For the past 18 months Barnet Council has prepared plans for the future of School Meals and Education & Skills.

From the outset the fate of approx 430 workers was always going to be outsourcing. However as per previous practice the outsourcing pantomime was played out in a number of committee reports to the Children’s, Education, Libraries and Safeguarding Committee (CELS).

Barnet UNISON responded at each stage.

1. In September 2014 we produced “Commercialising Education and Skills Future Delivery of Services to Schools London Borough of Barnet” click here

2. In January 2015 we produced “Education & Skills and Catering Analysis of Options Appraisal” click here

3. In June 2015 we produced “Education & Skills and Catering, Threat of large-scale subcontracting”click here

4. Later in June 2015 when we heard Capita had pulled out of contract talks we produced “Education & Skills and Catering UPDATE 30 June 2015” click here

5. Finally in November 2015 we produced Catering Services “Jewel in the Crown”, Privatisation of Education & Skills and Catering in Barnet click here

There is a significant lack of transparency over the award of this contract exacerbated by the lack of financial details made publicly available and the fact there was only one bidder as the two other bidders had withdrawn from the bidding process. Furthermore the Council is handing over the Schools Meals Service to a private contractor without any competition. Under this arrangement the Council will now have to share the profit with the contractors at a time when they are proposing cuts to frontline services.

UNISON in our final report have made the following recommendations

1. The Council should retain the Catering Service in-house and place it within Family Services Delivery Unit in order that all the profits can support frontline services, which are threatened by budget cuts. It should draw up a Public Service Innovation and Improvement Plan for the future of the Catering Service jointly with schools and staff.

 

2. Elected members should require a detailed breakdown of the £1.5m cost of the Education and Skills outsourcing, in particular the £250,000 expenditure on ‘commercial advisers’ cited in the Full Business Case (p35).

In early September this year UNISON requested information on how many workers in both Adults’ and Children’s Services have left social services and how many have joined since December 2014. We know that during the year from April 2014 to March 2015 53 qualified locum agency social workers for Adult Social Care and a further 50 for Children’s Social Care, were employed by London Borough of Barnet. However, we think this number may now be higher.

We believe the total number of social worker posts is some 115 for Adults Services and 200 for Children’s Services. This number also says nothing about the problems of recruiting and retaining occupational therapists, who are critical in terms of identifying aids, adaptations and techniques for people with physical disabilities to enable them to live as independently as possible.

We are seeing large numbers of colleagues leaving for a variety of reasons. In fact almost no one with a senior leadership position in children’s social work three years ago is still here today.

Once upon a time – and not so long ago – the one thing Barnet Social Services had going for it both in Children’s and Adults’ Services was a fairly stable workforce. This meant that, despite all of the changes, experienced staff stayed and were able to ensure continuity with vulnerable people and their families as well as services linked to those people and families.

For a London setting this was refreshing and rare. The worry is that we now have the same difficulties as other London authorities. This is borne out by the fact that the latest figures shared with UNISON show that we have 20% vacancy rates across the two services – now comparable to other London authorities.

This is bad enough, but demand for those services is rising at the same time as the colleagues doing that work are leaving. UNISON has raised the social work crisis to the attention of the senior council officers.

We are clear that this crisis is one of the unintended consequences of pursuing mass outsourcing ideology, our members are telling us why they are planning to leave and it is all about growing employment insecurity. It is one thing to promote Commissioning Council as a solution to the financial crisis; it is irresponsible to pursue a policy that is pushing the future of social services in Barnet over a cliff.

UNISON is very concerned staff and the community are being exposed to risks which do not need to be there. These services mean people live, die or thrive. Our members work hard to make sure people thrive. Many now live with a constant fear that what they are doing is not enough and there will be a serious incident. It is the nightmare of any worker in Social Services.

UNISON is extremely concerned about the effect on morale and safety for our members and the community. One thing is clear: we will not stand by and allow our members to be scapegoated for systemic failings. Another is that we will continue to fight outsourcing and all the risks it brings to our members and community!

“We leave no members behind”

This is a commitment I am finding myself increasingly saying in meetings with members who work for a number of different employers. Whether it is our council housing repairs workers who work for Mears or members working for Capita, NSL, Barnet Council, Barnet Homes, Your Choice Barnet, Barnet College, we are all facing attacks both in the workplace but at home and in our communities as a direct result of austerity.

