Thursday 29 September 2011

National Poetry Day

It's National Poetry day next Thursday October 5th. The theme is games. If any of my members can make a contribution which they'd like displayed on this blog then email them to lroy@cwu.org.

I'm Tweeting

I'm now on Twitter . You can follow me by clicking on the link on the right.

New minimum wage rates from October 1st

The minimum wage increases from this Saturday October 1st. The rates are as follows.
Current rateOct 2011
Adults£5.93£6.08
18 to 20-year-olds£4.92£4.98
16 and 17-year-olds£3.64£3.68
Apprentice rate (under the age of 19 plus older apprentices in the first year of their course)£2.50£2.60
If you know of an employer who is not paying these rates or have any queries contact the Pay and Work Rights Helpline on 0800 917 2368 or visit http://payandworkrightscampaign.direct.gov.uk/index.html

Wednesday 28 September 2011

ConDem proposals to reform Employment Law

From Daniel Barnett's Employment Bulletin.

Government Proposals for Employment Law Reform
The Government has published on the internet (but not yet in any sort of press release) proposals to deregulate business. They cover all sorts of things, from planning to procurement. Of interest to employment law practitioners, the proposals are:-
  • increase the unfair qualifying dismissal period from one year to two years
  • introduce fees for bringing tribunal claims
  • consult on removing Equality Act provisions imposing liability on employers for third party harassment which they do not take reasonable steps to prevent
All these were the subject of consultation some time ago, but no Response to the Consultation has yet been published. This new document, 'One-In, One-Out, Second statement of new Regulation', suggests that the government has already decided what steps it intends to take. See page 14 (Appendix D) of the document.

The question does arise whether these proposals are genuine, or whether they are little more than political grandstanding and cannot be implemented due to EU law issues. Watch this space...

New rights for agency workers from October 1st

The CWU has been at the forefront of the camapign to gain fairer treatment for agency workers. From this Saturday October 1st hundreds of thousands will benefit from improved working conditions when the new equal treatment rights for temps come into effect. For more information visit http://www.tuc.org.uk/workplace/tuc-20079-f0.cfm

Tuesday 27 September 2011

Same Sex Civil Marriage consultation.

Lynne Featherstone announced on 17 September that a public consultation to consider how to make civil marriage available to same-sex couples will begin in March 2012. This would allow any legislative changes to be made before the end of this parliament. The consultation will cover civil marriage for same-sex couples only - not religious marriage or opposite-sex civil partnerships. As and when we receive details of the proposed consultation I'll let you know.

Please support the Hardest Hit!

In October disabled people, their families and friends will be taking to the streets in cities across the UK protesting against Government cuts to disability benefits and services. For a full list of events happening in your region go to http://thehardesthit.wordpress.com/ where you can also download publicity materials.like this poster.

Saturday 24 September 2011

York kids kick racism out of football.

Today I was on the football field at York college to take part in a Kick Racism Out of Football event. I thank Paul Clays, CWU North East Region secretary, Yorkshire & Humberside TUC, the GMB, Unite, and all who made the event a  success. A special thanks to all the junior football players you can see below. Best of luck for the rest of the season.







Friday 16 September 2011

Disabled employee - reasonable adjustment ruling

I am indebted to Daniel barnett employment law barrister for supplying the following.

Does there need to be a good or real prospect of an adjustment alleviating the disadvantage suffered by a disabled employee for that adjustment to be a reasonable one? Not necessarily, held the EAT in Leeds Teaching Hospital NHS Trust v Foster.

Mr Foster was placed at a substantial disadvantage by the requirement for him to work within the security department, because his disability, stress, was caused by that department. It would have been a reasonable adjustment to put him on the redeployment register. It was not necessary to find that there would have been a good prospect of a redeployment opportunity becoming available and Mr Foster being well enough to work. There need only have been a prospect of that at the date of the decision. A real prospect of an adjustment removing a disadvantage is sufficient to make an adjustment reasonable, but an adjustment may be reasonable even if there is a lower chance.

Wednesday 14 September 2011

New CWU Disability Champions

Last week I did a slot in a CWU Disability Champions course taught by the excellent Bob McGuire. On behalf of the Union can I record my thanks and appreciation to them all.
Here are our new CWU Disability Champions with Bob 6th from the left.

