, the Government want to send a clear message to employers: even if your business is facing acute challenges, all other options to save jobs and a business should be exhausted before considering the dismissal and re-engagement of staff. I believe that we can achieve this working in partnership with businesses and workers, without heavy-handed legislation.“

In contrast, I believe that only legislation will stop the practice of fire and re-hire.

Patrick Harrington

NOT IN A UNION BUT IN NEED OF HELP?

Do you need help at a grievance meeting? Are you facing a Disciplinary hearing? Not in a union? Solidarity union can still help. We offer an affordable fixed fee to provide representation to non-members who have a problem. Email us at solidaritygb@aol.com so we can start to help.

Solidarity: It’s good to have a union on your side

Whatever you’re going through at work – we can help. Joining our union is your insurance against bad treatment from bosses. Our Reps are trained to represent your interests. Right from the start you will get guidance and support and after a short probationary period you will get full representation.

Our membership is affordable at only £8 a month. Join here

If you have an existing problem and need help now see Help for non-members.

Increase statutory Sick Pay

Our union has long argued that the government must increase self-isolation support to ensure the success of the vaccine rollout but it isn’t just us saying it. Two think tanks, the Nuffield Trust and Resolution Foundation have also recently spoken out.

Researchers warned that boosting compliance with self-isolation rules is critical to resist the threats posed by new variants of coronavirus and rising cases as restrictions continue to ease.The two think tanks proposed a modified version of the Job Retention Scheme that would allow employers to apply for capped grants to cover the lost wages of any employee needing to self-isolate.Self-employed workers should be able to access similar levels of support through the Self-Employment Income Support Scheme, the report adds.

The proposal would cost the government £39 million a month if it were to cover 100 percent of wages capped at an equivalent of £2,500 a month, equal to the cap within the current furlough scheme. This cost would be equivalent to roughly 3 percent of the government’s budget for the NHS test-and-trace system. Nuffield Trust senior fellow Sarah Reed said that support for people self-isolating has been a “blind spot” in the government’s response to the pandemic. She warned that there were risks ahead as case numbers were expected to rise with further easing of lockdown restrictions.

Resolution Foundation chief economist Mike Brewer said: “The UK’s failure to financially support workers who need to self-isolate has severely hampered efforts to curb the spread of the virus.”Our union believes that ignoring calls for sick pay at an adequate level risks all the good work in bringing the virus under control. Time for a change.

unionise amazon

Jeff Bezos, the founder of Amazon, is now ranked the world’s richest man. But Amazon stops any attempts by workers to gain a collective voice of their own. It has failed to sign either the United Nations Global Compact or the Ethical Trading Initiative – bodies that recognise the right of all workers to a collective voice and which are signed up to by most of the biggest names on the high street.

In the United States (US) Amazon fought tooth and nail against workers in Bessemer, Alabama, who wanted to form a union. They won that battle and defeated the landmark union drive that would have established the company’s first US union. Amazon, however, has not won the war. That high-profile US fight will increase support for broader change.

Here in the UK Unite, Britain’s leading union has run a major newspaper and digital advertising campaign to alert Amazon workers about a confidential whistle-blowing hotline that has opened in the UK & Ireland.Amazon workers can blow the whistle and expose poor treatment free from reprisals by calling 08000 14 14 61 in the UK or 1800 851 268 for the Republic of Ireland or by visiting https://actiononamazon.org/hotline/.

Unions are demanding a ‘new deal’ for Amazon workers, including a union and a greater share of the firm’s enormous profits. Against a backdrop of reports about poor working conditions, Amazon workers have been essential during the Covid crisis. The company increased its permanent workforce by one-third (10,000) in 2020 as well as taking on 20,000 additional seasonal staff. The company almost doubled its profit in 2020 compared to 2019. Unite executive officer Sharon Graham said: “Amazon attacks all attempts by workers to gain a collective voice of their own. This is why Unite is launching ‘Action on Amazon’ to give Amazon workers a voice, so they don’t have to rely on whistle-blowing or calling confidential hotlines.“Jeff Bezos has become the world’s richest man off the backs of workers who have played a crucial part in so many people’s lives during the pandemic.

It is prime time Amazon gave workers the right to be in a union and to do so without interference, bullying, and intimidation.”Patrick Harrington, General Secretary of Solidarity union said: “Amazon is part of the life of many people and provides consumers with good service. The story on their workers, however, is not so positive. Amazon needs to stop its union-busting tactics and give its workers respect and a decent share of profits. If they don’t they will lose public goodwill and may face consumer boycotts along with other opposition. Time to unionise and change Amazon!”

Please sign the Amazon petition here: https://actiononamazon.org/sign-our-petition/