IN THIS EDITION:
P4 - Orgreave P6 - STP’s P10 - Have you overspent?
NEYHnews
Unite news from across our region
ATTEMPT TO UNDERMINE
COLLECTIVE BARGAINING FAILS
57 of our members have
successfully argued at an
Employment Tribunal in
Sheffield that their employer
breached their rights to
collective bargaining under
the Trade Union and Labour
Relations (Consolidation) Act
1992.
When a pay offer was rejected
by our members at Kostal UK,
the employer made that offer
again to individual employees,
inviting them to agree the
offer, bypassing the collective
bargaining process which would
have undermined the union’s
position.
In delivering his judgment,
Employment Judge Little
said, “If there is a Recognition
Agreement which includes
collective bargaining, the
employer cannot drop in and out
of the collective process as and
when that suits its purpose.”
In what was the first round of
collective bargaining at Kostal
UK since the company and the
union re-established collective
bargaining at the end of 2014,
the company had made a pay
offer which had a number of
conditions attached to it.
In a ballot on that offer, over
78% of members voted to
EDITION NUMBER: 8
reject the terms of the deal.
The company, when they found
out the result of the ballot then
wrote to all employees inviting
them individually to accept the
previously rejected pay offer.
Our members argued that such
an approach was in breach
of the collective bargaining
process.
If there is a
“
Recognition Agreement
which includes collective
bargaining, the employer
cannot drop in and out of
the collective process as
and when that suits its
purpose
The company argued that they
had no option but to make the
offers directly to employees in
order that they would be able to
pay a Christmas bonus which
the company had decided to
include as part of the offer. They said
that, if employees did not accept the
pay offer, they would not receive their
Christmas bonus payment because
that payment had to be made in
December. Addressing this argument,
Employment Judge Little said, “The
Christmas bonus was introduced into
the negotiations by the Company,
that is as a bargaining tool. In those
circumstances we consider that it
is somewhat disingenuous for the
Company to say that it made an offer
to save the relevant employees from
the consequences of a threat which it
had made.”
The decision of the Employment
Tribunal to uphold the claims of our
members has come as a very welcome
decision. Regional officer, Simon
Coop, said “It was disappointing that
”
we had to bring these claims
to the Employment Tribunal in
the first place, but we felt it was
essential that we defended the
collective bargaining process. I
am delighted that the Tribunal
accepted our arguments and
agreed with us that the employer
had crossed a line.”
The Employment Tribunal has
listed another hearing for late
February, at which time it will
decide how much each Claimant
should be awarded. With
many of the Claimants having
received two separate offers
which breached their rights
under the 1992 Act, the cost to
the company could be about
£500,000.
JANUARY 2017
NEYHnews | January 2017
The start of 2017 marked a
significant point for Unite. We
welcomed our colleagues
from UCATT who officially
merged with us to form the
largest construction union in
UK, providing members in
Karen Reay the
the sector with a single, more
Regional Secretary powerful voice.
Over the past few weeks we
have seen the full depths of
the troubles facing the NHS
come to the forefront. The Tory
Government continue to be in
denial about the crisis facing
our NHS. We will, along with
other organisations be joining
a national demonstration on 4
March and I hope to see many
of you there.
GOVERNMENT HINTS AT FURTHER
ATTACKS ON UNIONS
In the run up to Christmas
our members, as well as
thousands of members of
other unions, took part in
industrial disputes across a
range of industries.
We saw our own members
involved in disputes at
Swissport, British Airways and
the Post Office, members of the
Communication Workers’ Union
walked out at the Post Office,
and the long running dispute
at Southern Rail has continued
with members of the RMT and
ASLEF taking action.
Taking strike action is always
the last resort for our members.
However, instead of seeking to
resolve these disputes through
open and fair dialogue, we
have heard how members
of Theresa May’s Tory
Government have called for
tougher action against unions,
including the possibility of
outlawing strike action in areas
such as transport.
