To see an electronic copy of our latest paper one-per-desk leaflet on CafeVik, click here (a local version is here).
This leaflet was produced for our Manchester Central Park site.
Since Unite launched its national organising campaign across Fujitsu, company and union representatives have discussed facilities for organising. As a result of the discussions, Fujitsu have proposed the following national protocol:
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Introduction UNITE is committed to organising unorganised workers. The IT industry, including Fujitsu Services, is a target area for union growth. The company acknowledges that UNITE has the right to contact its employees and seek to recruit and involve them in the union. The union acknowledges that the company has a legitimate interest in encouraging the orderly and responsible conduct of union activity. This agreement is intended to establish a protocol for good industrial relations in those parts of the company in the UK and the Republic of Ireland where there is not currently union recognition. Arrangements where there is union recognition are unaffected by this agreement. Neutrality The company believes it is a matter of personal choice whether an employee wishes to join or get involved in a trade union. The company will ensure that, in their management capacity, managers, HR and others in responsible positions do not act to encourage or discourage union membership or involvement and that union members do not suffer any detriment as a result of their membership or legitimate activity. The company acknowledges that all its employees have the right to be union members and to take part in legitimate union activity. For example:
Company contact points The company will provide the union with contact details for nominated individuals the union can communicate with at national and local level. Representatives The union will inform the company contact points of the accredited representatives, so that the company can provide them with facilities in accordance with this agreement. Officers The union will inform the company which officers are covering key sites. The company will consider arranging meetings between those officers and local managers to encourage good working relationships. Recruitment and Campaigning The union will inform the relevant company contact points in advance if there are plans for union officials or members to carry out visible/public recruitment/campaigning activities at a particular site (for example distributing a leaflet outside). The company will consider each case and will propose to the union an appropriate location for distributing the leaflets at the site entrance which, while normally off site initially, enables the leaflets to be offered to employees in an orderly manner. The union will consider whether the specific proposals are acceptable. The company will inform employees in a neutral way about the planned activity. The company will tell the union who they can contact and meet on arrival to make any necessary arrangements. The company will not use the advance notice to obstruct, prevent or minimise the effectiveness of the activity. Individual Representation The company acknowledges that UNITE has accredited representatives at various company sites, including many where there is currently no union recognition agreement. The company acknowledges that trained, accredited, union representatives can accompany members at individual disciplinary and grievance hearings regardless of whether the union is recognised in that part of the organisation. Union Recognition The Company will discuss with UNITE requests for recognition on sites not currently covered with a view to reaching some form of agreement. One option for agreement in response to such requests would be to extend the scope of the recognition agreement currently covering the Manchester Campus and associated home based workers. Review of this protocol This protocol will be jointly reviewed at least every three months. If the initial arrangements are working satisfactorily, further discussions will be held on extending facilities. On a site by site request, these may include the following:
The following facilities would require a formal national agreement:
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The proposal doesn’t go as far as UNITE would have liked in giving practical assistance for members not yet covered by union recognition. UNITE has agreed to put the proposal to a vote of members, but is not making any recommendation for acceptance or rejection.
A separate email will be sent out for you to vote (unless you’re in Manchester which is not affected by this) in the next few days.
To show good-faith in the process, the company has also agreed to:
1. Allow Terry Thompson, Sarah Holden and the local Reps from Unite to meet Warrington employees during an agreed lunch-time, on company premises.
2. Following this meeting, Larry Upton, Terry Thompson and Sarah Holden will meet with the Warrington Reps to discuss further facilities. This will take place prior to Unite balloting members on the Manchester offer.
The company sent the following notice to Manchester staff earlier this week:
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From: Communicating To: All Employees based at MAN33, MAN34 & MAN35 Cc HR Managers, HR Advisers, HRLT Fujitsu Services & Unite – The Union (formerly Amicus) Notice agreed between the negotiating teams Talks between Fujitsu Services and Unite – The Union (formerly Amicus) have been taking place recently under the auspices of the Arbitration Conciliation and Advisory Service (ACAS), in an attempt to resolve the Manchester dispute. The talks have made good progress and the two negotiating teams have now agreed the text of proposed new agreements which the company is prepared to offer and the union negotiating team is prepared to recommend for acceptance. These documents have now been sent for legal checks, after which the offer will be finalised. The offer will cover many issues including union recognition, redundancy and redeployment rights, pay and benefits. It will affect all Central Park employees and some HOM99 employees. The next steps will be:
In view of the need for this process to be carefully followed, the proposed new agreements are not available at this stage. The company and Unite are discussing what further training will be needed for managers and representatives, after agreement is reached. Larry Upton Terry Thompson |
The Amicus section of UNITE – The Union held its delegate conference recently. You can read all the decisions of the conference online.
