Employers will have to protect their staff from stress - or risk legal action, the HSE has warned.
HSE's Management standards for stress says employers must support their employees and ensure they do not feel overly pressured in their roles. The watchdog says positive feedback after a trial with 24 companies has prompted it to make the stress standards more widely available. It says the blueprint has been placed on HSE's website to encourage all sizes and all types of companies to have a go.
Firms will be expected to meet six guidelines to avoid stress:
TUC's Owen Tudor welcomed the move, saying: 'employers have got to get a grip on stress, or face the consequences. Workers can be happy and healthy if employers manage risks sensibly.'
For more information, see http://www.hse.gov.uk/stress/index.htm.
Computer workplace ergonomics - The US Communications Workers of America (CWA) union has published an online guide to computer workplace ergonomics. Comprehensive and accessible, the guide covers: Visual symptoms; musculoskeletal symptoms; job stress; computer workstation design; workplace design; work organisation; and 'other health concerns. It rounds off with this: "The key to making the workplace safe for all members is strong, active local safety and health committees."
http://www.cwa-union.org/osh/FactSheets.asp?ID=338
The next meeting of the AMICUS Greater Manchester IT branch is:
6pm, Thursday 3rd July
Upstairs, Hare & Hounds pub, Shudehill, Manchester City Centre, M4 4AA.
Map here.
It's near the spiral ramp to the Arndale Car Park
The meeting will include discussions on workplace reports, and hear reports from the union conference.
We're sorry to report that one of our reps, Harji Panchani, has now left the company. Thanks to Harji for all his hard work during his time as a rep.
This means we now have a vacancy on the reps committee. Given the current situation, we're keen to fill it as quickly as possible. If you're interested, or want to suggest a colleague, please email Rep Ian Allinson straight away.
It's been a busy week in AMICUS.
First the AMICUS-MSF conference, attended by delegates from MSF branches across the country. Two MAN05 reps were among the three delegates from the Greater Manchester IT Branch. An official report of the decisions is gradually appearing here. You can hear and discuss reports from our delegates at our branch meeting (see below).
Second was the Joint AMICUS Rules Conference on Tuesday, attended by delegates from both MSF and the AEEU. The conference approved a new rulebook for the whole of AMICUS, which will take effect on 1 January 2004. Ian Allinson reports: "I think the new rulebook is a significant step backwards in terms of democracy for MSF members. Both our branch delegates at the Rules Conference were among those who voted against. However, the debate is now over, and we must all work with the new structures. If there are things we don't like, we must work to change them." You can read it for yourself here if you are so inclined!
Third, the AMICUS-AEEU conference, which is still going on. See http://www.aeeu.org.uk for reports.
And all this came on the back of the ballot over whether AMICUS should continue to have a "political fund". The result was an overwhelming "YES" - see here. This will help ensure that employers won't be the only political voices the government has to listen to.
Q1: Who is being balloted?
A1: AMICUS members employed by Fujitsu Services and based at West Gorton, including home workers with a West Gorton administrative base. If you want to check whether you are included in the ballot, contact Ian Allinson or Alan Jenney.
Q2: How and when will I get my ballot paper?
A2: It will be sent to your home address. We expect them to be sent out on
Q3: What is the question on the ballot paper?
A3: There will be two questions on the ballot paper: "Are you prepared to take part in strike action?" and "Are you prepared to take part in industrial action short of a strike?". Your reps wanted a single question for both forms of action (as in the indicative ballot), but are advised that the anti-union laws require the questions to be asked in this way.
Q4: Can I vote YES to one question and NO to the other?
A4: You can, but your reps discourage it. With our current level of membership, we believe it will only be possible to organise effective action short of strike if we first have a strike to raise the profile of the action amongst non-members. This was the basis of the plan of action overwhelmingly agreed at the Extraordinary General Meeting (EGM) of members.
Q5: What happens if there isn't a YES vote to both questions?