Austerity is responsible for our terms and conditions being attacked and that there have been no pay awards to address the increasing cost of living.

Austerity has made housing a major issue not just for our members in terms of cost but for our children who cannot afford to leave home.

What is clear, is that we cannot fight for each struggle alone, we need to support each other.

This Saturday 12 September we have organised Kids4Libraries march. The main march begins outside Church End Library and it is going to be big and it is going to be fun.

• “In the Thick of it” actor Rebecca Front and children’s author Alan Gibbons will be on the march.
• Durham Miners are coming to join the march
• Lesbian and Gay Support the Miners are bringing their banner to the march.
• London Metropolitan Band are leading the march.
• Open Top Red Bus decorated and available for those who are unable to march.
• Trade Union branches and community campaigns will be there.

However, more importantly it is about all Barnet UNISON members pulling together and in this case in support and solidarity for Library workers.

One of the proposals is to reduce staff by 65%!

I do not think it is right that we leave Library workers behind to fight this alone.

This is why our branch is calling on all of our members to spare a few hours this Saturday to come down and show solidarity for our fellow UNISON members.

Venue: Church End Library (5 minutes from Finchley Central Tube station).

Time: Assemble from 11 am.

See you there

John Burgess

Branch Secretary

 

Barnet UNISON

Barnet UNISON Press Release: 2 September 2015

FOR IMMEDIATE RELEASE: Support #Kids4Libraries march 12 September

On September 21st the Council will vote whether to accept one of three options for the future of Barnet Libraries. This will be an important decision for Barnet as libraries promote literacy and learning for all, provide access to information and enable people to engage as citizens in their local and wider communities.  But this vital contribution is threatened as the Council’s proposals appear to have been designed not to safeguard our libraries but to wreck them.

The Council’s proposals include;

• Library staffing budget to be cut by up to 68%. It likely that even staffed libraries will not have enough workers available to maintain a sufficient level of service.

• Two or six Libraries to close

• Most remaining Libraries to be reduced in size. They could no longer house adequate book collections, or a sufficient number of computers for the public to use.  There will not be enough study space to meet the needs of students.

• Libraries will be privatised or run by a “Mutual”. There will be no guarantee they will be run for public good and not for profit.

• Libraries will be unstaffed for two thirds of their opening times.   Library users will have to rely on self-service machines and volunteers (if any can be found) for help. As a result of not having staff on site, children will be denied entry to the libraries for most of the day.

Adoption of any of the current options will be an act of vandalism, resulting in Barnet Libraries no longer being an inclusive, efficient and loved public service, as the accessibility and quality of the service will suffer.

This destructive plan has seen the emergence of a Save Barnet Libraries campaign which is made up of Barnet UNISON, residents and Library users.

Our next action is the Kids4Libraries march on the 12th September. More details can be found here

UNISON Branch Secretary John Burgess said: The current proposals would in effect have meant the end of a comprehensive public library service for the residents of Barnet. It is impossible to view these disgraceful proposals in isolation from what is going on across Council services across the UK. Councils have had their government funding cut by 40% since 2010, which is a deliberate attack on local democracy and public services. Our march is attempting to raise awareness within our community and wider afield of what is at stake. Our message to the Council is think again, Libraries are beacons within our communities which must be allowed to flourish.

“Notes to Editors.

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

Background:

Barnet UNISON launch Thunderclap in support of 12 September march.

https://www.thunderclap.it/my/stats/30839-join-ourkids4libraries-march

Kids4Libraires march video

https://youtu.be/gb6R7M-0Kgo

“Inappropriate, over the top, dire, painful, unacceptable, unsatisfactory, restrictive and unimaginative”

http://www.barnetunison.me.uk/?q=node/1625

Barnet Council – Why is this happening to us?

http://www.barnetunison.me.uk/?q=node/1627

Local authorities ‘cannot cope with further cuts’

http://www.theguardian.com/society/2015/sep/01/local-government-association-cannot-cope-further-cuts

The simple and straight forward answer to the above question is that Council services are being punished for the global financial crisis caused by the bankers.

On 8 July the Chancellor George Osborne published his budget which set out a vicious attack on public services and the staff who provide them. There is widespread consensus that by 2020 Councils will have had their budgets cut by 40%.

