CRC Dispute - Latest 7

Here we have a joint statement from Napo, Unison and GMB:-

For distribution to all trade union members across the three Working Links owned Community Rehabilitation Companies

No to Job Cuts...yes to fair play for staff.. Probation trade unions standing up for you!

18 October 2016

DISPUTE LATEST - ACAS asked to intervene

Last week saw the issue of an interim determination by the National Negotiating Council Joint Secretaries following the oral and written evidence that was presented to them by the parties to the dispute at a meeting held on 5th October.

The Joint Secretaries observations (attached) raise some serious questions about the underlying aspects of the dispute and recognise the fact that industrial relations have reached an impasse. It is therefore no surprise that a key recommendation in the determination is that the parties agree to urgently meet with the Advisory, Conciliation and Arbitration Service (ACAS) to explore whether a resolution of the dispute can be reached.

At the time of writing we understand that a senior ACAS Conciliator has been assigned to the case and that attempts are underway to contact all parties to see if an initial meeting can be convened later this week to map out a series of further meetings where the parties can attempt to find common ground.

What this dispute is about

Whilst the probation unions are fully prepared to enter discussions that can be brokered by ACAS, we thought it would be helpful to again spell out to our members (and prospective members) why we have had to lodge a formal dispute with the three CRC employers concerned.

Job cuts and voluntary redundancy: The unions have made it clear that we oppose the concept of further staff reductions as we remain unconvinced that they are justified. The unions are also concerned that the operational model Working Links are trying to construct is unproven and represents a risk to the safety of staff, clients and the public.

Nevertheless, the probation unions have made it repeatedly clear, despite the employers intention to press ahead with their staff reduction programme, we are insisting that the option of enhanced voluntary redundancy must be promoted across all three CRCs in order to see what impact this might have on staff currently in post. We have also urged Working Links to instruct their CRC's to seek serious expressions of interest from all staff for EVR so that some informed modelling could be undertaken whilst issues about future WAV volumes and funding are confirmed between the CRC owners and NOMS.

Pay up on EVR: as we have consistently pointed out, without the above steps being taken the unions cannot be seriously expected to countenance a reduction in EVR terms when some staff have already been awarded full packages.

The replacement of the EVR scheme for an inferior voluntary severance scheme is also unacceptable because:

• Under the terms of the National Staff Transfer and Protections Agreement, we do not consider that the employer has demonstrated fair and equal treatment of all staff.
• The employers have not engaged in transparent, equitable and straightforward processes relating to re-organisation.
• That they have not ensured that unions are properly consulted with and kept informed of plans to reduce the workforce to a so called end state by 31st March which is essentially the locus of this dispute.
• The existing redundancy policy within DDC CRC does not allow for a variation of the terms for voluntary redundancy and we expect this to be the benchmark across the whole of the Working Links CRC estate. We have offered the support of our local reps in working to a harmonised redundancy policy and this remains on the table. Instead we are now seeing arbitrary attempts to force through changes in each CRC's policies while a dispute is in existence.
• It is the fault of the contractor that they have failed to adequately take account of their obligation to understand and recognise the express terms and conditions of their potential workforce that were made known to them in the pre-share sale process.
• The employers continuing refusal to withdraw the Section 188 notices which we believe will allow CRC employers to rely on in future as justification for commencing a formal period of consultation over compulsory redundancy.
• The failure by the employer to agree to any moratorium or period of reflection to reconsider the current staff reduction proposals in light of the Probation System Review.
• The lack of additional funding from Aurelius the new owners of Working Links whilst the possibility of new ventures are promoted amongst staff in fear of their livelihoods. We again reiterate our request to meet with members of the Aurelius senior management team so that we can be convinced about the availability of funding to avoid unnecessary job cuts.

Join a trade union now!

The dispute between the Working Links/Aurelius CRCs and the probation unions is about protecting jobs and public safety and ensuring that if some jobs have to be lost then individuals are entitled to the same compensation as already paid to other staff. This, and many more reasons, illustrate why it is more important than ever that staff across the three CRC's belong to a trade union.

More news will be issued to members at the earliest opportunity but the above statement has been issued by the probation trade unions to confirm our position as a response to misleading announcements issued by senior Working Links management.

--oo00oo--

National Negotiating Council for the Probation Service
Standing Committee for Chief Officer Grades

Employers’ Side Secretary: Francis Stuart 

6th Floor 

Clive House

70 Petty France

London SW1P 3LW

Trade Union Side Secretary: Ian Lawrence
4 Chivalry Road

London SW11 1HT

SCCOG/GMB Joint Secretary: David Walton

14 October 2016

Paul Hindson Working Links
Dianne Powell HR Director Working Links
Dino Peros Napo
Denice James Napo
Pen Gwilliam Napo
Ceris Handley Napo
Rob Robbins UNISON
Glyn Jones UNISON

By e-mail

Dear Colleagues

Dispute between Working Links CRC’s and Probation Trade Unions

Thank you for making the time to meet with the Joint Secretaries on the 5th October to discuss the above dispute and/or making written submissions to us.