Diane Abbott MP, Shadow
Home Secretary, defended the
actions of the unions, saying
before Christmas “of course
2
these strikes are going to be
very disastrous if they go ahead
for the public over Christmas,
but people do have a legal
right to strike”. She added, “it
is not my role to second-guess
the decisions of trade union
leadership”.
Of course these
“strikes
are going to be
very disastrous if they
go ahead for the public
over Christmas, but
people do have a legal
right to strike
Over the coming months the
provisions contained within
the Trade Union Act 2016 will
become active. The Tories’
ballot thresholds will take effect,
as well as the changes to the
notice period required for employers
and the length of time the mandate for
action remains valid.
Karen Reay, Unite the union regional
secretary, said “Over the past few
years the Government have pressed
ahead with their ideological attacks on
unions and workers. The Tories clearly
now see a new opportunity to attack
us and they are working hard to paint
unions in a negative manner in the
media. As a union we must stand up
for our members’ rights and resist any
further attacks by the Government”.
”
DIANE ABBOTT MP
SHADOW HOME SECRETARY
NEYHnews
NEYHnews | January 2017
TRADES CLUB REBUILDS FOLLOWING
2015 FLOODS
Unite Community members
and local Labour activists
volunteered their time to
renovate a Trades Club left
devastated by the 2015 Boxing
Day floods.
Hebden Bridge Trades Club
in West Yorkshire opened in
1924 as a headquarters for
trade unions representing more
than 4,000 textile and tailoring
workers but when the industries
collapsed in the 1970s the
unions gave the building to the
local Labour Party.
The social club was a refuge for many
during the floods, serving hot food and
drinks for people whose homes were
wrecked.
However, the ground floor, comprising
a community hall and Labour Party
rooms, was completely destroyed
by the floods. Flood water lifted up
floorboards, brought plaster off walls
and destroyed electricity, water and
gas supplies.
renewing the club’s trade union
links. The first volunteers went
to work on Saturday 7 January.
Unite Community members
will be there over the coming
weeks, engaged in various
activities to rebuild the club and
will be helping to raise funds for
the rebuilding programme.
The local Labour Party branch has
now drawn up ambitious plans for its
renovation and return to use, including
UNITE COMMUNITY MEMBERS
CONTINUE TO PROVIDE SUPPORT
Ken Loach’s recent film ‘I, Daniel Blake’ was made in Newcastle
and portrayed the impact that the Government’s attacks on the
welfare system are having.
Unite Community members in Newcastle are currently helping
more than 50 people who have had their benefits suspended. Like
Unite Community volunteers across the region, they support and
guide people through the process of how to appeal decisions, and
also represent people at hearings.
The Unite Community Centre in Newcastle is based at the Tyne
and Wear TUC Centre Against Unemployment Offices, Newcastle.
John Coan, regional Unite Community coordinator, said “The work
that our Unite Community members do in supporting people who
are being punished by this Government is outstanding, not just in
Newcastle but right across the region.
“This Government continue to demonise people who access the
welfare system, but our volunteers are able to guide claimants
through what can be a difficult process”.
Pictures of Hebden Bridge Trades Club
(images courtesy of Neil Terry Photography)
NEYHnews
3
NEYHnews | January 2017
JOE ROLLIN
CHAIR, ORGREAVE TRUTH AND
JUSTICE CAMPAIGN
Orgreave Coking Plant, now
demolished, stood on the
outskirts of Sheffield, just
8 miles from Hillsborough
Stadium, scene of the
Hillsborough disaster on
15th April 1989, in which 96
Liverpool supporters were, as
the jury at the recent inquests
determined, unlawfully killed.
The plant supplied coke to the
power station at Scunthorpe some
20 miles away.
In March 1984 the National Union
of Mineworkers (NUM) launched a
national strike in response to the
plans of the National Coal Board
(NCB) to close a number of pits. The NCB claimed that it only
wanted to close 20, but the NUM
maintained – and subsequent
4
events proved them right – that
more than 70 pits were on the
NCB’s list. In the decade after
1984 the coal mining industry
was effectively destroyed,
with devastating consequences
for the miners, their families
and their communities.