A5: The company would be likely to treat this as a green light to ignore our union recognition and redundancy agreements, with serious consequences for us all. There would be no realistic prospect of a negotiated settlement to our pay claim.
Q6: What happens if there is a YES vote to both questions?
A6: AMICUS will try once again to negotiate a settlement. If that proves impossible, the action decided by the members will be called.
Q7: What action is planned?
A7: If we have to take action, it has to be called by the appropriate officers of the union, in order to comply with the law. However, they will not call any action in our dispute unless it has previously been agreed by a General Meeting of members. Members at the EGM on 3rd June decided:
In the event that the ballot results in a "Yes" vote, and an agreement has not been reached, our initial plan for the first phase of industrial action is:
1. A one-day strike on the first day of action
2. Action short of strike, consisting of:
a. Withdrawal of goodwill. This means stopping all the extra things we do to help the company run smoothly, over and above what is formally required of us. Examples (not exhaustive) include stopping:
i. Doing work prior to being given a charge code or call number
ii. Using our own cars for company business (except where in receipt of an allowance in lieu of a company car)
iii. Overnight stays away from home
iv. Working outside our normal hours (including travel)
v. Responding to “out of hours” requests when not being paid for standby and overtime
vi. Making ourselves easily contactable by mobile phone or pager
b. Taking full breaks. This means taking appropriate breaks away from work, stopping work for lunch, and VDU users ensuring that they have at least 10 minutes every hour not using their VDU.
c. Helpdesk staff ensuring all calls are logged carefully and thoroughly, making appropriate use of Make Busy and Do Not Disturb.
d. Setting up an Out Of Office reply to cover the strike day and non-work periods such as overnight or weekends. This should be based on “Fujitsu Services staff at West Gorton are currently taking industrial action because the company is breaking its union recognition and redundancy agreements, and over a pay claim. Apologies for any inconvenience caused. If you want more information or to join AMICUS, see www.ourunion.org.uk. Please send messages of support to solidarity@ourunion.org.uk.”
For the avoidance of doubt, subsequent General Meetings can change or extend this plan, but we must give at least seven days notice to the company before any action.
Q8: Can I get into trouble for taking part in industrial action?
A8: Many forms of industrial action involve you breaking your contract. However, the law protects you from dismissal for taking part in lawful industrial action for the first eight weeks.
Q9: What other forms of pressure can we use?
A9: With the help of the Action Committee and our Full-Time Officers, your reps are looking at all options. Members already decided at the EGM to:
launch a petition in defence of our rights at work
encourage our workmates to join the union
explore legal action to force the disclosure of information for our pay claim without confidentiality restrictions
use the media to put pressure on the company
use AMICUS political contacts and ask current and potential customers to put pressure on the company
hold a protest rally at MAN05
Q10: Would industrial action be effective?
A10: Yes. Staffing levels at MAN05 have been cut and cut. Many teams struggle when one or two people are off, let alone whole groups. More MAN05 staff are involved in direct service-provision than ever before - their action would have an immediate impact on customers and Service Level Agreements.
Your reps provided ballot information to AMICUS officers on Friday 13th June. The union issued a legal "notice of ballot" to the company on Tuesday 17th June, but your reps didn't receive a copy until Thursday 19th June, when we discovered that the notice had been issued incorrectly. We managed to stop the ballot, and asked for it to be restarted with the problems corrected.
We expected a fresh notice of ballot to be issued to the company on Monday 23rd June. It now appears this is likely to happen early next week. Legally there has to be at least seven days between the issue of the notice and the ballot papers going out. This means that ballot papers aren't likely to be sent out until the week beginning 7th July.
Naturally your reps are very frustrated at these delays, and the difficulty we've had in finding out what's happening. We've not been helped by the fact that the AMICUS conferences are taking place this week, occupying the time of many of the officers involved.
To: Members to be ballotted for industrial action
For technical reasons it has been necessary to reschedule the ballotting process. We are awaiting a revised timetable from our full-time union colleagues organising the ballot and will notify the new dates as soon as we have them.