Think about that figure. No private company could survive such a cut in funding. Barnet Councils response to the austerity agenda is the ‘commissioning council’ which seeks to move staff out of the council into different employment models. Whilst expensive consultants will spin the commissioning model as a new way of working, the bottom line is that they are looking to find someone who will employ staff on cheaper terms and conditions and without access to the Council Pension Scheme.

What do we know?

I know from talking to our reps and speaking to members that everyone is exhausted, angry about the relentless attacks on staff almost on a weekly basis. Feedback we are getting from members is that more and more staff are leaving the Council, which is destabilising teams and adding to the already heavy workloads.

UNISON has raised this as a concern and linked it directly to the mass outsourcing agenda, which is not only having a negative impact on current staff but is a barrier for in house services trying to recruit new staff.

It is clear from our own direct experiences of outsourced contracts that the contractors offer inferior terms and conditions; and they are not offering new staff the opportunity to be part of the Council pension scheme.

So when the Council talks about risk, it is the staff that are taking on all of the risk.

We will be speaking with our local reps and members about our responses to the following major outsourcing decisions (see below).

1. The future of the Library Services will be decided on Monday 21 September Children’s, Education, Libraries & Safeguarding Committee.

2. The future of the Education & Skills and School Meals will be decided on Wednesday 18 November at the Children’s, Education, Libraries & Safeguarding Committee.

3. The future of our Children’s Centres will be decided on Wednesday 18 November 2015 Children’s, Education, Libraries & Safeguarding Committee.

4. The future of Adults and Communities will be decided on Thursday 12 November Adults and Safeguarding Committee.

5. The future of Street Scene Services will be decided on Monday 11 January 2016 at the Environment Committee.

Barnet UNISON branch meetings

9 September 12 noon in Oak Room, Building 4, NLBP

That is the view of participants stated in the recently published Council’s Library Consultation report*.

UNISON and Library user groups challenged the fairness of the consultation from the outset, viewing it as forcing responses   accepting the Councils options as being the only ones possible for the future of our Libraries. But even with this weighting the result is a resounding no to the Council.

The report finds:

95 % support for libraries being run directly by the Council

Little support for library closures.

Condemnation of the proposed minimum average size of 540 square feet for Libraries.

Widespread praise of the expertise and professionalism of Barnet’s library staff, and a strong sense that these qualities could never be adequately replaced through the use of

The quality of the library service would be negatively affected if any of the options are implemented volunteers

Criticism of the ‘open library’ model (unstaffed libraries)  on grounds that it would pose a security risk to users, stock and facilities; as well as diluting the overall quality of the service

The Council, if it has any claim to be a democratic body responsive to the wishes of residents, must now discard the current proposals for libraries and instead present the people of Barnet with a plan that will save our Libraries and develop on the already admirable service they provide.

* Barnet’s Future Library Service: Final Report of the Consultation Outcomes.

Report of Findings for Opinion Research Services July 2015.

https://engage.barnet.gov.uk/consultation-team/library-review/user_uploads/barnet_libraries_final_full_report_2015_07_24_v2.pdf-2

IMPORTANT NEWS: Kids4Libraries march Saturday 12 September details here

This briefing itemises anti-trade-union legislation since 1980. It then looks further back into history, and examines some of the key issues in Britain’s anti-union laws.

1980 Employment Act

· Definition of lawful picketing restricted to own place of work

· 80% ballot needed to legalise a closed shop

· Funds offered for union ballots

· Restricted right to take secondary action

· Code of practice (six pickets)

· Repeal of statutory recognition procedure

· Restricts unfair dismissal and maternity rights

· Unfair dismissal rights from 1 year to 6 months in companies under 20

1982 Employment Act

· Further restrictions on industrial action – eg. definition of trade dispute

· Further restricted action to ‘own’ employer

· Employers could obtain injunctions against unions and sue unions for damages

· 80% rule extended to ALL closed shops every 5 years

· Compensation for dismissal because of closed shop

· Removed union only labour clauses in commercial contracts

1984 Trade Union Act

· EC elections every 5 years by secret ballot

· Political fund ballots every 10 years

· Secret ballots before industrial action

1986 Public Order Act

· Introduced new criminal offences in relation to picketing

1988 Employment Act

· Unions to compensate members disciplined for non-compliance with majority decisions