The NUM called for a mass
picket outside the coking plant
on 18 June 1984, aimed at
disrupting the supply of coke
from Orgreave to Scunthorpe.
It followed a series of smaller
demonstrations at the plant
in May and early June. In
the first three months of the
strike, police forces around the
country had done their utmost
to prevent would-be pickets
from reaching their intended
destinations, however on this
occasion, 18 June, the police
fell over themselves to be
“helpful” guiding and ushering
miners to the site. The miners,
with hindsight, were quite right
to be suspicious because they
had effectively been led into a
trap.
The police were well prepared
on 18 June 1984 and the
South Yorkshire Force had
drafted in thousands of
police officers from all over
the country and, in a move
that has been described as
similar to the mass “kettling”
of demonstrators today, the
miners were penned in and
the police unleashed a savage
beating on the pickets. There
are numerous images from
the day depicting the police
violence and it is a wonder
no one was killed, miners
who were arrested were
refused medical treatment for
their Injury’s and resorted to
bandaging one another with
T shirts. Gareth Pierce was
a solicitor in June 1984 and
NEYHnews
recalls “walking through blood
and vomit” in the police station
before she insisted medical
help was brought for the injured
miners.
95 miners were later charged
with unlawful assembly and
riot, charges which potentially
could result in a life sentence.
These charges, coupled with
the violence seen at Orgreave,
were clearly meant to send a
strong message to the NUM
that their lawful tactics of
picketing were not going to be
tolerated. It was not until May
1985, almost a year later, that
the case came to court. 15
miners, all charged with riot,
appeared at Sheffield Crown
Court in what was intended by
the prosecution to be the first of
a series of trials.
The trial collapsed after
48 days of hearings, when
the prosecution abandoned the
case. It became clear, as the
police witnesses trooped in
and out of the court, that many
officers had had large parts
of their statements dictated to
them, and that many of them
had lied in their accounts,
claiming to have seen things
they could not have seen,
or that they had arrested
someone they had not. No
police officer has ever been
disciplined or brought to task
for the lies or violence they
were involved in on that day,
and of course this pattern of
corruption would be repeated
five years later at Hillsborough
against the Liverpool Football
fans with the same police
force and lawyers and
similar falsifying of evidence.
when on 31 October 2016 the new
Home Secretary, Amber Rudd
MP, announced there would be
no form of inquiry into the
events of 18 June 1984. The
Government had been
making all the right noises
to the campaign and
even the Prime
Minister, Theresa
May MP, had talked
about tackling the “poison
of decades-old misdeeds”. Ms
May also said to the Police
Federation that forces needed to
address “difficult truths, however
unpalatable” and along with Amber
Rudd had met with the Orgreave Truth
and Justice Campaign.
The campaign will continue until we
hear the truth and get justice for those
affected by the events of 18 June
1984.
JOIN THE OTJC AT THEIR
BIGGEST AND
NOISIEST DEMONSTRAT
ION TO DATE. WHEN: WHERE: Monday 13 March 2017
(2pm)
Home Office, Unit 2 Mar
sham Street,
London, SW1P 4DF
The first coach is alread
y booked from Barnsley
to
London via Sheffield
Get in touch with OTJC
to book a seat http://otjc.org.uk/homeoffice-noise-demo/
You can keep up to date
with the campaign’s face
book
page here
https://www.facebook.co
m/
events/5787879989930
75/?ti=icl
This is why the Orgreave
Campaigners were so
shocked and outraged
NEYHnews
5
NEYHnews | January 2017
JOIN WITH US AND FIGHT FOR
OUR NHS, OUR HEALTH, OUR
COMMUNITIES
OUR NHS IS DYING
Since 2010 with the Conservative election our NHS has been fighting for survival. Increased beauacracy
and chaos caused by top down reorganisation has left our health service in the worst state it has ever been
in.
As the NHS has been squeezed patient satisfaction has fell year on year, waiting times are increasing,
wards are closing and not enough staff are being trained. This crisis is entirely of the Conservatives making.
Spending on health in England is due to fall back to pre 1995 levels by 2020 reversing all the improvements
made under the previous Labour Government.
