How to comment on blog posts - update

I have had to restrict access to the comment facility on my blog to followers only due to someone posting an offensive and potentaily libellous comment. If you want to comment join my growing band of followers.

Have you seen Alfie?

The last time I was up north I spent an afternoon at the Hepworth Gallery, Wakefield. This caught my eye on the way in and out. If you know of Alfie's whereabouts please contact the owner at Thornes wharf which is next to the Hepworth.

The next England manager will be Harry Redknapp?

The result of my poll to decide who will be the next England manager is:

Haryy Redknapp  50%
Brewster the CWU Equality Bear  33%
Jose Mourniho  16%
Stuart Pearce  0%

Past polls have been 100% accurate. Thanks evryone for taking part.

The racists did not win at UAF conference

Had a good day at the UAF conference in Conway Hall. Excellent turn out from CWU members.EDL turned up to peddle their racist crap. They are pathetic. police moved them on. The racists will not win. Thanks everyone for turning up and doing us proud.

Help Save the EHRC

Coping with Occupational Health factsheet

This will be available shortly for download as a pdf via the Equal Opportunites section of the CWU website at http://www.cwu.org

HCL job losses in Armagh

This is devastating news for my members in HCL.
14^th February 2012
For immediate release
CWU shocked at HCL job losses in N Ireland
Communication Workers Union responds with shock and sadness at today’s announcement by call centre group HCL that it is closing its Armagh site and cutting 255 jobs in Northern Ireland. The outsourcing company has another site in Belfast which is also expected to suffer job losses.
CWU deputy general secretary Andy Kerr said: “This is devastating news for HCL staff and their families in Northern Ireland. Armagh is a small community and the closure of this call centre will be a big hit for the local economy. Unemployment is rising and finding alternative work will be a major challenge for these workers.
“We want HCL to show responsibility towards its employees and do everything possible to find alternative work for these call centre staff in Northern Ireland. As an outsource company we would expect it to be actively searching for new contracts to keep people in work locally.
“We will be doing everything possible to help our members through this very difficult time and urge HCL to take a voluntary approach to initial redundancy procedures.”
CWU has members in both the Armagh and Belfast centres. HCL was criticised by politicians in 2006 for de-recognising the CWU.

For more information please contact:

From Sian Jones | Acting Head of Communications
E sbjones@cwu.org | T 020 8971 7267 | M 0779 3314249 | Twitter @CWUnews
Communication Workers Union  The communications union
Headquarters 150 The Broadway | Wimbledon | SW19 1RX
T 020 8971 7200 | F 020 8971 7300 | www.cwu.org | www.cwutv.org

The next England football team manager is?

There are a number of names being touted to be the next England football manager. Who do you think it should be. Vote in my poll. Please note that this picture of Brewster the CWU Equality Bear at the Emirates stadium is not intended to influence the result.

Latest Ezine

This is the latest edition of our Ezine. It will soon be available as a pdf download at  http://www.cwu.org/e-bulletin.html  If you want to subscribe send your contact details to lroy@cwu.org