We have now had an opportunity to consider the various representations and would wish to make an interim determination as follows.

Background

The Joint Secretaries are aware that the Probation trade unions registered a dispute with Working Links on 28TH June 2016.

This followed months of discussions at Joint Unions and Management level and a number of JNCC’s within the three Community Rehabilitation Companies concerned namely:

• Devon Dorset and Cornwall
• Bristol. Gloucester , Somerset and Wiltshire
• Wales

All three CRC’s were recently acquired by Aurelius but, as far as we can ascertain, continue to be managed by Working Links.

The issues that have given rise to the dispute appear to centre on three key areas. Firstly, the intention of the CRC employers to reduce the staffing profile across the three CRC’s by around 38%, the terms for Voluntary Severance now on offer in place of the Enhanced Voluntary Redundancy scheme made available to some existing and former staff, and the level of consultation afforded to the trade unions by the employer under the terms as contained in the National Staff Transfer and Protections Agreement. Whilst we understand that there has been protracted dialogue between the parties, the Joint Secretaries are concerned that it has taken so long for an approach to be made for our intervention. This has limited the scope for us to intercede as constructively as we would have wished especially given the deterioration in relations between the parties.

Interim determination

1. Given the nature of the exchanges with the parties, the Joint Secretaries are seeking clarification of some issues with the NOMS Commercial Directorate (who were unable to attend the JS meeting.

2. It is abundantly clear that despite the efforts of all parties and for any number of reasons, industrial relations are at an impasse and would benefit from the urgent intervention of a third party in the form of the Arbitration and Conciliation Advisory Service (ACAS). Given that this possibility has been put to the parties who have signalled their readiness to engage in this process, the Joint Secretaries would recommend Mr John Woods be contacted in order to facilitate matters.

If this route is followed we invite the respective parties to provide a progress report to us by 3rd November for our further consideration.

3. Whilst there are clearly major points of disagreement between the parties the Joint Secretaries believe that all parties appeared to be genuinely committed to reaching an agreed position if at all possible. The Joint Secretaries would therefore recommend that the CRC employers make reasonable and structured additional facility time available (and workload relief) to enable local Napo, Unison and GMB representatives to take part in these further talks and subsequent engagement between the parties with the position being reviewed at the end of March. If ACAS intervention is agreed we strongly recommend that talks are convened with the utmost urgency with the parties acknowledging that these may need to take place within an intensive timetable.

4. The Joint Secretaries have examined the written exchanges between the parties and the oral representations that were made to us, and would recommend that the following key issues should be factored in to ensure a fully informed process. We commend the fact that there is an existing ‘issues log’ which tracks the key aspects at large in the dispute. This should be updated where appropriate and reissued to all parties (including ACAS, if the parties agree to use this approach) no later than 7 days from the date of this letter to assist the dialogue. The parties may also bring such additional documentation as they see as relevant to the attention of ACAS.

- The rationale for the proposed job reductions and their connection with the current operational model and the implications of any potential contractual changes that may follow as a result of the Probation Systems Review;

- Full and open dialogue over the issue of client and staff and public safety in terms of the Operational Model.

- The rationale as to why the Enhanced Voluntary Redundancy Scheme that has already been made available to a number of employees in the three CRC’s concerned is no longer available, and the implications of the recent offer by the employers across each of the three CRC’s of an alternative Voluntary Severance scheme on lesser terms;

- In this respect the Joint Secretaries believe it would assist the discussions if the employers’ refrain from committing agreement to any of the existing applications for Voluntary Severance until further dialogue has taken place as suggested.

- Consideration of the potential equality and demographic outcomes of planned staff reductions by whatever route, especially in relation to the gender aspects.

- Clarification of the exact terms of any early retirement scheme that may be offered.

- Clarification of the status of the Section 188 notices that were served on the trade unions which are clearly a major point of contention within the dispute

- How the parties may put in place a structured and formalised joint approach to avoiding compulsory redundancies by considering invoking the existing redundancy policies and the Management of Change protocols contained therein We note that the employer in the DDC CRC has recently signalled an intention to review the existing compulsory redundancy policy. We also note that the trade unions are unwilling to engage in this discussion whilst a dispute exists, this is an unhelpful situation and the Joint Secretaries suggest that in accordance with our suggestion at paragraph 2 above, that this additional impasse be factored into third party discussions.

- How the parties may be able to facilitate a resumption of local JNCC’s and the Joint Union and Management Forum

We are hopeful that the foregoing represents a constructive agenda which will facilitate the forthcoming dialogue. We wish the parties well in the deliberations to come and remain available to assist if necessary.

Yours sincerely

Francis Stuart
Ian Lawrence
David Walton

NNC/SCCOG Joint Secretaries

Cc Ben Priestley, UNISON
John Woods ACAS
Natalie Sands NOMS Contract Directorate