Postal workers in the CWU are staging further strikes as part of their campaign over pay and to defend the postal service. The CWU has produced a leaflet explaining the dispute.
As part of the Amicus “Africa Matters” campaign, the union has produced a free online training course in partnership with Action for Southern Africa and the University of Leeds. The course covers:
More information is available on the Amicus web site.
Sex discrimination at job interview
Karen Rylance, an Amicus member with two daughters applied to Brookson Limited for a job as an Executive Assistant. The interview began with a question from the HR manager asking her whether she was married, whether she had children and then asking further questions about the names, ages and gender of her children. When the candidates were short listed for a second interview, Brookson did not short list any candidate that had young children and the successful candidate was a divorced woman with children of an age described as “being able to look after themselves”.
Amicus supported Karen in her sex discrimination claim. The Employment Tribunal found Brookson had a practice of not employing people with caring responsibilities and that the practice put women at a disadvantage compared with men. Brookson was criticised by the tribunal for their preconception that people with young children could not commit to the job. The tribunal also found that the questions asked of Karen were irrelevant to the job and therefore, unlawful. The case was finally settled prior to a remedies hearing.
After the hearing Karen commented “I'm really pleased with the outcome of the tribunal. Amicus and their solicitors, Rowley Ashworth, were very supportive throughout the entire process and did a fantastic job. I hope that my successful case gives people the confidence to take action – unless people stand up for themselves when they are discriminated against, employers will continue to get away with it and we can't allow that to happen”.
“Blind as a bat” comment amounts to disability discrimination
An Amicus member brought a claim for disability discrimination against MM Packaging UK Limited after he was referred to as “being blind as a bat” and dismissed in December 2005.
Mr A was employed by the company as a Production Operator from 31 January 2005 until 9 December 2005 . Mr A has been partially sighted since birth and is registered as disabled. On 1 December Mr A's manager noticed that he had placed a label on the wrong pallet and informed him that he wanted him to have an eye test. Mr A responded that he had an appointment with his specialist in two weeks' time and a full report could be obtained at that time to which his manager retorted, “I have heard you are as blind as a bat”. He then subsequently told him that he had to attend an optician's appointment arranged by the company.
Mr A contacted his manager to ask that a meeting be held to discuss his dissatisfaction with the comment and a request to see an optician when he already had a pre-arranged appointment with his own specialist. The following morning Mr A received a letter informing him that his employment had been terminated with immediate effect.
The tribunal concluded that the company had discriminated against Mr A on the grounds of his disability by referring to him as being “blind as a bat” and terminating his employment and awarded Mr A £14,638 in compensation, including £6,500 for injury to feelings.
Equal Pay Victimisation Victory for women
The House of Lords recently ruled in favour of 36 school catering workers who were victimised by St Helens Borough Council after they brought equal pay claims against the local authority. In a damming verdict, the five law lords unanimously backed the women in their claims against the council for sex discrimination and victimisation. Upholding the original £560,000 award for equal pay, the women were awarded additional £350,000 compensation after the Council sent a letter to all catering staff saying that their jobs were at risk if the women pursued the claim.
NHS worker wins job back in landmark case
A 67-year-old NHS employee who was sacked the day before the new age discrimination regulations came into force has won her job back in a landmark victory. Ann Southcott was dismissed from her post as a clerical worker and was told that she would receive the contractual requirement of 11 weeks pay, rather than the 11 months pay she would have been entitled to had she been dismissed a day later under the new legislation. Following a preliminary hearing the hospital agreed to reinstate Mrs Southcott and a group of other workers dismissed in similar circumstances.
UNITE has called a major demonstration demanding “Policies for the People”, to take place at the Labour Party conference in Bournemouth on 23rd September. This will bring together all the UNITE campaigns, ranging from Offshoring to Housing, from Pensions to Agency labour, and Privatisation to Pay.