The voices of millions will be silenced in Russia

In 24 hours, political leaders in Russia will vote on a law that makes speaking out as a gay, lesbian, bi, or trans person ILLEGAL. Join the movement now: if thousands of us raise our voices, they will be forced to speak out and stop this horrific law: Tomorrow, political leaders in St. Petersburg are going to vote on a new law that will make it illegal to speak in public about being gay, lesbian, bisexual, or transgender. Activists around the country are doing everything they can to stop it but they are afraid that it won't be enough -- the bill could even spread nationwide if we don't speak up.  They need support from around the world - and they need it fast. Will you take 2 minutes to add your voice to our urgent call? We are in touch with embassies all around the world and will deliver the petition very soon: www.allout.org/russia_silenced Because Russia is powerful, most world leaders have stayed silent. But if we raise our voices now, we'll shine an international spotlight on the issue that will be impossible to ignore.   If the law passes this week in St. Petersburg, it could quickly lead to a crushing of freedoms throughout all of Russia. Moscow, the largest city in the country, already said they were looking into passing the same law - paving the way for officials to make it national. Our friends in Russia believe that stopping the bill in St. Petersburg can derail the plan to take this law nationwide.  Many around the world have been reluctant to criticize the ruling party led by President Medvedev and Prime Minister Putin, but their party appointed both the mayors of Moscow and St. Petersburg and they've gone on record in support of the proposed laws.   www.allout.org/russia_silenced Russia is already a dangerous place to be out and open as an lesbian, gay, bi or trans (LGBT) person. Courageous pride marchers were brutally attacked and detained by Moscow police last summer - for the simple act of holding their heads up high in public. If this bill passes, even the small victories that the LGBT movement in Russia has won will be wiped out - and pride marches, cultural festivals, and even the distribution of leaflets in the streets will be considered illegal. Moments like this highlight exactly why we launched All Out just over a year ago: to stand with our friends around the world when they’re under attack, and to keep opportunistic governments from playing politics with fundamental rights. Please sign this urgent call, share it with your friends, and stand in solidarity with our brave friends in Russia - Coming Out, Side by Side LGBT Film Festival, and the Russian LGBT-Network - who are refusing to be silenced: www.allout.org/russia_silenced All the best and All Out, Andre, Emmy, Erika, Flavia, Guillaume, Jeremy, Joseph, Oli, Tile, Wesley and the rest of the team at All Out  SOURCES: St. Petersburg's Anti-Gay Propaganda Bill Scheduled For A Second Vote thinkprogress.org/lgbt/2012/02/02/417107/st-petersburgs-anti-gay-propaganda-bill-scheduled-for-a-second-vote/ Draconian Bill Outlawing LGBT Activities and Gay 'Propaganda' is Back on the Table in St. Petersburg, Russia www.towleroad.com/2012/02/russiastpete.html Tolerance, not gay bans www.themoscownews.com/editorial/20111117/189213196.html Russia’s gays under attack as MPs back fines for ‘gay promotion’ en.ria.ru/analysis/20111118/168818571.html

All Out is bringing people together in every corner of the planet and of every identity - lesbian, gay, straight, bisexual, transgender and all that’s between and beyond - to build a world in which everyone can live freely and be embraced for who they are. Our mailing address is: Purpose Foundation 224 Centre St New York, NY 10013 Copyright © 2012 AllOut.org, All rights reserved.

New Rights for Agency Workers Explained

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New Rights For Agency Workers
Dated: 06/02/2012 Key Contact: Joy Drummond                                                          

 

New rights for agency workers now apply from 1st October 2011, when the Agency Workers Regulations 2010 came into force. These regulations were brought in to comply with European law (the European Temporary Agency Workers Directive 2008/104/EC). Their aim is to ensure that agency workers are treated equally to other staff recruited directly by the hirer. 

The New Rights

Agency workers with at least 12 weeks qualifying service with a "temporary work agency" ("TWA") working for the hirer have the right to the same basic working conditions as if they had been recruited directly by the hirer. This includes, for example, terms about working time, rest periods and pay, although there are several exclusions as to what constitutes pay under the Regulations eg some bonus and sick payments are excluded.

In addition, from day one, hirers must ensure that agency workers have access to the hirer’s collective facilities such as catering, child care facilities and transport and to information about the hirer’s job vacancies. 

Who Can Claim?

The rights apply to agency workers:

• employed by the TWA or who have a contract with the TWA to perform work or services personally, and
• who have been supplied by the TWA to work temporarily for and under the supervision and direction of the hirer.

Workers who are employed on a temporary basis directly by a hirer cannot claim under these regulations because they are not employed by or performing work or services personally for the TWA but they may have a claim under the Fixed Term Employees (Prevention of Less Favourable Treatment) Regulations 2002. The position of workers who find work through a TWA but who only have a contract to perform services with a separate “umbrella” company is uncertain. They would appear to be excluded from the scope of the Regulations but the Guidance on the Regulations provided by the Government (which is not in itself legally enforceable) suggest they may be able to claim.

What the Agency Worker has to Prove to Succeed Against a TWA

To enforce the right to the same basic employment terms and conditions the agency worker can claim in an employment tribunal against the TWA. The agency worker would need to prove their terms and conditions were less favourable than another person who is a non agency employee or worker recruited directly by the hirer (ie not another agency worker), and

• who works for and under the supervision of the hirer, and
• is engaged in the same or broadly similar work as the agency worker, and
• is based at the same establishment as the agency worker (or, if no individual is based at the same establishment the other person works or is based at a different establishment and satisfies all the other requirements), and
• (if relevant) has a similar level of qualifications or skills to the agency worker.

