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What is TUPE?

The Transfer of Undertakings (Protection of Employment) Regulations 2006 (TUPE) protects the rights of employees transferring to a new employer.

TUPE Transfer Commitments

On 16 January 2012 Barnet Council agreed what became known as the TUPE transfer commitments.(http://barnet.moderngov.co.uk/Data/General%20Functions%20Committee/201201162000/Agenda/Document%205.pdf)

However the Coalition Government has made some serious changes to the TUPE legislation which took effect from 31 January 2014. The changes have seriously eroded worker rights, making outsourcing a high risk option for Council staff. The key changes are as follows:

1. New employers will be able to renegotiate collectively agreed terms one year after the transfer, as long as the overall change does not leave employees worse off.

2. The new employer will only have to adopt the terms agreed between the previous employer and employee representatives up to the date of transfer. Anything agreed after this date will not apply to transferred employees.

3. A change in location of the workforce after a transfer will be allowed as an ETO reason, meaning that this can be used by the new employer as a reason for dismissal.

4. If agreed by the two employers transferring staff, any redundancy consultation that begins before the transfer can count as part of a collective redundancy consultation process with the new employer, as long as it is a meaningful consultation.

At a meeting with the Council on Thursday 4 December 2014, UNISON raised concern that the Council could progress to procurement shortly after the committee makes a decision on 12 January 2014. It was agreed that in the meeting that sufficient time would be allowed for negotiations for an updated TUPE commitments for any staff outsourced.

Location of the services.

UNISON has been in the unfortunate position of having to support members who were made redundant as a result of jobs being moved out of the London Borough of Barnet. It will be a key issue for us on this project that jobs must remain in Barnet and something we are raising now.

Barnet UNISON extends an invitation to all who are supporting our YCB care workers campaign.

View invitation here

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FOR IMMEDIATE RELEASE: 81% of Barnet Council workforce to be outsourced!

Barnet UNISON Press Release: 18 November 2014

Later this week the Environment & Adults Safeguarding Committee are due vote on decisions to begin the process of outsourcing Council staff working in Street Scene (refuse & recycling, street cleansing, parks etc) and Adult Social Care (social workers).

These decisions follow earlier Committee meetings which also recommended outsourcing.

The numbers of staff to be outsourced are as follows:

· Street Scene 478.42 posts.

· Adult Social Care 362.75 posts.

· Education & Catering 336 posts.

· Early Years Children’s Centres 170 posts.

· Library Service 150 posts.

Full details of Barnet Council Committee decisions can be found in our latest report here.

John Burgess UNISON Branch Secretary said: “We have already been through massive changes with a third of the Council staff outsourced under the One Barnet Programme (1371). BUT this latest set of proposals is going to hit staff particularly hard and will have a detrimental effect on the ability of Barnet Council to recruit new staff.

If all of the above services are outsourced the Council will have outsourced 2878 staff leaving behind a small cohort of 332 staff. Our branch has unfortunately had to deal with a lot of outsourcing in the past two years and in almost all cases it has meant cuts & redundancies for the staff transferring and led to the emergence of a two- tier workforce. In response to this shocking news we have organised a public meeting on 26 November at the Greek Cypriot Centre, North Finchley to discuss the implications for our members and council services.”

End.

Notes to Editors.

Contact details: John Burgess Barnet UNISON on 07738389569 or 0208 359 2088 or email: john.burgess@barnetunison.org.uk

Background:

Between January 2012 and October 2013 Barnet Council outsourced the following services:

Adult Social care, Parking services, Legal services, Customer Services, Estates, Finance, Human Resources and Payroll, IT Infrastructure and Support, Procurement, Revenues and Benefits, Commercial Services, Housing Options, Building Control, Planning Administration (Development Management),Strategic Planning and Regeneration, Transport, Highways Services, Land Charges, Environmental Health, Trading Standards and Licensing, Cemetery and Crematorium, Barnet Registration and Nationality Service.

In September 2012 Barnet Council employed 3,200 staff (excluding maintained school staff)

In September 2014 Barnet Council employs 1829.71 staff (excluding maintained school staff)

Links:

1. 81% of Barnet staff facing outsourcing an Update on the “Disappearing Council”

http://www.barnetunison.me.uk/sites/default/files/2014.11.14%20DisappearingCouncil.pdf

2. Barnet libraries threatened with closure as council earmarks £2.8m cuts

http://www.hamhigh.co.uk/news/politics/barnet_libraries_threatened_with_closure_as_council_earmarks_2_8m_cuts_1_3828729

3. 26 November 2014 public meeting http://www.barnetunison.me.uk/sites/default/files/26%20November%202014%20Public%20meeting.pdf

Introduction:

After a series of outsourcing under One Barnet Programme our branch has been following the decisions of the new committee system at Barnet Council.

The data reveals a shocking headline whereby 81% (1497 out *1,829.71 posts) of the current Barnet Council workforce is now facing outsourcing. Whilst decisions on what type of outsourcing will be selected, the lack of in house option means that staff will no longer be employees of Barnet Council.

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