Members,
Due to some questions/rumours circulating TU has provided the following which will hopefully answer some questions:
TUS are not in a TUPE position as of yet and so no talks have been held, as we don’t even know if there is a bidder (the three bidders for existing work will be whittled down to one, then they will look to see if they have bided for existing work, if they have it’ll be market tested and then a decision will be made which, if it is negative, will mean TUPE talks going ahead.)
Unfortunately the Agency has to divide the jobs into authority/non-authority at the head of the process. Whilst people have to make a choice of whether they wish to apply for non-authority roles they are not held in that role (until a certain point) and can subsequently apply for other (authority) jobs as they become available. The TUS is in the process of consulting over a methodology to make post rotation easier in the short term, following the VERs exodus.
Those asked to make a choice would, in TU's opinion, be best only putting authority posts as a choice (if that choice is available) and should not be forced to make non-authority a second choice, which I have heard is happening. It might be that – via rdp procedures – people end up managed moved into non-authority jobs but we will gain full advice from the GEC and solicitors on what they can do about that, if anything, nearer the time.
The expression of interest is only that, an expression of interest for this exercise. Whilst it suggests it is binding, it is purely in terms of this exercise and does not mean that an individual is bound in the post they express an interest in.
We have been asked about VERs and transfer. The advice we have received today is that anyone putting in a VERs request (under VERs 2), who is offered and accepts a date to leave then they should not be transferred. If they are they will not carry that VERs acceptance to the new employer as it is over and above standard contract.
We hope the privatisation will not go ahead, however, should it go ahead, the TUPE talks will take place at the time prescribed in legislation and the Union will fight to ensure that all terms and conditions are carried over. The exception is with the person’s pension – as TUPE only says a comparable pension has to be provided and more advice on what that means practically will be issued at that time.
It has to be said that, whilst TUPE does protect Terms and Conditions – and at least 2 of the bidding companies do honour ‘image’ terms (the third bidder may, but less is known about them so I can’t say for certain) – the protection is not perfect. Often companies will ask staff to change the contracts, offering an incentive to do so; also they can vary a TUPE protected contract for ETO reasons. ETO stands for economic, technical and organisational and whilst case law exists to define when and where it can be used it is a potential way of overcoming TUPE. However, PCS members will remain PCS members, there will be recognition of PCS and thus the legal help we can gain for the branch and the members will come into play.
The situation is, unfortunately, grey and we understand that – in many respect – the choice being made is somewhat in the dark. The PCS line is clear however; we oppose private companies doing public sector work and advise members to seek authority jobs. For those who have no choice, we will gain more information for them when the situation (and importantly, the bidder) is known and will fight to prevent their privatisation. Should this campaign fail we will put full resources into ensuring that their transfer carries their terms and conditions to the full extent the law allows. However we aim to hold a Future Contract members meeting in November – when we expect to have more information from management regarding the current position.
Regards,
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Rachel Wallace-Dand
PCS VA National Branch - Branch Organiser
H&S Convenor & TU H&S DSSR (Norcross)
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http://vabranchpcs.blogspot.com/
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