Let’s make sure there’s a good turnout from Fujitsu. UNITE is organising transport – if you’re interested in going, please get in touch as soon as possible.
For more information, see www.amicustheunion.org/marchwithamessage.
Fujitsu’s UK Consultative Forum (UKCF) has published a report on its May 2007 meeting on CafeVIK. Not all of the subgroup reports are there yet, because of difficulties in getting HR agreement to the contents.
In October, the company will hold elections for representatives to fill all the seats on the UKCF. Though the UKCF is not a union body, UNITE and the other unions in Fujitsu work together to try to make it as effective as possible. The unions have been working together to try to identify candidates who can have the support of all trade unionists in the company.
Though the UKCF can never be a substitute for an effective independent trade union, it can play a positive role. It’s also important that the UKCF and the unions work together constructively. Having union members on the UKCF helps get the best from it - benefiting everyone.
If you’re interested in standing, please get in touch.
The UKCF held a further meeting yesterday.
The next meeting of the UNITE-Amicus Greater Manchester IT Branch is:
6pm-7:30pm, Thursday 2nd August
Upstairs, Hare & Hounds pub, Shudehill, Manchester City Centre, M4 4AA
[near the spiral ramp to the Arndale car park and the Shudehill Metrolink station]
All branch members are welcome to attend.
Don’t forget that we’re inviting nominations and volunteers for Reps, Health & Safety Reps and Union Learning Reps.
Having a broad team of well-trained reps is crucial to ensuring Unite is as effective as possible on behalf of its members.
If you wish to volunteer or nominate someone else, please do so by Monday 30th August:
1) The member making the nomination needs to send us an email saying who they are nominating and for which position(s) (i.e. Rep, Health & Safety Rep or Union Learning Rep).
2) The nominee / volunteer needs to send an email to us including some information:
a) Which position(s) they are standing for (i.e. Rep, Health & Safety Rep or Union Learning Rep)
b) Name
c) Work phone numbers - internal & external
d) Site and area
e) Department
f) Optionally, a statement of NO MORE THAN 100 WORDS which would encourage people to vote for you. [Previous examples are available on request]
Only UNITE members employed by Fujitsu and based at MAN33/34/35 (including those based at HOM99 with an admin base of one of those sites) are eligible to stand. (Members elsewhere elect their own reps at their own meetings).
Reps, Health & Safety Reps and Union Learning Reps are allowed work time to carry out their duties, and full training is available.
Reps’ responsibilities are varied, including advising members, individual representation, research, communication, campaigning, recruitment, organising and negotiating. Not all reps do everything - we work as a team.
Health & Safety Reps and Union Learning Reps have distinct specialist roles which are separate from being a Rep.
If you want to know more before deciding whether to stand, contact any of our current reps.
Don’t forget the “Reinstate Karen Reissmann” public meeting tomorrow evening:
6pm, Wednesday 25th July
Cross St Chapel, Cross Street, Manchester City Centre
Ballot papers for a strike to defend Karen against victimisation are due to go out on Thursday, so this meeting is very important for their campaign. A leaflet is available online, or from the union office desk in MAN34-G-E.
Karen and her UNISON Manchester Community & Mental Health branch gave us massive moral, practical and financial support during our dispute, so let’s make sure we have a good turnout to support their fight against Karen’s suspension from work.
The CWU have announced more strike days for postal workers in their campaign over pay and to protect the postal service. They have issued a leaflet for the public explaining the issues. Their next planned strikes are:
This week:
- Mail Centres (e.g. Oldham Road, Manchester) will be out from 7pm Wed 25 July until 7pm Thurs 26th July. Note that they actually start their strikes on the shift change, which is 9-10pm.
- Local Delivery Offices will be out from 7pm Fri 27 July until 7pm Sat 28th July
Next week:
- Mail Centres will be out from 3am Tues 31st July until 3am Wed 1st Aug.
- Local Delivery Offices will be out from 3am Thurs 2nd Aug until 3am Fri 3rd Aug
Please show them support if you can.