Defences and when the Hirer can be Liable
The TWA has a defence if it can show that it took all reasonable steps to obtain information from the hirer about its terms and conditions and then treated the worker accordingly. If this defence of the TWA is successful the agency worker may be able to pursue a claim against the hirer so agency workers will in many cases be advised to join both the TWA and the hirer into the claim.

 An agency worker can claim directly against the hirer if they have not been given the same access to facilities or information about vacancies. The hirer will have a defence only if they can show the less favourable treatment can be objectively justified by the hirer. Although cost may be a factor taken into account by a hirer in justifying less favourable treatment of agency workers it is uncertain whether they will be able to rely on cost alone as justification without any other reason. If a hirer cannot offer the agency worker full access to facilities, the Guidance recommends access be granted to some facilities, rather than excluding them altogether.

Time Limit

The time limit for an agency worker bringing a claim in the Employment Tribunal in normal circumstances is three months from the date when the agency worker’s rights under the Regulations were breached.

Remedy

If an agency worker is successful in their claim, the Tribunal may make a declaration, order payment of compensation to the agency worker and/or make recommendations for the hirer or TWA to take reasonable steps to reduce the adverse effect on the agency workers of any matter to which the complaint relates.

Other Possible Claims an Agency Worker Can Make

If the worker has a contract directly with the hirer they will have all the usual employment rights against the hirer provided they meet the relevant test of being an employee of the hirer or a worker, as applicable.

If the worker’s contract is with the TWA, as well as any rights as an employee or a worker of the TWA, they may also be able to claim discrimination, harassment and victimisation against the hirer if they are contract workers under Section 41 of the Equality Act. This also applies to the duty to make reasonable adjustment in disability cases. A "contract worker" is an individual supplied by someone who has a contract to supply the worker to someone else.

If the agency worker is found to be an employee of or a worker for the TWA they may be able to claim against the TWA under Sections 55 and 56 of the Equality Act which give rights to persons seeking work who are discriminated against, harassed or victimised by a person concerned with the provision of an employment service or if they are offered discriminatory terms by that person. Again, this also applies to the duty to make reasonable adjustments in disability discrimination cases.

Conclusion

As will be seen from the above, both agencies supplying agency workers and hirers using agency workers may well have obligations towards agency workers as to the terms and conditions under which they work and the facilities available to them under the Agency Workers Regulations and in relation to discrimination under the Equality Act.
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Right to Work- Protest dates for your diary

Protest at Eric Pickles
The Tory Local Government Conference is being held in Queen’s Hotel, Leeds.  Eric Pickles is speaking on Saturday 25th February. He will be planning the next round of savage cuts to Local Government spending with his Tory cronies. Come and join us on our March and Rally against the Tories. We will also be planning how to resist these cuts at our own Counter Conference.
Saturday 25^th February
Rally and March
Assemble Woodhouse Moor
10.30am to March to City Square
Organised by Leeds Against the Cuts, supported by Leeds Trades Council and local trade unions. Supported by Right to Work
Protest at the Tory Local Government Conference

Solid support for HMRC strike over privatisation threat
The strike is in opposition to year-long call handling trials using private sector companies in two HM Revenue and Customs contact centres in Lillyhall in Cumbria and Bathgate in Scotland.
  At these centres, covering more than 1,000 workers, 90% and 85% of the union's members respectively are on strike.
  The action, including more than 14,500 of the union's 20,000 members in enquiry offices and call centres, has caused significant disruption with enquiry lines carrying recorded announcements steering people online.
Full story on PCS website

Balfour Beatty sparks vote to strike – again
Mechanical and Electrical workers have voted by 67 percent on Balfour Beatty sites for strike action. This follows another overwhelming vote for strike action at the end of November last year. Balfour Beatty immediately challenged the ballot. Unite and the company were in court on Thursday.
London 15th February marching from Victoria to ECA headquarters and then lobbying ECA ‘Dinner and Dance’ in the evening. Anyone fancy coming down to London contact your regional office for travel payments. Email siteworkers@virginmedia.com

  ‘recalled’ National Rank and File meeting in Birmingham 4th February 1-4pm Carrs Lane Cantre, Carrs Lane.