THE GREAT LIE
The Conservatives tell us the NHS is unsustainable – this is simply not true, the UK spends less on health
than most other G7 nations.
We can afford world class healthcare under the NHS model as we are a relatively rich nation. Until recently
our NHS was the envy of many countries around the world enjoying the highest patient satisfaction levels in
its history.
The Government has evaded its responsibility to deliver care, starved the NHS of funding, unrealistically
increased the expectations of the public, vilified staff, and promoted private sector involvement whilst
setting the entire system up to fail.
DESPERATE MEASURES
Now in a desperate attempt to cover its utter failure in the management of our vital health service and the
predicted £22bn black hole in NHS finances the Government has announced another new initiative called
Sustainability & Transformation Plans.
These STP plans will change our NHS beyond recognition and radically alter the provision of healthcare.
A&E’s will be downgraded, surgeries, clinics, wards and hospitals will close. Massive centralisation, service
reconfigurations, and £22bn of cuts mean that local care at the point of need is under very real threat. Our
NHS is in danger of being destroyed by a Government whose political ideology has never supported it.
The process that began with the Health & Social Care Act 2012 will complete with the STP programme
which will break our NHS in 44 separate local health “economies” ending the truly national provision of
health care. These 44 local health services will be ripe for privatisation as lucrative services are cherry
picked to the detriment of the most vulnerable in our society.
STP documents which are beginning to be published around the country offer lofty goals with no
implementation framework. Plans centre around community services which have been slashed across the
country. There is a call for us to rely on “self care” where patients and families are expected to look after the
sick & vulnerable at home.
6
NEYHnews
NEYHnews | January 2017
IN OUR REGION
Out of 44 STP areas nationally, 5 STP areas cover our region affecting all of our members in health and the
services delivered to members of our communities.
Due to inadequate funding there is a predicted NHS deficit of over £3bn by 2020/21 in our region. The
Government has set aside a meagre £8bn in extra national funding to cover all 44 STP areas. This is
clearly not enough, so radical transformation and cuts is the way that the Conservatives intend to address
the funding crisis in our region.
We are preparing to fight against widespread closures of essential local services, including the
downgrading, relocation or closure of our hospitals and satellite clinics. A&E’s will be downgraded or
closed, members terms and conditions will be threatened. There will be increased scope for privatisation.
Our NHS is under attack.
The NHS STP programme represents a clear and present danger to the interests of our membership as
well as the general public. The provision of care at the point of need in England is in real danger.
The very future of the NHS is at stake.
Written by David Donohue
SIGN THE PETITION AND HELP TO STOP STP’s
https://petition.parliament.uk/petitions/165948
SAVE THE DATE
More information
about transport will
be sent out soon
www.ournhs.info
http://www.
unitetheunion.org/
how-we-help/list-ofsectors/healthsector/
healthsectorcampaigns/
stop-stps---dont-slashtrash-and-privatise-ournhs/
NEYHnews
7
NEYHnews | January 2017
SMALL CLAIMS,
BIG IMPACT
In November 2016 the Ministry of Justice
launched a consultation regarding personal
injury claims, including a proposal to raise
the limit for all claims from £1000 to £5000.
The Government have blamed a supposed
‘epidemic’ of whiplash claims as the basis for a
secret assault on workers injured at work.
Unite the union believes that this move will severely
restrict workers’ access to justice and mask future
serious health and safety risks which litigation has
previously played a vital role in uncovering, such as
mesothelioma and aerotoxic syndrome.
“As they stand the plans will price workers out of
justice leaving them unable to recover legal costs
and result in workplaces becoming more dangerous
and workplace diseases going unchecked.
“There are men and women today who were made
sick or injured at work who have had their
suffering in some way eased because their union
could fight for them.
“Is the government seriously saying that this must
cease, stacking the odds in the favour of negligent
companies and the insurance industry?
“If that is the case then this government has got its
priorities all wrong, and the prime minister
Theresa May’s pledge to stand up for working
people is in tatters. I would urge the government to
think again and exempt workplace accidents from
these proposals.”