A joint Manchester pay rally involving our colleagues from PCS, CWU, UNISON and NUT is taking place:
6:30pm, Wednesday 1st August
Mechanics Institute, corner of Princess St and Major St, Manchester
Speakers include Mark Serwotka (PCS General Secretary), Jane Loftus (CWU National President), Frank Hont (UNISON NW Regional Secretary) and Bryan Beckingham (Oldham NUT)
Unite has called a mass demonstration outside the Labour Party conference to highlight our campaigning issues such as an end to privatisation in public services, better management of the NHS, equality for temporary and agency workers, affordable housing for all who need it, and better pensions. The demonstration will be on Sunday 23rd September – Unite will be providing free transport for members to attend. Please get in touch if you’re interested in taking part.
During our dispute we have benefited from massive moral, practical and financial support from the UNISON Manchester Community and Mental Health branch. The successful outcome of their strike against NHS cuts was an inspiration for many of us. Their branch chair – Karen Reissmann, spoke at several of our rallies and events. Karen, who has been a nurse for 25 years and is an elected member of UNISON’s national health executive, was suspended from work on 15th June and is facing disciplinary charges (which could lead to dismissal) arising from her role as a union activist. Karen’s branch is asking supporters to:
- Send an email protesting to Sheila Foley, Chief Executive of Manchester Mental Health and Social Care Trust and copy her branch.
- Attend the “Reinstate Karen Reissmann” public meeting at 6pm on Wednesday 25th July at the Cross Street Chapel, City Centre, Manchester (leaflet here).
- Send a donation (payable to “UNISON Manchester Community & Mental Health” to Manchester Community and Mental Health Branch, c/o union office , Chorlton House, 70 Manchester Rd, Manchester M21 9UN
Unite members working in the refuse department at Salford council are taking industrial action in protest at the abuse of agency workers. The agency staff (some of whom have worked there for many years) get paid far less than the council employees for doing the same work. Members have already taken two days of strike action and are taking action short of strike. This has a major impact on their earnings because of a weekly bonus arrangement. They plan a further strike on Tuesday. You could visit their picket lines at Turnpike House, Eccles New Road, Weaste, Salford. Their hardship appeal leaflet is here. Our reps have already decided to send them a £100 donation from our own strike fund and personal donations are encouraged.
Today Royal Mail postal workers in the CWU are taking their second day of strike action over pay and to protect the postal service. The CWU have produced this leaflet explaining their case. This campaign is part of a wider resistance to prices rising faster than earnings for the first time since 1977. The government’s policy of capping public sector pay rises below 2.5% is encouraging other employers to cut pay in real terms – affecting all our living standards. There are plans for a major pay rally (involving various unions) in Manchester at 6:30pm on Wednesday 1st August in the Mechanics Institute.
The reps committee has elected Nikki Aldridge as the chair of our group, after Sulayman Munir (the previous chair) left the company to take another job.
Over the last few months members have elected several new Reps, and the process of training them is now well under way. Nikki Aldridge and Jackie Cook have completed their Reps stage 1 training. Having a broad team of well-trained reps is crucial to ensuring Unite is as effective as possible on behalf of its members.
Since Sulayman left Fujitsu, we’ve had a vacancy for a Rep. Additional Health & Safety Reps and Union Learning Reps would also be useful.
If you wish to volunteer or nominate someone else, please do so by Monday 30th August:
Only UNITE members employed by Fujitsu and based at MAN33/34/35 (including those based at HOM99 with an admin base of one of those sites) are eligible to stand. (Members elsewhere elect their own reps at their own meetings).
Reps, Health & Safety Reps and Union Learning Reps are allowed work time to carry out their duties, and full training is available.
Reps’ responsibilities are varied, including advising members, individual representation, research, communication, campaigning, recruitment, organising and negotiating. Not all reps do everything - we work as a team.
Health & Safety Reps and Union Learning Reps have distinct specialist roles which are separate from being a Rep.
If you want to know more before deciding whether to stand, contact any of our current reps.
Over the past 6 months reps have been supporting the interests of Manchester staff in three separate TUPE transfers where work has been lost to other companies.
The TUPE laws (see the information leaflet we published last year) generally protect the Terms and Conditions (Ts & Cs) of people transferring, and oblige the companies to consult employees via their reps over any “measures” (changes) they propose. Naturally, the devil lies in the detail, so vigilance is vital.
