Tuesday 24 October 2017

Napo At Work in the South West 10

Thanks to a regular reader, here we have the latest Napo Branch report from the South West. A long read certainly, but containing some gems, particularly regarding finance and the 'bung' that the government paid to the CRCs a few months ago. You have to admire the tenacity of those local union reps:-

South South western Napo  Branch report 20     October 2017

Dear Napo Members,

Finance?

The seasons have started their change but yet again no movement to report on the stalled and entrenched position of The Working Links Way. There have been a few moments when those of us in the branch have considered it may not be all their fault. They went broke in the June of 2015 and opened the door to AURELIUS who from what we can gather are not that reputable and the continued claims there is no money. Despite having reduced the staffing pay bill by more than half whilst recruiting new staff on less favourable terms and conditions, because that makes these staff cheaper and easy to get rid of. With less than two year’s service they have fewer employment rights. Also they are not provided access to LGPS. We in the branch, obviously wonder where the money is really going? A good place to start, and thanks to our wider Union colleagues, brought in a copy of the latest September 2017 Working Links Financial report. Not a great read if you’re not an accountant or a fan of pages of numbers. However, the few gems of wisdom the accounts did provide and are in my mind as another example of the Working Links Way, on how to avoid scrutiny! 

Parent company profit for the year
The company has taken advantage of the exemption allowed under section 408 of the Companies Act 2006 and has not presented its own Statement of Comprehensive Income in these financial statements. The profit after tax of the parent Company for the year was £8,139,000 (2015 - loss £1,117,000).
This statement lifted from page 31 of their accounts makes it known that despite the 8 million and loose change of overall clear profit to Aurelius this year, Working Links have hidden the income in a get out clause. This money is in fact from the public purse, the tax payers’ money. What it means is that without trawling the figures with an expert, Working Links way, is to deliberately hide the profits derived from the criminal Justice sector contract. We ask why? We have the tools to look and investigate this more thoroughly during this year into next. NAPO SSW Branch will report what we discover in more detail. We are a long way from the claims that they only made 250k last year and of course we all wonder why this is when their interest payments appear to read 500k.

From Page 28 

3.10 Contract viability
As noted in the Directors' Report, following the governmement's review of the industry-wide Probation systems across England and Wales, contractural negotiations have culminated in a new and favourable contract amendment via a Deed of Variation. As such the directors are satisfied that the transforming rehabilitation contract is not onerous based on expected volumes and as such no material adjustment is required in these accounts. 
The information on this contract deal reads as slippery as the non disclosure on profit reports. Yet this figure puts another 4.2 million pounds to the Working Links contract then finding its way to Aurelius. Does this new figure put the total profits up to around 12 Million? The document refers to larger sums of loans and a hefty hundreds of thousands in some pension deal for a few directors. Obviously there is lots of money despite what they say yet they find ways to hide the figures. Members, you may appreciate Working links were a bankrupt company in 2015, less than 2 years into the contract. Aurelius now enjoy the potential profits that Working links may have seen as their prize.

The 1% Pay deal.

Still on money, I had reported that we sought your entitled 1% pay increment way back in the year. Still not arrived although we had this on the agenda for the ACAS meeting on the 21st of September the management side had in fact indicated it would be paid in their Justice news dated the 18th Sept. The details of which were not communicated to the Unions.

Increment progression payment

We are aware that for our people in justice, the most recent annual incremental progression payment – effective from 1 April 2017 – has not been implemented to date. In the absence of new local bargaining arrangements, we feel it's important not to delay payment of this contractual increase for those that are eligible*.

This will be reflected in pay for each CRC on the first payroll date that falls after 21 November 2017.

This reflects the difference in pay dates for each CRC. Payment will be backdated to 1 April 2017 and every effort will be made to also include the back payment. This will be confirmed nearer the time.


