Latest From Napo HQ 6

The following e-mail to all members was received this afternoon and can be seen over on the Napo forum:-

Dear All

 

As you know, Napo’s advice is to file individual grievances in response to being either allocated, or automatically assigned, to the NPS or CRC.  We are being pressured to make a choice, or accept a decision, which profoundly affects our future professional lives with barely any information upon which to do so.  As a rank and file Napo member and employee of London Probation Trust, as well as your National Chair, I’m in the same boat.  In order to offer some solidarity and encouragement to members, I want to share my grievance with you - please find the wording attached (Tom Rendon Grievance ).  There are also a couple of points I’d like to make:

• I am livid to hear reports of some Trusts saying they will not recognise staff grievances.  We are employees.  We are aggrieved.  We have the right to register this in a formal way.  Trusts cannot simply eat away at our employment rights on a whim and fancy.
• Grievance issues are time limited.  In other words you normally have a 3 month window- from the date of the issue- in which to raise a grievance.  We advise you to use the process now because if there are any problems post-transfer you need to have the record.  Otherwise, you could be told “sorry, you’re out of time.”  This does not affect your right of appeal.
• Because of local variations between Trusts it is very important to follow local branch guidance about grievances.  I’m slightly out of synch with my branch because I haven’t yet received my letter but, as I hold a national post, I want to support members who are in this position already.  Nevertheless, with or without a letter, we are in the same situation.
• Grievances are not against our own managers, although they will have to respond in the first instance.  My own line manager has been supportive and met with me almost immediately.  I’d say this to any rogue Trusts, “Caring for staff: it’s not hard, but it makes a real difference to us.”

As a main grade practitioner I feel angry and quite vulnerable at the same time.  I guess many of you feel the same but we can do something about it.

 

Take care,

 

Tom

 

Tom Rendon
National Chair

I am writing to formally register a grievance, in accordance with the Trust’s grievance procedures, against being required to express and interest in working for the NPS or a CRC.

I am concerned for a variety of reasons (specifics appear below) and am requesting an opportunity to meet with you to enable you to investigate and then either resolve my concerns directly or refer the matter to the relevant person. 

A suitable resolution would include being given full information about what I can expect about life in the NPS and CRC so I can make an informed choice. This would include the following; my place of work, the name of the company who will run the CRC, the aims and values of the new organisations, information about how I will be paid and by whom, the equality and diversity commitments of the new employer, the type of work I will be undertaking, a guarantee of continuous service should I change roles, an outline of employee support, a guarantee that I will not be disadvantaged or victimised in any way because of my trade union membership and activism and my status under the Equality Act 2010 as having a “protected characteristic”. I would also want you to inform me of how I will be assessed under the assignment process because on 11/11/2013, I did not hold a case load at all.

Specifically, in relation to my broad concerns I would specifically ask that the following concerns be addressed

• I am concerned about having to choose between career development and losing accrued rights to redundancy because of the loss of continuity of service if I transfer between CRC’s and/or the NPS.

• My job may be allocated to the civil service NPS and I have no information regarding any additional restrictions that maybe placed upon me as a result of this.

• The staff split is to be based upon my job and caseload allocations on November 11th 2013 but I am on facility time release. I would need an explanation of how I might be assessed because I need reassurance that my union activity would not place me at any disadvantage.

• My previous work covered a mixture of high, medium and low risk cases and I benefit from the variation. I feel post transfer my role will be more limited, which will significantly limit my career and professional development as a result of not being able to freely move between CRC’s and the NPS.

• I have no information about where my job will be based post transfer or share sale and this is hindering my capacity to choose a preferred option.

• I am being asked to choose between posts in the NPS and CRC but have no job description for roles and as such I have no serious idea what I’m applying for or being assessed against. This is unfair, especially as the jobs could change significantly post transfer / share sale and I’ll be stuck.

• As someone who identifies as gay means I legally have a “protected characteristic”. I purposefully only choose to work for employers with robust policies and practices to help me feel safe at work. In expressing an interest I have no idea about my future protection against discrimination. I have not seen an equality impact assessment and my union representatives have not had the opportunity to voice my concerns. I therefore feel under represented and this could lead to me being discriminated against and/or at risk of harassment or victimisation.

• The TR programme’s work around diversity, equality and risk assessment has been identified as unlikely to meet the requirements of the Equality Act 2010, and ignores risks of disproportionate impacts that discriminate against offenders with protected characteristics. As such this will undermine my wider professional standing and status. I would like the Trusts’ views, explanation and reassurance on this.

• Both the CRC and NPS are likely to have reduced resources and increased workloads. I have seen first hand the impact of the privatisation of unpaid work in London. My concern is that mass redundancies will increase workloads and potentially leave me at risk of stress and ill health. Can the Trust give assurances that adequate resources will be available – for example, suitable office locations, IT support, risk assessment tools and adequate line management in each organisation?

As a result of this process, I have suffered from anxiety about my future working life and it has caused me stress and sleeplessness. I hope to be able to have a career in probation work for a long time but am worried about who I will be working for and what the conditions of work will be. Without adequate information, I feel I am being forced into a situation when, in reality, the new arrangements should be in place before I am asked to make a choice. While I am sure that individual line managers in LPT may not be in control of this situation, the Trust remains my employer and has a duty of care to me.

Generally, I support the policies LPT has in terms of staff care and I realise that I could seek counselling through the Trust. However, my anxiety does not arise from an internal conflict requiring counselling but an external lack of information which the Trust needs to take heed of and resolve.

During the grievance process I intend to continue to perform my duties, and to participate in the staff assignment process. 
I reserve my right to:

• take action to protect my position and enforce my rights under my contract of employment
• take action to retrospectively protect my position in relation to any outcome of continuing negotiation/conciliation at the Probation Service National Negotiating Council which may impact on the matters set out in your letter to me and any consequences arising from it.