· Members can seek injunction if no pre-strike ballot

· Union finances to be open to inspection#

· Unions prevented from paying members’ or officials’ fines

· Action to preserve post entry closed shop made unlawful

· New restrictions on industrial action and election ballots

· Ballots for separate workplaces

· Ballots for non-voting EC members

· Election addresses controlled

· Independent scrutiny

· Establishment of CROTUM (Commissioner for the Rights Of Trade Union Members)

1989 Employment Act

· Tribunal pre-hearing review and proposed deposit of £150

· Exemption of small employer from providing details of disciplinary procedures

· Restricts time off with pay for union duties

· Written reasons for dismissal now require 2 years’ service

· Redundancy rebates abolished

· Abolition of training commission

1990 Employment Act

· Attack on pre-entry closed shop – unlawful to refuse to employ non-union member

· All secondary action now unlawful

· Unions liable for action induced by ANY official unless written repudiation using statutory form of words sent to all members

· Selective dismissal of strikers taking unofficial action

· Extended power of CROTUM

1992 Trade Union & Labour Relations (Consolidation) Act

· Brings together all collective employment rights including trade union finances and elections; union members’ rights including dismissal, time off; redundancy consultation; ACAS, CAC and CROTUM; industrial action legislation

· Does not cover individual rights like unfair dismissal, redundancy pay, maternity etc (these are covered by 1978 EPCA)

1993 Trade Union Reform and Employment Rights Act

· Individuals can seek injunction against unlawful action#

· Creation of Commissioner for Protection Against Unlawful Industrial Action

· 7 days notice of ballots and of industrial action

· Members to be involved in ballot to be identified

· Attack on Bridlington procedures

· Written consent for check-off every three years

· Financial records, including salaries, to be available

· Checks on election ballots

· Independent scrutiny of strike ballots

· All industrial action ballots to be postal

· Postal ballots on union mergers

· New powers for Certification Officer to check union finances

· Higher penalties against unions failing to keep proper accounts

· ‘Wilson/Palmer’ Amendment (sweeteners to those moving to individual contracts)

· Unlawful to dismiss heath & safety rep in course of duties and those walking off unsafe site

· Right of individual to challenge collective agreement in contravention of equal treatment terms

· Changes to Transfer of Undertakings Regulations

· Changes to redundancy terms (consultation)

· Abolition of Wages Councils

· Changes to Tribunals and EAT procedures

1999 Employment Relations Act

· Amendments to Trade Union Labour Relations (Consolidation) Act 1992

· Recognition and negotiation procedures for employers with at least 21 workers, establishment of bargaining unit

· Derecognition from loss of trade union independence or majority support of bargaining unit

· Complaint process for use of political funds and breach of union disciplinary, electoral or other internal rules

· Dismissal for participation in official industrial action deemed unfair

· Ballot and notice provisions for strike or industrial action

· Abolishes offices of Commissioner for Rights of Trade Union Members and Commissioner for Protection Against Unlawful Industrial Action

· Funds to be provided to assist in developing employment partnerships

· Amends Employment Rights Act and TULRA to prevent complaint over unfair dismissal if action for purposes of national security

Information from the Institute of Employment Rights

History

· Anti-union laws go back to the time of the Pyramids: 5,000 years ago

· 1306: Royal Proclamation Against Congregations and Chapter

· 1799-1800: Anti-combination laws

· 1859: Tolpuddle Martyrs transported to Australia for swearing illegal oaths ie. organising a union

· 1906: Taff Vale Railway Company vs Amalgamated Society of Railway Servants (ASRS, forerunner of RMT) judgment: unions liable for loss of employers’ profits caused by strikes; overturned by Trades Disputes Act 1906

· 1909: Osborne judgment: trade unions could no longer use their funds for political purposes; overturned by Trade Union Act 1913, which allowed unions to have political funds that members can opt out of

Since 1979

· Tories introduced anti-union legislation salami-style, because the unions were strong enough to defeat a full-scale legal assault.

· There was a progressive weakening of trade unions, via legislation and their own ineffectiveness.