The [name of contract removed] transfer took place on 31st March with three Manchester staff (all union members) moving to CSC (Computer Sciences Corporation). Serious issues arose over whether CSC would honour our members’ entitlements to the SEA (Security of Employment Agreement). Eventually, after much pressure from reps, CSC agreed to honour individual (SEA) severance terms for all three members. However, CSC refused to honour collective SEA terms, so the members, supported by their reps, raised grievances. The grievances transferred to CSC along with the employees. Unite reps within CSC have been able to continue giving members support after the transfer.
A number of staff involved in the [name of contract removed] transfer to Alfred McAlpine managed to find an alternative job within Fujitsu before the transfer took place earlier this week, so no Manchester-based UNITE members transferred across in the end.
The TUPE transfer of staff working on the [name of contract removed] contract to Atos Origin is pending.
In support of members affected by these TUPEs, reps have:
- attended briefings and presentations
- held meetings with those in scope to explain the process, to clarify people’s rights and to identify concerns
- advised staff on how to best safeguard their interests in this situation
- relayed staff questions / concerns to the company and passed back responses
- sought to prevent staff being short-changed over their contractual rights, including those arising from collective agreements
If you’re in scope and don’t want to transfer to the acquiring company, you need to secure another job within Fujitsu. Otherwise, you can’t refuse to transfer (without risking being considered to have dismissed yourself).
Any member who wants to stay in Fujitsu should consult a rep urgently, as reps can often advise on useful contacts and on routes to identify job opportunities to supplement “official” search methods.
The planned date for the [name of contract removed] TUPE is approaching, and reps were becoming increasingly concerned about the lack of progress in identifying the “measures” Atos proposed – a pre-requisite for meaningful consultation. Last week Unite raised a collective grievance (only possible because we have union recognition), raising the following key points:
Reps are pleased to report that this action has started to produce some progress. Rumours are also circulating that the transfer has been delayed, but this has not been officially confirmed yet.
Talks to settle the long-running Manchester dispute continue to make progress. Our negotiating team are hopeful that unless the company changes its position at the last minute, the approximate timescale for a settlement should be something like:
- Late July: Negotiating teams agree offer “subject to legal checks”, witnessed by ACAS and then send it to their solicitors
- 2-3rd August: UNITE trains its Reps, Health & Safety Reps and Union Learning Reps in the draft new agreements
- Early August: Negotiating teams review comments from solicitors, make any necessary amendments to finalise the offer, which is then witnessed by ACAS and published for employees to read
- Mid-August: Members discuss offer at an EGM and decide how they wish to vote on it (e.g. show of hands, email vote, postal vote)
- Late August: If members have accepted the offer, it is signed and becomes effective
Whether or not the current talks do succeed in producing a deal, there will be important campaigning and organising work to be done if we are to make the best of the situation. Unite is holding a meeting of the “Dispute Committee” to discuss this:
12:30pm, Tuesday 17th July
MAN34 G CR2
As usual, the meeting is open to all Unite members.
Climate Change is rising rapidly up the list of concerns for most people and organisations. Fujitsu wants to cut energy use for both financial and environmental reasons, and is putting the environment at the centre of its efforts to achieve recognition as a “socially responsible” company.
The TUC has launched a survey to find out more about how much people, and their employers, are doing to make their work more environmentally friendly: http://www.worksmart.org.uk/polls/fillsurvey.php?sid=14 (note that the competition is now closed).
Unions are pushing for the introduction of new speciality “Environmental Reps” in the workplace on a similar footing to Health & Safety Reps or Union Learning Reps.
Research in the USA covering people who worked for IBM highlighted a “significantly greater” than average incidence of certain cancers. It is thought likely that this arises from the substances and processes used in semiconductor and computer manufacture.
Though Fujitsu Services is no longer involved in manufacturing, many employees and ex-employees will have had contact with manufacturing at ICL or other companies.
For more information, see: http://www.amicustheunion.org/Default.aspx?page=4920
If you believe you may be affected by this issue, please get in touch.
Thousands of agency workers are entitled to greater employment rights after Unite won a legal ruling in favour of a group of Polish workers in the food processing industry, saying they should be considered employees rather than self-employed.
The case will have important implications for thousands of agency workers and the agencies who employ them, some of whom evade paying holiday pay, sick pay or pension rights by classing their workers as self-employed.
Unite has been pursuing the case since the members, who worked at Welsh Country Foods in Winsford, Cheshire, were evicted from their accommodation following dismissal in 2005.