The petition for "MAN05 Employee Rights" is being widely circulated on site. If you have not yet signed it please ask any rep to provide you with a copy. Alternatively, it is available here and from the union office. Collecting signatures from home-based members can prove difficult - can we appeal to those of you who are unlikely to be on site this week to print a copy, sign and return to Ian Allinson or Phil Tepper?
Legal notice has now been given to Fujitsu Services of the industrial action ballot. The dispute is over the company's breaches of our union recognition and redundancy agreements, and over our pay claim. Only members at MAN05 (including home-based workers with MAN05 as their admin base) can be included in the ballot. Employees who joined the union after the notice of ballot was given cannot be included in the ballot.
If you want to check whether you are included in the ballot list or your home address details, please contact Alan Jenney as soon as possible. Similarly, if for any reason your circumstances change in a way that could affect your eligibility to vote, or your home address changes, you must let us know immediately.
We anticipate that ballot papers will be sent out on Tuesday 24th June, with a closing date of Tuesday 8th July. The result should be available soon after the ballot closes.
What can you do to help?
Highlights from last week's AMICUS branch meeting:
Want to know more about any of this, or get involved? Get in touch.
Following the excellent Extraordinary General Meeting (EGM) last week, your reps are working hard to put your decisions into action.
Ballot: information has been sent off to the relevant AMICUS officials, and we are awaiting a timetable for ballot papers to be sent out. Don't forget you can check whether you are included in the ballot, and that your home address is correctly recorded, by contacting Dave Francis.
Action Committee: Thanks to everyone who volunteered. We've filled one or two gaps since the EGM, but still need more volunteers. We will be organising its first meeting shortly.
Political campaign: we've started the planning to target sympathetic MPs and Councillors who have influence with Fujitsu Services customers.
Petition: The petition for "MAN05 Employee Rights" is available here, from your Rep, or from the union office. So far, almost everyone asked has signed it, whether union members or not. Can you take it round your area? Or can you lend a hand for a while petitioning outside the MAN05 restaurant on Friday lunchtime? We'll be there between 12:00 and 13:30. Petitioning is also a great way to get talking to non-members about joining the union.
Recruitment: AMICUS membership across Fujitsu has grown by 10% in the last two months. Keep up the good work.
Media: we've started preparing the information we'll release to the media and to other trade unionists, asking for support. If you've been personally affected by any of the issues covered in the dispute (e.g. been denied sick pay, needed individual representation, suspected pay discrimination, been paid way below the pay scales, had no rise for years, been picked for redundancy with no consultation, had a grievance ignored, etc) and would be prepared to write a short report of your experiences, or speak to the media, please email Rep Ian Allinson.
The company have not been idle either. We understand that management in some areas are already making preparations to try to undermine the effectiveness of any action we take. The slow legal balloting process obviously helps them in this. However, they only know our plans for the first phase of any action, and the Action Committee will come up with further effective ideas, should we need them. The company response shows how seriously they take the possibility of action - how far do we have to go before they remove the need for action by negotiating seriously?
Rumour buster: there is a rumour circulating among a few employees that the union wanted to "give away" their bonus. This is not true. At the Works Conference on pay, your reps proposed a voluntary scheme where employees could choose to convert some/all of their bonus entitlement into a pay rise. We believe most employees would have taken such an option (as a pay rise is worth far more than a bonus), but were not seeking to impose it on those staff who preferred a bonus.
Unions mock 'voluntary' long hours culture
Union leaders have made light of a new report by a bosses' organisation that claims most people work long hours voluntarily. The Institute of Directors said campaigners who argued for a better balance between work and home life often distorted the truth. The IoD report's author, Ruth Lea, said it was untrue that UK had a 'long hours culture' and was full of 'overworked workaholics.' Ms Lea said it was not true that people in the UK worked the longest hours in Europe because Greeks worked longer hours. 'But the work-life balance protagonists ignore this and run an anti-business agenda that seems hell-bent on demonising the workplace with a collection of, for want of a better phrase, 'urban myths',' she said. Brendan Barber, TUC general secretary, commenting at the weekend, said: 'If the IoD are right, millions of workers would be clamouring outside their workplaces today demanding to be let in and furious at being forced to take a Bank Holiday off.'