Tuesday 13 September 2011

The legal status of rest breaks

I am indebted to Daniel Barnet for highlighting the following from the Court of Appeal. Follow the link for the full ruling.

Does requiring a security guard to remain on call during his rest breaks contravene the requirements of the Working Time Regulations? Not necessarily, according to the Court of Appeal in Hughes v The Corps of Commissionaires Management Ltd.

Regulation 12 provides that a worker is entitled to an uninterrupted 20 minute rest break when his daily working time is more than 6 hours. Regulation 21 excludes that requirement where the worker "is engaged in security and surveillance activities requiring a permanent presence...", but Regulation 24 provides that an employer should "wherever possible allow him to take an equivalent period of compensatory rest".

The security guard in this case was provided with an area where rests could be taken, but he had to remain on call during those periods, meaning that his break might be interrupted. Significantly, if that happened he was permitted to start his break again.

The Court of Appeal held that the employee's work fell within Regulation 21, and that the breaks provided to him were properly described as an "equivalent period of compensatory rest" (Regulation 24). The employee's suggestion that a risk assessment might be required because of the possibility of interruption was firmly rejected, the Court noting that he might well end up with a break longer than the 20 minutes typically required by the Regulations.

Monday 12 September 2011

The scale of the ConDem Cuts.

I am indebted to Gary Clark of Scotland No.2 branch who represents the CWU on the Cross Party Group on Disability in the Scottish Parliament for suipplying the following.
Welfare Reform or Plain Old Fashioned Cuts?
Scale of the Benefit Cuts
         £18 billion of cuts to welfare benefits
         £9 billion taken out of disabled people’s households.
         Impact in Scotland = £2 billion being taken out of local economy
         IS estimate at least half of that (£1 billion) is being taken from Scottish disabled people and their families)
Impact 2011 – 2015
         Families with disabled children to lose over £3,000 each by 2015
         Couples where one partner acts as a carer to their disabled partner will lose more than £3,000 as a couple by 2015
         Individuals moved from Incapacity Benefit or Severe Disablement Allowance to JSA will lose nearly £9,000 each by 2015
Numbers affected
         The welfare reforms announced in June will see 3.5 million disabled people lose over £9.2 billion.
         Moving disabled people off ESA and onto Job Seekers Allowance will account for over half (£4.87 billion) of these losses.
         The 12 month cap on entitlement to contributory ESA will, on its own, push an estimated 1 million disabled people into poverty (equivalent to 100,000 in Scotland)
Impact on Scots Disabled People
         A disproportionate amount of the cuts are falling on benefits paid to disabled people  - DLA, ESA, ILF
         Many other benefit cuts will also have a disproportionate impact because disabled people are less likely to be in employment and thus more likely to be reliant on benefits for all of their income.
         Scotland will suffer more than its fair share of these cuts because we have more people with impairments & long term health conditions than other areas of the UK.
Employment & Support Allowance
         Between Oct. 2010 & Spring 2014 ALL disabled people receiving Incapacity Benefit or Severe Disablement Allowance or Income Support paid because of illness/disability will be assessed for Employment Support Allowance (ESA).
         Those assessed as fully capable of work will be sent to claim Jobseeker’s Allowance (JSA) and/or Income Support or will be moved off benefit.
         Those who cannot work or have limited capability to work will move to Employment Support Allowance.
The Work Capability Assessment (WCA)
         Since the new WCA was introduced around 69% of new ESA claimants have been found fully fit for work and made to claim JSA or have moved off benefits altogether.
         Applying the same failure rate to the 239,550  existing Scots IB recipients means that the total number of claimants will be reduced by 66% (160,000) leading to annual benefit losses of £236 million.
Disability Living Allowance
         The Government intends to reduce the amount of DLA paid out by 20%.
         For Scotland this means that one fifth of the current 340,510 DLA claimants (68,000) stand to lose entitlement entirely - leading to benefit losses of £260 million annually.