The ruling enables Unite to take the workers’ case to the next stage to claim for unfair dismissal and victimisation for trade union activities. The group of Polish workers had recently got involved in the union.
In a damning indictment of the behaviour of “Consistent”, the agency concerned, the tribunal chairman summarised the case:
“I noted the frequency with which the first respondents in the documents sought to emphasise the absence of rights — holiday pay, fringe benefits, the right to complain of unfair dismissal. These were their real concern. They in practice retained a firm measure of effective control over the claimants’ working lives. They told them when and where they had to work, they might deny them days off, they provided them with transport and accommodation (taken away, as it proved, without notice). They ensured further economy in the claimants’ employment by charging them for domestic services that were not provided. Here were seekers after work who could not adequately speak English, newly arrived here, for whom any purported freedom to work or not work, to work for more than one employer, were unreal. They were discouraged from union membership. The first respondents wanted to constrain them so as to retain them as compliant people through whom they could meet the demands of their clients. But they did not want people with expensive and troublesome rights.”
Unite continues to put pressure on the government to introduce legislation to prevent the abuse of agency work, which takes across a wide range of industries, including our own.
UNITE continues to make progress in building up membership and organisation across Fujitsu. Recent activities include leafleting Cardiff and holding a members’ meeting in Warrington. We’re also pleased to welcome Gary Anderson as a new contact in IRE02.
If you’re interested in helping the campaign, please contact your reps.
After 12 days of strike action and with action short of strike ongoing, the talks to resolve the long-running Manchester dispute continue to make progress.
UNITE held a series of report-back meetings at Central Park in June. Progress in the talks continues and reps and officers are cautiously optimistic that they will produce an offer from the company which the union negotiating team can recommend to members for acceptance.
A few issues remain to be resolved before the company and the union negotiating team commit to an offer, after which it will be sent for legal checks. After any last changes as a result of legal checks, the offer would be finalised and published. UNITE then plans to hold an Extraordinary General Meeting (EGM) for members before putting the offer to the vote.
The latest “One Per Desk” leaflet distributed at Central Park covered individual representation, bonus and incentive schemes, and Compromise Agreements. Many of the points made are also relevant for staff on other sites.
UNITE reps from Manchester and Warrington met management for another of the regular monthly meetings on 21st June, following which the minutes from the April meeting were published (the May meeting had to be cancelled). The next meetings are scheduled for 19th July and 16th August.
Your pension is a major component of your pay, as well as being essential to ensure you are financially secure when you retire.
Though it’s easy to put off thinking about your pension when you’re young, it’s actually far more expensive to buy a pension as you get older.
Member Nominated Trustees
The right for members of pension schemes to nominate some of the trustees is a key legal protection for us. Fujitsu has been operating its schemes with an “opt out” from the standard arrangements, but soon this will no longer be permitted.
As a result, even though the schemes already have Member Nominated Trustees, new ones must be appointed under the new rules. This will almost certainly lead to fresh nominations and/or elections, subject to new guidance from the Pensions Regulator on the minimum skills and knowledge of trustees.
Free training
If you might be interested in being a trustee (or if you’re just interested in pensions), you can take the free online course for trustees set up by the Pensions Regulator: http://www.trusteetoolkit.com. Completion of this course will ensure that you have the knowledge and commitment trustees need.
Robert (Wilf) Williams, a UNITE rep in Warrington and currently a trustee on the Fujitsu UK (Defined Contribution) pension scheme, says “The course isn’t too difficult and there’s plenty of time to complete it before any call for new trustees.”
Pensions Champions
The Trades Union Congress (TUC) recently launched a scheme to build a network of “pensions champions” who can provide information and (non-regulated) advice in workplaces around the country.
You can find out more here:
http://www.pensionschampions.org.uk/
Ill-health, absence from work and disability issues are amongst those most likely to lead employees to seek help from their union. Company resources and policies play a big part in shaping how we’re all treated when we’re unwell.
A key document is the company “Absence From Work Policy”.
The company has provided UNITE with draft versions of a new policy and guidelines. An initial glance suggests these would mean more hassle for most of us. Are the practices piloted in the helpdesks spreading to the rest of Fujitsu?
UNITE has published the drafts on CafeVIK. What do you think? Your reps would welcome your comments, which we need by Tuesday 17th July.