· Legislation in response to major strikes eg. Grunwick, miners

· Lack of democracy in unions (eg. Leaders elected for life) opened the door for the Tories’ anti-union laws

Issues and arguments

· While governments claim that union legislation gives ‘fairness’, there are no ‘mirror-image’ laws for employers eg. no requirement to elect the Managing Director every five years, or to hold a ballot before imposing changes to terms and conditions!

· Legal requirement for industrial action authorised by postal ballots rather than workplace meetings:

o workers vote at home, where they are under different pressures

o the time taken to hold the ballot delays the action

o the ballot does not include discussion on details of what action is taken, whereas a workplace meeting can

· Despite anti-union laws, workers do still have the right to strike, and the union needs to remind and reassure them of this

Key Messages

· All improvements to our rights have been won by struggle.

· These laws do not exist to make industrial relations fair, but to stop workers fighting back.

· The timeline shows progressive attacks by government on union rights and effectiveness.

YET THEY ARE STILL SCARED OF THE TRADE UNIONS & ARE BRINGING IN THE TRADE UNION BILL TO ATTEMPT TO END WORKERS RIGHTS AT WORK.

Background:

There is now only one private contractor bidding for the Education & School Meals services Mott MacDonald trading under Cambridge Education. They do not have experience of providing Catering Services so they have formed a partnership with ISS who will deliver the Catering Service. As there is only one bidder it is highly likely that these contractors will be given the contract sometime in November this year.

Our members had the chance to meet the contractors on Thursday and asked some interesting questions. Unfortunately the detailed discussions about the future of the services will be take place in secret with the trade unions and staff unable to know what is in store for staff & the service.

UNISON has submitted the questions below to the Council and have asked them to pass them onto Cambridge Education & ISS.

Cambrdge Education currently have a contract with Slough and ISS have lots of big contracts. We understand that ISS are currently providing a Catering service to Woodridge School a Barnet School.

We sent the following email to all our members on Friday 10 July.

Dear Colleagues

Barnet UNISON has submitted the following questions to Cambridge Education & ISS.

The Education and Skills questions apply to both contractors. The Catering Services questions apply specifically to ISS.

Education and Skills

1. Will each contractor provide a guarantee that the bulk of the current workforce will remain employed in Barnet?

2. What are the planned staffing levels for each service after transfer?

3. What protection of terms and conditions, such as the London Living Wage, will be offered to transferred staff over and above TUPE?

4. What measures will each contractor take to prevent a two-tier workforce and excessive use of temporary/casual staff?

5. What are the contractors approach to industrial relations with trade unions and how will they be managed within the JVC?

6. What plans does Cambridge Education have to improve the quality of services and when do they anticipate implementing them?

7. Does Cambridge Education and ISS plan to subcontract other Education and Skills services, if so, which ones and what are the names of the contractors?

8. How does Cambridge Education plan to increase traded income of the Education and Skills services;

a. within Barnet

b. outside the Borough

9. What proposals do Cambridge Education and ISS have engaging with staff and trade unions in the planning and delivery of services?

10. How will the contractors workforce development policies be applied in the Barnet JVC, and if there any differences between the two contractors, how will these be developed into a common policy for the JVC?

11. How will the two contractors coordinate and develop a common approach in the search for traded income when there are distinctive differences between their respective markets?

12. Will the JVC take on responsibility for the accrued Pension Deficit as at the transfer date?

13. Will the JVC and contractors be required to use current corporate services, for example, Capita CSG, Re, accommodation?

Catering Service

14. What process did Cambridge Education use to select ISS to be their subcontractor?

15. Has Cambridge Education experience of managing an ISS subcontract in the past, and if so, which public body?

16. What experience does Cambridge Education have in managing and monitoring a catering contract operated by a multinational catering contractor?

17. What mechanisms will be in place in the Joint Venture to review the performance of the subcontractor?

18. What plans does ISS have to improve the quality of school meals and how will they be implemented?

19. How does ISS plan to increase traded income of the Catering Service:

a. within Barnet

b. outside the Borough

We will publish any responses to our members.