Take the Hazards "worked over" test.
Studies find there is no escaping work stress
Work-related worries threaten the well-being of the UK's workforce, with two-thirds of employees unable to leave work stress in the office. A survey of a cross-section of employees by IT services company Parity found the top three reasons given for high stress levels are unrealistic workloads (16 per cent), job insecurity (14 per cent), and long working hours (14 per cent). It found the workplace stress burden left 60 per cent of the working population looking stressed, tired and overworked to people outside of the workplace. Rick Bacon, managing director at Parity Resourcing Solutions, said: 'As staff are the most important asset of a company, managers simply can't afford to take a laissez-faire approach to tackling employee stress.' He added 'employers should encourage staff to take holiday regularly and offer flexible working hours if appropriate to make for a more effective working environment.' A larger study from Royal and SunAlliance found that one in three men and one in six women were too busy to go on holiday. The study urged companies to make sure their staff take all their holidays.
Are you sick of work too?
Flexible working is a top way to reduce workplace sickness absence, according to a new survey. The research by software company Crown Computing found a third of people would be less likely to take an unauthorised day off if they could work more flexibly, while 40 per cent would think again if they knew their company was keeping a record of their absences. Managing director of Crown Computing Mike Hawkesford said: 'While keeping an eye on absences can help identify trends and patterns among specific areas of a workforce, developing an understanding that you have a problem is not good enough. Businesses need to manage absence as and when it happens.' TUC's Owen Tudor commented: 'Two measures would have the most immediate and dramatic reduction in sick leave - creating better, flexible, safer, more satisfying and properly staffed jobs and introducing supportive sickness absence and rehabilitation policies in consultation with unions.' He added: 'All the evidence shows that the great majority of sick leave it taken for genuine reasons - actual sickness or family emergencies. Frog-marching sick workers through the gates is certainly not the answer.'
Lesbian, gay and bisexual workers will have protection from discrimination at work on grounds of sexual orientation for the very first time in the UK because of new regulations coming into force from 1 December 2003. The TUC briefing summarises these new rights:
http://www.tuc.org.uk/equality/tuc-6638-f0.cfm
AMICUS at MAN05 has been long pushing for better protection from discrimination on many grounds. We got a commitment to Equal Opportunities enshrined in our union recognition agreement - much better than the general Fujitsu Services policies.
http://www.cafevik.fs.fujitsu.com/viewer.asp?/content/0289/public/00002/recognition.htm
Anyone living alone and working away from home might like to check their home insurance policy. A member has highlighted that many policies won't automatically cover you if you're regularly away for more than a certain number of nights per week. You might need to get better security, or have a higher excess.
After taking the matter up through the UKCF, the Expenses Guidelines have been changed to include the paragraph:
Employees who will be leaving their home unoccupied whilst on secondment should contact their insurance company to check that their home continues to be insured. Any additional cost incurred for increased premiums can be reclaimed from Fujitsu Services through the expenses procedure.
The new agreement for what used to be the European Consultative Forum (ECF) has at last been published. It's now called the Fujitsu Services Consultative Forum (FSCF), as it is being extended beyond Europe. Read more here.
The latest minutes (14 May) of the UK Consultative Forum (UKCF) are also available here.
Can you spot the two "whoppers"?
The FSCF and UKCF are useful sources of information, and allow employee reps from around the company to meet up to discuss issues. They also provide reps access to senior management, which can be useful. However, they are (at best) for "information and consultation" rather than "negotiation", and have no teeth. No substitute for good union organisation.
As instructed by Tuesday's meeting, reps have now formally lodged our "Failure To Agree" on pay. You can read that (and the company HR Director's last response to our last meeting) here.