Pointing to pleural plaques litigation, which saw
damages mainly under £5000, Unite has argued
that, had an increased limit on compensation been
in place for workplace accidents, asbestos in the
workplace would have continued and many more
people could have died of mesothelioma related
diseases.
Unite the union General Secretary, Len McCluskey,
said “Despite initially saying the rise in the
compensation cap would apply to whiplash claims
only, the Government has snuck in plans for it
to cover workplace accidents too. This smacks
of nothing less than a secret assault on workers
injured at work, by a Government which professes
to govern for all.
“The principle of the small claims provisions is that
injuries are so minor, and cases so straightforward
as to not need legal representation. Patently that
is not true of workplace accidents and diseases
where the employer and insurance company have
substantial resources to defend any legal action.
8
WHAT CAN YOU DO?
Sign the online petition opposing
these changes and ask others to
sign too
https://petition.parliament.uk/
petitions/173099
Write to your MP opposing the
changes
Go to
www.feedingfatcats.co.uk
to obtain a draft email and
contact details of your MP
NEYHnews
NEYHnews | January 2017
VAUXHALL PARTNERS BENEFITS
FOR YOU
FIND YOUR NEW VAUXHALL
From the OnStar personal assistant and IntelliLink infotainment technology to sporty bodywork and
spacious interiors, the Corsa range offers a stylishly small car that’s well worth a look. With up to 22% off*
selected models plus your Vauxhall Partners offer across the Vauxhall range, it’s the perfect New Year treat
to yourself. Visit your local retailer between 27th December 2016 and 16th January 2017 and find your tag.
AMAZING OFFERS ON ADAM, CORSA, NEW MOKKA X, ASTRA AND NEW ZAFIRA TOURER
Start taking advantage of Vauxhall Partners benefits by signing up today at www.partnersprogramme.co.uk
*Participating Retailers only. Offer available on selected stock for a limited period. Selected Corsa Limited Edition models attract a 22% discount off RRP. Vehicles must
be registered by 31 January 2017. Offer not available in conjunction with any other offers, with the exception of Vauxhall Partners discount. Offer applies to Vauxhall
Partners only. For Partners Terms and Conditions go to www.partnersprogramme.co.uk/terms-and-conditions. Refer to www.vauxhall.co.uk/bonustagevent or contact
your local Retailer for details. General Motors Limited t/a Vauxhall Motors reserves the right to change, amend or withdraw this offer at any point in time.
PERSONAL INJURY SURVEY
Thank you to all who recently completed the on-line Personal Injury survey.
Our congratulations go to Steven Kell of Darlington Central NE/GEO/3 branch who
was the winner of the £50.00 Argos voucher kindly donated by UIA.
Remember to keep up-to-date with Unite Legal Services at
www.unitelegalservices.org
NEYHnews
9
NEYHnews | January 2017
HAVE YOU OVERSPENT?
ARE YOU STARTING THE NEW
YEAR ON A FINANCIAL LOW?
JOIN YOUR LOCAL CREDIT UNION
AND KICK START THE NEW YEAR
It could be a Christmas Club savings account to help you save for next year or a loan to help cover the
hangover of costs from your celebrations.
Your local credit union would love to meet you and chat through the services we offer and how they can
help.
There are a range of accounts which vary for each Credit Union.
Here’s some examples for
Leeds City Credit Union
PERSONAL LOANS
• Personal loans up to £15,000
• Business loans
SAVINGS PLANS
• Membership
• Payroll savings
• Regular saver and loyalty
• Christmas Club – A great way to save for
Christmas
• First saver account (for under 18s)- A great way
to encourage young people to save
PREPAID CARD
With the prepaid card account you can load your
cash onto your card either in branch or via the
phone
BILL PAYING / BUDGET ACCOUNT
We can prioritise your bills, take away the worry
and pay your bills each and every month.
