Following discussions, all issues in relation to both Phil Tepper and the member who had been dismissed have now been resolved.
As a result, the protests planned for tomorrow (Friday 1st April) are cancelled and all other activities for the campaign over Phil’s case should cease.
Phil would like to express his gratitude for all the kind messages he has received.
Fujitsu has charged Phil Tepper, a well-respected UNITE Rep, with gross misconduct – a charge that could result in instant dismissal at his hearing which is scheduled for Friday.
The charge entirely arises from his work as a safety rep, investigating complaints of work-related stress raised by members. This victimisation threatens the ability of any rep to deal with any issue on behalf of any employee.
UNITE is mounting a vigorous campaign to defend Phil, and has issued the newsletter below. Please take a few minutes to read it, especially the section at the end which suggests how you can show your support.
Defend Phil Tepper
UNITE Safety and Workplace Rep Phil Tepper has been charged with gross misconduct and urgently needs your support. A charge of gross misconduct can, and sometimes does, result in instant dismissal.
The charge entirely arises from his work as a safety rep, investigating complaints of work-related stress raised by members. This victimisation threatens the ability of any rep to deal with any issue on behalf of any employee.
Phil has over 40 years unblemished service with Fujitsu, and has been a highly regarded workplace rep and safety rep working on behalf of employees for well over a decade. The company has made groundless allegations against him despite knowing that Phil is currently undergoing cancer treatment, showing no regard for the adverse impact the stress they are causing could have on his illness.
The background
Two members in a department of about 30 people had complained of work-related stress and suffered long periods of sickness absence. The Health & Safety Executive has “Management Standards for work related stress” and provides a set of tools for measuring and identifying the root causes of work-related stress. These include an “indicator tool”, which is basically an anonymous survey.
Fujitsu’s own guidelines on stress refer to the management standards, though UNITE is not aware of the company carrying out stress risk assessments (as it should under the Management of Health & Safety at Work Regulations) to protect staff, either generally or in this case.
Reps supplemented the survey with four additional questions and agreed that Phil should send it out on behalf of your Safety Reps. Phil sent it out to all the team, including the managers. Phil, UNITE, and the survey did not make any allegations or accusations, target or exclude anyone, or ask anyone to do anything other than return the survey and encourage others to do likewise. Phil pointed out that if team members felt there were no problems, the survey would show that.
You can see the original HSE indicator tool, the version Phil sent out and the covering note for yourself.
One of the team members who had raised a complaint about stress and bullying has recently been charged with gross misconduct on unrelated grounds and summarily dismissed. Reps believe this decision is grossly unfair and he is appealing against it with UNITE’s support.
The allegations
When the survey went out (on Friday 11th March), a number of employees responded to Phil, who replied politely and professionally in each case. Phil then received an email from a senior individual in HR warning of “potential serious adverse consequences for you personally and Unite generally”, but giving no indication of what the company thought Phil had done wrong.
UNITE tried to defuse the situation with a letter on 16th March pointing out that Phil was acting entirely in accordance with his role under the Safety Representatives and Safety Committees Regulations 1977, Regulation 4, “to investigate complaints by any employee he represents relating to that employee’s health, safety and welfare at work”, but nonetheless offering an apology if anyone had taken offence.
On Friday 25th March the company sent Phil, who was on annual leave, an invitation to a disciplinary hearing with a charge of gross misconduct. The central allegation is that Phil issued the survey “with the intention of inciting a campaign of bullying, harassment and victimisation” against one particular manager, though no evidence has been provided of any such campaign or of any such intention.
It is extraordinary that the company has allowed the process to go this far and ignored its own formal procedures. Normally if anyone makes an allegation of bullying and harassment, there is an independent investigation report and disciplinary procedures would not be instigated without there being evidence to support the allegations.
Worryingly, the decision to discipline Phil has been taken at the highest levels in the company, so it would be foolish to rely on the process ahead being any fairer than it has been so far. We therefore need a powerful campaign to defend Phil, in addition to ensuring a robust defence for him in his hearing.
UNITE’s Response
UNITE has asked the company to discuss ways of defusing the situation, and suggested involving ACAS. But with Phil’s hearing currently scheduled for Friday, which could result in instant dismissal, the union has no choice but to mount a vigorous and urgent campaign in his defence.
What YOU can do now
Please keep your eyes peeled for further updates.
UNITE continues to play an important part in the campaign against the cuts which threaten jobs and vital services. For more information see www.dontbreakbritain.org.
Locally, UNITE is playing an important part in the Manchester Coalition Against Cuts.
UNITE is organising transport from all over the country to the TUC’s national demonstration on Saturday (26th March). UNITE’s trains from Manchester are full, so if you want to go and don’t yet have a place, please contact Manchester TUC on 07825 158 944 or 07857 610 426.
This week also sees the first national strike action against the cuts, by the University and College Union (UCU), whose members in Higher and Further Education are taking rolling strike action. In England, they will be on strike on Tuesday and Thursday of this week. Please show your support at picket lines or at these local events:
We’re delighted to report that all UNITE members originally in scope to TUPE transfer to Atos Origin with the Home Office Extend & Blend contract have secured outcomes they are happy with. As well as representing them in collective consultations, reps have been providing members with individual support and advice. With a member who secured an internal redeployment to move him out of scope (and away from a probable redundancy situation with his new employer), reps helped him to get his job offer letter altered to his satisfaction. He wrote “I’d like to thank you all for your help yesterday it just goes to show you what can be done when you are in the union.” Enough said!
The two employees in the Manchester bargaining unit who were in scope to TUPE transfer out of Fujitsu as a result of the termination of the Thomson Reuters contract are both now out of scope too.
At the Manchester members’ meeting (EGM) on 2nd February, members discussed the attempts by the company to reduce the time your reps have to work on your behalf, which is known in the jargon as “facility time” or “time off for union duties and activities”.
Several members have suggested that it would be useful to give an indication of what the time is used for. The UNITE reps in Manchester took a snapshot at a particular moment in time earlier this month (before the DWP announcement) of the issues they were currently dealing with:
In addition there are a range of vital background tasks to enable the organisation to function effectively: reps’ meetings, communication with members and employees, meetings with the company, liaison with UNITE officers and the wider union, maintaining accurate membership information, training etc.
The best way for the company to reduce the time your reps need would be to reduce the huge volume of issues and to deal with those that arise promptly, constructively and efficiently.
Negotiations have begun with the company on facility time, and UNITE will keep you informed of progress.
Please see here and here for the two files that make up our latest national one per desk newsletter (sorry, they couldn't be merged).