Fujitsu Services intends to introduce a new pay structure nationally in 2004 called "broad banding". This is the latest Human Resources fad, and you can read some of AMICUS-MSF's concerns about it here. So the changes could make the pay structure more obscure, less fair, and make it harder to see what you should be getting.
We're also launching a petition in defence of employee rights at MAN05. You can print one off from our "MAN05 Union" CafeVIK community here.
We want as many Fujitsu Services MAN05 staff to sign this as possible, including non-members. Of course, if non-members sign, you might want to ask them to join too - it's a great way to broach the subject. The petition is an important way to pre-empt attempts by management to claim AMICUS does not represent the workforce, to justify de-recognition.
Meanwhile, volunteers to fill the gaps on the Action Committee are coming in. Please keep them coming - we need every department represented.
Don't forget tonight's branch meeting, open to all members of the AMICUS Greater Manchester IT Branch:
6pm, Thursday 5 June
upstairs, Hare & Hounds pub, Shudehill, Manchester City Centre, M4 4AA
The main item for discussion is pensions, with a guest speaker from the Manchester TUC Pensioners association. Our very own Dave Francis, an AMICUS rep on the ICL Pensions Consultative Committee, will also be there.
A big thank you to all the members who turned out out for our Extraordinary General Meeting yesterday. Here is a summary report.
This was the biggest meeting at MAN05 for many years, with over a hundred members attending.
Reps reported on the company's "union-busting" activities, breaking agreements and bypassing agreed procedures.
Reps reported on the final stage of the pay negotiations last week, and presented the written response from the Group HR Director.
This response means:
a) that the company was unable to challenge the justice of our claim
b) that the company was unwilling to make any tangible offer at all
c) that the company's objection was to doing any deal at all (treating MAN05 differently), not that our claim was unreasonable
We're quite happy for the rest of the company to be treated as well as we can achieve at MAN05 with union recognition, but not happy at the company's attempts to "level down" our rights to what we'd have with no union.
The meeting overwhelmingly endorsed motion 1...
Motion 1:
We note:
1) The overwhelming support for our MAN05 Fujitsu Services pay claim from MAN05 staff shown by the petition, and the 2:1 vote for action in our indicative ballot
2) Management's refusal to make a commitment to work with AMICUS and the EOC on an Equal Pay Audit
3) Management's refusal to make a firm commitment to end the deduction of pay for helpdesk staff who are off sick
4) Management's refusal to offer any minimum rise for employees, despite the company’s return to profitability
5) Management's failure to tackle the problem of under-payment - with many MAN05 staff being paid below the bottom of the company's own pay scales
6) Management's policy of keeping pay and benefit scales secret from employees
7) Management's refusal to convert bonus entitlement into basic pay
8) That some employees have been demoted without their knowledge, as part of the "mapping" from old to new Professional Community roles
9) Management's attempts to deny members' right to individual representation under our recognition agreement
10) That management now implements decisions before hearing grievances, a clear indication that they don't intend to reach agreement. This is contrary to normal industrial relations practice, and in breach of our recognition agreement
11) That management are failing to consult the union before moving people into Linkwise or offering Compromise Agreements, in breach of the Security of Employment Agreement (SEA)
12) That management are putting people at risk of redundancy with a consultation period of less than 90 days, in breach of the SEA
13) That management are not recognising the status of the SEA as a collective agreement
14) That management refused the AMICUS offer of a Works Conference (final stage grievance meeting) to discuss the attacks on the union
We believe:
1) That AMICUS has gone to great lengths to reach agreement with the company
2) That management are engaged in "union-busting" - breaking agreements they have already signed, and deliberately avoiding reaching agreement
3) That we must resist these attacks if there is to be any justice or dignity for Fujitsu employees
We resolve:
1) To register a Failure To Agree on our pay claim
2) To ballot for industrial action, up to and including strike action, on both pay and the attacks on our union rights
3) To campaign for a "Yes" vote in the ballot
4) To launch a petition in defence of our rights at work
5) To encourage our workmates to join the union
6) To explore legal action to force the disclosure of information for our pay claim without confidentiality restrictions
7) To use the media to put pressure on the company
8) To use AMICUS political contacts and ask current and potential customers to put pressure on the company
9) To hold a protest rally at MAN05
10) To set up an "Action Committee" to ensure members from every part of the site are involved in organising our campaign
11) To continue our efforts to reach a negotiated settlement to this dispute
The "Action Committee" was explained as follows:
The Action Committee has no formal responsibility. It consists of both Reps and members. It is a way of expanding the reach of the union, by involving members from all areas of the site. This is what it can do:
It was important that every area of the site was represented, to ensure that the impact of decisions on different jobs and departments were fully considered. Members were elected at the meeting to cover the majority of the site, but some areas still have vacancies which need to be filled.
