Latest from Napo HQ

The following e-mail to all Napo members received at 16:15:-

It is clear from the Ietter issued by the Noms Chief Executive to Trusts dated 22^ndNovember that the department has decided to commence a disinformation campaign against the Probation Unions. This document sets out some of the information about why the Unions (Napo/Unison and GMB with a reserved position) registered a failure to agree at last week’s shambolic meeting of the National Negotiating Council (NNC) and that notwithstanding their disgraceful behaviour, why we are not prepared to accept the ultimatums that the MoJ sought to introduce into the negotiations on the 20^thNovember.

The Negotiations

The documents that were intended for consideration at the NNC were:

1.   National Agreement on Staff Transfer and Protections (referred to as the “Framework Document”
2.  Guidance on the Handling of Measures (referred to as Appendix A- measures are the aspects of any changes to jobs post transfer)
3.  Staff Assignment Process- the “Staff Split” (referred to as Appendix B with deals with Automatic Assignment, Annex A deals with Expressions of Interest and Annex B deals with the Appeals process).
4.   Enhanced Voluntary Redundancy (referred to as Appendix C)

The NNC is comprised of the Probation Employers with Napo and Unison forming the Trade Union Side.  At Chief Officer Grade level the arrangements comprise employers and GMB SCOOP and Napo. Both sides have acted in good faith over these last few months to try and secure provisions for continuous service, security of the Local Government Pension Scheme and its members, proper training provision, equality assessments and protection for staff beyond the point of share sale. Amongst others, they are the reasons for engaging in negotiations.  However, our view is that the MoJ, by issuing contradictory advice directly to Trusts and now seeking to enforce a dangerous timetable, has overshadowed this process by cutting corners and acting in bad faith.  We have been put under pressure to make decisions on previously unseen documents within a matter of hours and, as you would expect, we have been robust in resisting this.

Why we have registered a failure to agree

Put simply, the intervention by the Ministry of Justice meant that the NNC did not even get to a position of being able to discuss the above substantive documentation. It has also caused massive confusion and puts our members at an unacceptable risk.  Many Trusts are now doing the MoJ’s bidding by either directing or asking members to choose to work in the NPS or CRC when we have barely any information about what that will mean.

This list of missing information is by no means exhaustive:

The Staff Split for those not automatically assigned will be on the basis of whatever job you were doing on 11^th November 2013.  That appears to be it and, as you would expect, this is an untenable position for various reasons, but largely because of the various roles/workloads that staff across Trusts currently undertake. We believe that the narrow window of 11^th November fails to reflect this. There are also issues around staff who are currently away from work. In addition there is no guidance on offer about how this process might work, no projections of the likely numbers of staff and no equality assessment.

There are no Job Descriptions for the new organisations.  Either these do not exist or we are being denied access to them.  In being asked to choose which organisation you want to work for, members will have no idea what they are being asked to sign up to. This is unacceptable.

No Information as to locations of work.  This is vital information for members to be in possession of, but there is no word from the MoJ. We have been told that once the staff split is made there will be little immediate change but this is only up to the point of share sale in October 2014.  There has been no information forthcoming about what will happen after this.

Local Government Pension Scheme.  There is no guarantee that you will retain membership of this if you move from the NPS to a CRC or elsewhere in the Civil Service after the initial transfer. Nor is it clear whether existing staff not currently in the LGPS will be eligible to join it after transfer. The bidders for CRC contracts are not compelled to offer the LGPS to new starters which means the fund risks losing members over time and creates a two tier workforce.

There is no permanent provision for continuity of service. Continuity of service covers the benefits you have built up over time, for example: redundancy, sickness, leave, maternity and it has implications for your pension.  You might not have noticed this because if you have previously changed roles/Trusts within Probation these benefits automatically carry over. Continuity of service will only exist in the first transfer, and will cease to exist if you thereafter apply for a position in a different CRC or move between a CRC and the NPS, thus limiting member’s opportunity for career development and relocation.

Roles in the National Probation Service.  You will on transfer to the NPS become a Civil Servant, and be subject to the Official Secrets Act, Business Appointment Rules, Civil Service Code and Civil Service Management Code.  Despite repeated requests, we have not been provided with any information about the implications of this for staff. We do know that it has the potential to be restrictive in your work and your personal life, as such we believe that members should be in possession of all the facts before being assigned or opting in to the NPS.

Roles in the CRC. We have no idea who the employer will be, what their values are or what the job descriptions will look like. This could have serious implications for future pay, day to day work and professional practice standards.

Local JNC disputes and submission of individual grievances - what should members and branches do next?

Trust Chiefs and Chairs have been erroneously informed by the MoJ that no facility exists to receive notification of local JNC disputes. This must be challenged, and we are issuing separate advice about this as part of this information pack.

Trusts have also been directed by the Secretary of State to start the process of splitting the staff (staff assignment).  They may send out instructions by e-mail or letter. They will be couched in language that makes the split feel inevitable. Or, they might even be suggesting that this situation is good for you because it gives clarity and security to staff.  If you receive a letter, don’t simply respond in haste. Consider the implications for yourself and send in a well-constructed grievance outlining your concerns along with your response. Comprehensive guidance is attached on how to do this.

Tom Rendon                       Ian Lawrence
National Chair                    General Secretary

26^th November 2013