Click here for video of Birmingham R&F meeting

Austerity isn’t working

Protest when the new unemployment figures are announced
9am, Wednesday 15^th February
DWP Office, Caxton House, City of Westminster, London, SW1H
Called by Right to Work

Barnsley bus workers to strike for 4 days

Barnsley Stagecoach workers are striking from Saturday 4th, 6th, 8th and 10th of February.
  Barnsley Trades Council has called a demonstration to coincide with the first strike day on Saturday 4th February, assembling at 10.30am at Jumble Lane crossing end of bus station before marching through town.
  BTUC is calling on unions from around the region to join the demonstration with banners.
  Messages of support should be emailed to Barnsley Unite branch secretary Tony Rushforth at a-rushforth@sky.com. Cheques should be made payable to TGWU 9/9 Barnsley and sent to A Rushforth, 45 Tune Street,Wombwell, Barnsley S73 8PX
Barnsley bus workers reject pay offer

Protest against closure of the Independent Living Fund
Come and join us in delivering Maria Miller (Minister of Disabled People) our protest letter opposing the closure of the Independent Living Fund (ILF).
Where: Caxton House, 6-12 Tothill Street, London, SW1H 9DA
When: Monday February 13^th 2012
Time: Assemble: 2pm next to Caxton House

Health workers and patients rally to save the NHS

Unions representing hundreds of thousands of healthcare professionals and workers from across the NHS are to step up the pressure on peers with a central London rally as the Health and Social Care Bill enters its final crucial parliamentary stages.
  On Wednesday 7 March – under the banner of the All Together for the NHS campaign – nurses, midwives, doctors, physiotherapists, managers, paramedics, radiographers, cleaners, porters and other employees from across the health service will join with patients to fill Central Hall Westminster for a 6pm ‘Save our NHS’ rally.
TUC press release

Unilever to face more pension action
Union representatives from Unilever’s UK factories will meet in Liverpool on Saturday to plan the next stage of their campaign against changes to their pension scheme.
  The company is pressing ahead with its plans to close its final-salary scheme in July, and to move current staff into a less generous career-average one instead.
Unilever slammed for 'mind- blowing' results

40^th Anniversary of the Battle of Saltley Gate

On 10^th February 1972 30,000 Birmingham engineers struck in support of 2,000 miners who were picketing Saltley Coking Works in Birmingham as part of their national pay strike. 10,000 engineers marched to Saltley and helped force the police to close the gates. This was a key moment in the miners’ strike, which went on to victory.
  On Friday 10^th February 2012 Arthur Scargill will join miners and engineers who were at the Battle of Saltley Gate to celebrate the closing of the gates. Called by Birmingham Trades Union Council.
  11am, Gate Street, Saltley Gate Roundabout.
All welcome, bring union banners if you can.
More information at http://www.saltleygate.co.uk/

Right to Work AGM

Sunday 11^th March, 12 noon, Central London
Speakers include Owen Jones and Zita Holbourne
More details to follow

Affiliate to Right to Work

To affiliate your organisation to Right to Work click here - http://righttowork.org.uk/affiliate/
Please send coming events and reports to reports@righttowork.org.uk
 

Bullying and Harassment Poster

Religious Observance Leave Factsheet

A Seminar for LGBT History Month in Manchester

What LGBT Agenda for 2012?
A seminar for LGBT History Month
Thursday 23 February 2012
 10.30 - 16.00
Forty years ago, GLF called for liberation from the norms of heterosexual society. Today, we have achieved legal rights, but LGBT people are still not free of prejudice and discrimination. What kind of agenda is needed to reach that goal? The TUC and UCU invite you to engage in this event. The goal is that through presentations, debate and discussion participants will be encouraged to identify possibilities for an LGB and T agenda drawing lessons from the past and focusing on where we are now.
With presentations from:
Laura Miles, Chair, UCU LGBT Committee
Maria Exall, Chair, TUC LGBT Committee
Manchester University
The Renold Building (number 8 on the campus map http://www.manchester.ac.uk/aboutus/travel/maps/
Deadline date for application is Friday 18th February 2012
Contat: Seth Atkin

E mail: satkin@ucu.org.uk

Postal: Carlow Street, London NW1 7LH

It's LGBT History Month

February is LGBT History Month. Find out more and join in the celebration at one of the many events that are taking place to mark this occasion here http://lgbthistorymonth.org.uk/event-calendar/