         However if the new assessment tests are restricted to claimants of working age then 1 in 3 disabled people aged 16 - 65 would need to lose ALL of their current entitlement to achieve the necessary savings.
Personal Independence Payment
The Personal Independence Payment (PIP) will replace DLA in 2013/14. There will be 4 different rates of PIP:
         The daily living component standard rate (equivalent to middle rate care)
         daily living component enhanced rate (equivalent to higher rate care)
         mobility component standard rate (equivalent to lower rate mobility)
         mobility component enhanced rate (equivalent to higher rate mobility)
NB: There is no equivalent under PIP to Lower Rate Care
Potential Losers
         The Mobility component of PIP is to be taken away from all disabled people living in residential care.
         This will save £135 million a year by 2014-15. The current mobility component is: £18.95 (lower rate); £49.85 (higher rate).
         According to figures obtained by the Learning Disability Alliance Scotland this will affect a total of 74,850 disabled people (25% more than officially announced).
         If ALL current working age recipients of Lower Rate Care, some 60,000 disabled people, were to lose their current entitlement that would only save £60 million a year.
         This means that many thousands more people currently on the higher rates of the Care Component and/or the Mobility Component would have to lose benefits to make the additional +£200 million in savings
         The draft PIP Assessment Criteria are very similar to the Work Capability Assessment Criteria. They are a series of questions designed to measure “functionality” – the ability to carry out certain tasks.
Housing Benefit (HB)
A package of changes to Housing Benefit is being introduced this year (2011).  Further changes will follow in 2013. The 2011 changes will result in -
         Private sector tenants losing several HB allowances.
         In Scotland 49,730 recipients of Local Housing Allowance (97% of all LHA recipients) will lose an average of £10 a week.
         Throughout the UK 18% of those affected will be disabled people.
From April 2013 housing benefit for working age people in social rented homes will be linked to the size of property that the Government believes they need.
         This change will disproportionately impact on households containing disabled people. DWP figures show that across the UK of a total of 670,000 households affected by this change about 450,000 (66%) will contain a disabled person.
         These households will see their Housing Benefit cut by an average of £13 per week.
         Scottish Government estimates that 95,000 Scots households will be affected.
         If the two thirds DWP estimate holds good then at least 62,000 households containing a disabled person will lose up to £15 pw in housing benefit.
         Although tenants will be penalised for under-occupying, they have little option but to do this, because there is a chronic shortage of 1-bedroom properties. 
         44% of working-age Housing Association tenants need a one-bedroom property but only 24% occupy one.
Homelessness & Poverty: The Dept. for Communities & Local Government estimates that, in England & Wales, up to 20,000 households could become homeless due to the introduction of the benefits cap.
         This is on top of the 20,000 households expected to become homeless because of other changes to benefits. 
         This would translate into approximately an additional 4,000 households becoming homeless in Scotland.
         The Scottish Federation of Housing Associations estimate that due to claimants losing DLA, ESA, HB and/or other benefits as many as 1 in 5 Housing Association tenants may have their incomes affected, with some very substantial income losses for some tenants.
Main Sources:
1.    Scottish Local Government Forum Against Poverty report, 2010, “People, Councils, Economy” link here - www.scottishpovertyforum.org.uk/ImpactReport.pdf
2.    SFHA’s research, June 2011, “The impact of proposed Welfare Reform on HA/Co-op Tenants”, link here -  http://www.sfha.co.uk/sfha/latest-news/sfha-launches-report-on-impact-of-welfare-reforms/menu-id-8.html
3.    Inclusion London paper, Nov. 2010, “Comprehensive Spending Review and disabled people: a brutal attack on equality”, link here - http://www.inclusionlondon.co.uk/csr-attack-on-disabled-people
4.    Demos report, Spring 2011,  “Destination Unknown”, link here- http://www.demos.co.uk/publications/destinationunknownspring2011

5.    Scottish Government have established a Webpage on Welfare reform.  Well worth a visit especially this library of resources and reports - http://www.scotland.gov.uk/Topics/People/welfarereform/Library


The harassment and abuse of disabled people is unacceptable!