John Burgess Branch Secretary Barnet UNISON

Barnet UNISON Press Release: 10 July 2015

FOR IMMEDIATE RELEASE: Local Trade Unionist Victim of Hate Crime

It is with deepest anger I have to report that our Barnet UNISON branch secretary, John Burgess, had his car vandalised as it was parked up outside his own home. After the day’s activities on 8^th July, which involved a strike and protests, John returned home to find a large note stuck on his car windshield: “Fucking Union Faggotts Get Back Home From Here!” and a nail stuck into a front wheel of his car. This came within 2 weeks of the Barnet UNISON banner, and a branch presence which of course included John, proudly appearing on the Pride Demo. It is our view this particular use of offensive language is far too coincidental for us not to understand this as an attack on John as a trade unionist and also for being seen on the Pride demo.

We also think there is a strong coincidence that our branch was a very early signatory to the Unite Against Fascism statement about the proposed Fascist gathering in Golders Green and encouraged our members to attend the protest last weekend (4^th July). We are proud that we were part of a larger community mobilisation which meant Fascists could not raise their heads in our community. Fascists are organisations which peddle hatred and what happened to John is in every sense a Hate crime which has been reported to the police.

John has a job to do and that is to represent the members of his union branch. We choose him year after year as we believe he is the best placed person to do this. He enjoys the confidence of the branch membership. This means whoever did this is trying to intimidate and silence all of our membership. We will not be silenced!

We believe it is the demonisation of trade unions by the current Government which also encourages this type of personal attack on individual trade unionists. We condemn such attacks and call on our supporters to rally round and show solidarity and support to one who has done nothing other than defend us and offer solidarity to all those fighting the effects of Austerity and oppression.” Helen Davies, Branch Chair Barnet UNISON.

George Binette, branch secretary, Camden UNISON had this to say: “On behalf of Camden UNISON I express our shock and horror at the vicious homophobic vandalism carried out against John Burgess, Barnet UNISON branch secretary. This attack is a perverse tribute to the effectiveness of John’s tireless commitment to both his members and the defence of public services. Unfortunately, all too many politicians and sections of the media seem set to whip up a Jeremy Clarkson-style climate where it is literally open season on active trade unionists. Solidarity with John and the Barnet branch.”

End.

Notes to Editors.

 

Contact details: Helen Davies Barnet UNISON on 07432733168 or 0208 359 2088 or email: Helen.Davies@barnetunison.org.uk

What has commissioning meant for workers?

If you want to have a look at what commissioning has meant for workers you don’t have far to look. Just take a look at social care services.

Where did it all start?

The advent of the NHS & Community Care Act 1990 brought the introduction of the purchaser/provider split. In Commissioning Council speak it means commissioning (purchaser) and service deliver unit (provider). Our Council now promotes itself as a Commissioning Council and our internal structures provide an example of in house and outsourced service delivery units.

Workforce issues.

The introduction of the purchase/provider split brought the market into social services. The Trade Unions quick saw that this was an attack on the workforce and that it would lead to a race to the bottom. The union also predicted it would have an impact on service quality and how right we were. It sounds difficult to believe but there are still people (paid extraordinary amounts of public money) who still try to argue there is no link between deteriorating terms & conditions and pay and service quality.

Zero hours contract & no pension not paying for travel time.

Everyone now knows about the ‘zero hour’ exploitation of care workers. In Barnet our care workers were on permanent contracts, and were members of our pension scheme and were paid for travel time. They were outsourced and outsourced again. Their terms & conditions have been destroyed by private contractors. UNISON tried to get Barnet Council to sign up to the UNISON ethical care charter . They refused and officers convinced it was too expensive.

Thanks to commissioning, care workers are on inferior terms & conditions and will not be in our Council Pension scheme.

It not our fault, blame the commissioners.

This is what our branch has faced when presented with the implications of the two tier workforce. When we start negotiations the contractor replies by saying it is not their fault and that we should go back to the commissioners. When the unions go back to the commissioners they say they don’t get involved in internal matters of the contractor.

Commissioning is all about outsourcing.

The Council are quick to say that commissioning is not all about outsourcing. But the facts tell a different story. Over the last three years there have been 12 outsourcing project decisions and not one of them has recommended in-house services.

Outsourcing list January 2012 – June 2015

1. YCB

2. Housing options

3. NSL

4. CSG

5. Re

6. Music Trust

7. Registrars service

8. Legal services

9. Public Health

10. Mortuary

11. CCTV

12. Recycling depot (1 October 2015)

 

In all the above cases workers were transferred out of Barnet to a new employer.