The meeting overwhelmingly endorsed motion 2:
The role of the Action Committee includes collecting, assessing and monitoring the effectiveness of ideas for industrial action. Decisions on what action will be taken at General Meetings open to all AMICUS members involved in the dispute.
In the event that the ballot results in a "Yes" vote, and an agreement has not been reached, our initial plan for the first phase of industrial action is:
1. A one-day strike on the first day of action
2. Action short of strike, consisting of:
a. Withdrawal of goodwill. This means stopping all the extra things we do to help the company run smoothly, over and above what is formally required of us. Examples (not exhaustive) include stopping:
i. Doing work prior to being given a charge code or call number
ii. Using our own cars for company business (except where in receipt of an allowance in lieu of a company car)
iii.Overnight stays away from home
iv.Working outside our normal hours (including travel)
v. Responding to “out of hours” requests when not being paid for standby and overtime
vi.Making ourselves easily contactable by mobile phone or pager
b. Taking full breaks. This means taking appropriate breaks away from work, stopping work for lunch, and VDU users ensuring that they have at least 10 minutes every hour not using their VDU.
c. Helpdesk staff ensuring all calls are logged carefully and thoroughly, making appropriate use of Make Busy and Do Not Disturb.
d. Setting up an Out Of Office reply to cover the strike day and non-work periods such as overnight or weekends. This should be based on “Fujitsu Services staff at West Gorton are currently taking industrial action because the company is breaking its union recognition and redundancy agreements, and over a pay claim. Apologies for any inconvenience caused. If you want more information or to join AMICUS, see www.ourunion.org.uk. Please send messages of support to solidarity@ourunion.org.uk.”
For the avoidance of doubt, subsequent General Meetings can change or extend this plan, but we must give at least seven days notice to the company before any action.
What happens next?
Your reps will formally register a "Failure To Agree" with the company over the pay issue, and ask AMICUS to carry out a postal ballot of members on industrial action.
The scope of the ballot will be AMICUS-MSF members employed by Fujitsu Services at MAN05, including homeworkers with MAN05 as their admin base. If you are in any doubt as to whether you will be included in the ballot, or wish to check your details (particularly home address), please contact rep Dave Francis.
A motion will be proposed at the next meeting of our union branch to ensure funds are available to support our dispute. Please ensure there is a good turnout, so that the motion is carried. The main business of the meeting will be a guest speaker, questions and discussion on pensions - a key issue for us all. The meeting is 6pm-7:30pm, Thursday 5 June, upstairs, Hare & Hounds pub, Shudehill, Manchester City Centre. If you need a lift or directions, please email Rep Ian Allinson.
Don't forget the Extraordinary General Meeting tomorrow (Tuesday), at 3pm, in the MAN05 restaurant. This is for all AMICUS members employed by Fujitsu Services at MAN05 (including home based employees with a MAN05 admin base).
This is the most important union meeting for many years, and will take key decisions. Make sure you and your colleagues attend - make sure your department is well represented.
The proposed agenda is:
1) Report on Union Busting and Discussion
2) Report on Pay Negotiations and Discussion
3) Motions
4) Summing Up