Here’s some examples for
Prince Bishops Community Bank
PERSONAL LOANS
• Personal loans up to £7,500
SAVINGS PLANS
• Membership
• Payroll savings
• Regular saving
• Christmas Club – A great way to save for
Christmas
• Junior Saver Account. A great way to
encourage young people to save
PREPAID CARD
With the prepaid card account you can load your
cash onto your card either in branch or via the
phone
BILL PAYING / BUDGET ACCOUNT
We can prioritise your bills, take away the worry and pay your bills each and every month. By
paying your benefits directly to ourselves ensures
we increase your savings or even pay your bills or
loans you have taken out with us direct.
Unite’s Credit Union Service – www.unitecu.org – 0333 0110 450
Leeds City Credit Union – www.leedscreditunion.co.uk – 0113 242 3343
Prince Bishops Community Bank – www.princebishopscommunitybank.org.uk – 01207 232 351
Transsave – www.transsave.co.uk – 0114 243 8437
10
NEYHnews
NEYHnews | January 2017
TAKING ACTION ON STRESS AND
MENTAL HEALTH
Unite is taking action on stress and mental health nationally. In our region there have been briefings for
officers, bespoke mental health training in several workplaces and a major mental health programme
planned for 2017 at United Biscuits.
Nationally mental health has been on the agenda of the National Disabled Members’ Committee for some
time and other sectors such as the Road Transport Retail Logistics Sector are also taking action on stress
and mental health.
EQUALITY ACT 2010
Stress is not just a health and safety issue. TUC research published in Autumn 2016 – ‘Still just a bit of
Banter?’ - found that more than half the women polled had experienced some form of sexual harassment at
work.
Under the Equality Act sexual harassment is unlawful. It is defined as unwanted conduct of a sexual
nature which has the purpose or effect of violating someone’s dignity, or creating an intimidating, hostile,
degrading, humiliating or offensive environment for them. Harassment, as well as being humiliating and
demeaning and unlawful, can have a detrimental effect on a worker’s mental health.
People with mental health illness are faced with discrimination at work and in society. The definition of
disability under the Equality Act includes mental impairment such as long-term depression: “a physical
or mental impairment which has a long-term adverse effect on your ability to carry out normal day-to-day
activities”.
WANT TO FIND OUT MORE?
For more information about occupational health and safety please contact the Unite Health and
Safety Unit – [email protected]
For more information about Conference decisions you can read the Summary of Decisions http://www.unitetheunion.org/unite-at-work/unitepolicies/
TUC report - Still just a bit of banter? (2016)
https://www.tuc.org.uk/sites/default/files/SexualHarassmentreport2016.pdf
TUC report Good Practice in Mental Health (2015)
https://www.tuc.org.uk/sites/default/files/GoodPracticeMentalHealth_0.pdf
HSE Work-related stress website
http://www.hse.gov.uk/stress/
TUC Safety Reps Guide to the HSE Stress Management Standards
https://www.tuc.org.uk/workplace-issues/health-and-safety/guides-and-reports-reps/stress/safety-repsguide-hse-stress
Unite leaflet - ‘Work-related stress’
http://www.unitetheunion.org/uploaded/documents/Guide%20to%20work-related%20stress%20(Unite%20
booklet)11-5105.pdf
NEYHnews
11
NEED TO GET IN TOUCH?
REGIONAL OFFICE
55 Call Lane
Leeds
LS1 7BW
GRIMSBY OFFICE
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Osborne Street
DN31 1EY
HULL OFFICE
Anchor House
Silvester Street
HU1 3HA
T: 0113 236 4830
T: 01472 355 421
T: 01482 420 308
MIDDLESBROUGH OFFICE
Fry Street
Middlesbrough
TS1 1HA
NEWCASTLE OFFICE
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NEWCASTLE
NE1 8TW
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SOVEREIGN COURT
300 BARROW ROAD
S9 1JQ
T: 01642 242 314
T: 0191 300 2107
T: 0114 321 0702
www.unitetheunion.org/northeastyorkshirehumberside
UniteintheNEYH
@UniteintheNEYH
GOT A STORY?
CONTACT THE EDITOR – [email protected]
EDITION NUMBER:
JANUARY 2017