The Equality and Human Rights Commission has today published a report entitled "Hidden in Plain Sight". It's findings show "...that hundreds of thousands of disabled people regularly experience harassment or abuse but a culture of disbelief is preventing public authorities from tackling it effectively."
  The report says that many disabled people ".. have come to accept harassment – including verbal and physical abuse, theft and fraud, sexual harassment and bullying – as inevitable."
  As a union the CWU is committed to ending discrimination and harassment inside and outside the workplace. We condemn those responsible for abusing, bullying and harassing disabled people. We will mobilise all possible resources to support victims and to make perpetrators of harassment and abuse accountable.
 The full report can be downloaded from http://www.equalityhumanrights.com/news/2011/september/inquiry-reveals-systemic-institutional-failure-to-tackle-harassment-of-disabled-people/

Friday 9 September 2011

Talk Talk announce Waterford closure

9th September 2011
For immediate release
CWU seeks Talk Talk assurances
CWU is seeking assurances over UK jobs in broadband company Talk Talk after the company made the surprise announcement to close its Waterford call centre with the loss of 575 jobs on Wednesday afternoon.
Staff in UK Talk Talk sites received an e-mail telling them that the company has "made enormous progress simplifying our business" and that call volumes have dropped by 40 per cent leading to the "sad news" that Waterford site will be closed. The memo, from Human Resources Director Nigel Sullivan, also blamed fluctuations in the Euro for the decision and goes on to say: "As our largest in-house site, the proposed closure would allow us to quickly reduce complexity, simplify operations and realise the benefits for our customers."
Responding to the shock news, which gives only a 30 day consultation period, CWU deputy general secretary Andy Kerr said: "This is terrible news for staff in Waterford who would have thought their jobs were safe after the recent company reorganisation. We're sending our wishes of support to the Irish CWU which is dealing with this devastating news.
"Many of our members in UK sites are now feeling concerned for their jobs so we would like to see Talk Talk reassure people over job security. It's important that this process is managed openly and that all possible options of retaining jobs are explored."
Graham Armstrong, CWU rep from Talk Talk in Warrington, has raised concerns at the sudden decision, saying: "The personnel at Waterford have an enormous amount of experience, energy and commitment. We think the company should look at using their experience for the enormous tasks we in the rest of the Group are facing with resource in provisioning, fault diagnostics and process building and management. It's really shaken staff in the UK sites so we'd like to see some assurances over job security from management."
For more information please contact:
 Sian Jones, Press Officer, tel: 020 8971 7267, mobile: 0779 3314249, e-mail: sbjones@cwu.org
Kevin Slocombe, Head of Communications, mobile: 07714504413, e-mail: kslocombe@cwu.org
 

Wednesday 7 September 2011

Soaring cost of childcare causing poverty and unemployment.

My readers will be aware of the CWU's camapaign to prevent the closure of Mount Pleasant nursery.  If anyone doubted why my members need this facility they should read a report published today by the Daycare Trust. It's key findings are that the increasing cost of childcare is pushing the poorest out of work and more kids into poverty.Read it here http://www.daycaretrust.org.uk/news.php?id=54

Monday 5 September 2011

Rewarding failure - High Pay Commision report

The High Pay Commision has published a report entitled "What are we paying for. Exploring executive pay and performance." The key findings are:
        In 2002, for on-target performance, FTSE 100 lead executives received a bonus worth 48% of salary. In 2010, for the same level of performance, a FTSE 100 lead executive’s bonus was worth 90% of salary
· The increase in bonuses has not come at the expense of absolute rises in salary with salaries increasing 63.9% over the last 10 years.
· In 2002, the median maximum grant of shares that a FTSE 100 lead executive could be awarded was 100% of salary. In 2010, this has risen to 200% of salary.
· The average value of Long Term Incentive Plan (LTIP) awards paid out to lead executives across the FTSE 350 has gone up over 700% since 2000.

In short the capatains of industry are prosepring for no good reason.
Read full report here http://highpaycommission.co.uk/

Thursday 1 September 2011

Sheffield Pensioners Action Group March on September 16th


Equality Act. Free TUC briefing in Leeds.

Equality Act Briefing- FREE ONE DAY BRIEFING:
Date:   Wednesday 19 October 2011
Time:   10.00am - 4.00pm
Venue:    Regional TUC offices (address below)
 
This event is free of charge and a buffet will be provided. For further info and an application form contact my department or:

Chris Beastall
TUC
Yorkshire and the Humber
33 Park Place
Leeds LS1 2RY
Tel: 0113 242 9696