This report to members is disingenuous and attempts to irritate the Unions. Members will know that it was reported earlier in the year that Ian Lawrence GS Napo had in fact raised the incremental pay issue as an entitlement. The management seemed puzzled to learn this then rejected any settlement on pay unless strings on the dispute were attached. Working links fully owned the delay and indeed in our view had no intention of genuinely paying you your money, until it was likely to become a contractual breach issue. Despite Working Links claims of preventing a delay this is disingenuous also. Only some staff will be eligible and those who do get the lift will only see 1% and the back pay to come later. That is more delay by Working Links. They know they owe our members the money and have done since before April. They know it’s a contractual obligation. With all those millions in their account and massive interest agreements and suchlike, yet nothing for the frontline workers who are making their profits. Aurelius enjoy the interest which should have been paying your mortgage and bills. Ironically the report came in the Working Links Justice News but there is nothing just about this! Even worse while spending so much energy on hiding their secrets of profits, the Working Links way failed to secure another cash cow contract in early October by losing a further large government contract on employment and health. You might ask yourselves are they happy and comforted by the millions already scored, are they warm from the glow of red fifties in new bank notes piling up from staff reductions? Or should they be in some despair as to what contracts they ought to\need secure to fund those worried staff. Probably neither as they seem preoccupied in calculations of lost profits and to rid staff in cheapest form of potential redundancies yet to come in other sectors of their activity.

The HMIP Report Gloucester.

Members may well have read our open branch letter to the DDC CRC Director dated the 7th September relating to the August report. The letter has not been responded to and I will not be looking out for a reply as the Working Links Way has been established to avoid, deny and put spin on all things uncomfortable and for public reading. The ways in which the unions have complained about treatment of terms conditions and contractual obligations are matters they continue to ignore. Sadly for them however, the HMIP report makes it painfully clear the Targeting Offender Model and majority of its activities do not work on the staffing and cost cutting measures. All the areas Unions had warned Working Links of this likelihood well before we initiated the dispute in DDC and then the whole region. Consequently throughout the standoff a continued failure of the Working Links to engage meaningfully has beset all Trade Union relations. It remains a choice they have made. The HMIP report has provided another platform to take issues up with all the regional PCCs Police and Local authorities’ chief execs. The failings are so serious that Unions cannot fail to alert the public to rising risks of serious further offences and this is well supported in the recent news that overall crime is up

The Office for National Statistics said crimes in the 12 months to June were up from 4.6 million the previous year. It said crime categorised as "violent" rose by 19%, with rises in offences including stalking and harassment.
Napo concern about the current T.O.M. having not been released to the Unions or genuinely having been verified independently, will only continue to contribute the worrying trend of increased crime figures. Members can see the irony. Napo have made it clear we seek a further review of the current operating procedures and would want an inspection of this flawed model. What operates in Gloucester is being imposed in the DDC region while there are still no agreed workload weightings and no agreements on caseloads. These issues featured in Gloucester, yet despite this the intention is to continue to drive home the further embedding of the flawed model rather than take Union’s concerns seriously to stop, review and react to the messages that are loud and clear in the HMIP report.
“This CRC’s work is so far below par that its owner and government need to work together urgently to improve matters, so that those under supervision and the general public receive the service they rightly expect, and the staff that remain can do the job they so wish to do.”
The ACAS Meetings

This took place in Bristol in September and was well overdue from the long summer break. Nothing was achieved at this meeting in real terms. No silver bullet, no fast cure, and no sign of any remedies that the Working Links scripted and rigid input maintains the impasse. Some confusions over the pay offer dominated part of the session and our own sides not actually re-focusing effort on the genesis of the dispute adds to the mix of the number of unresolved issues that we see no obvious fast solution. The odd glimmer of a breakaway from the script was the response to the Gloucestershire HMIP report. The Working Links view gave an excuse for the appalling report it was to blame the staff .

They stated

⦁ The HMIP inspection visit came at an unfortunate time
⦁ Staff were blamed for women who were off on maternity leave
⦁ Staff were blamed for many leaving around the time of inspection
⦁ Staff were blamed for high sickness levels

This was stated and I still can’t believe I actually heard, and I wrote it down. Members reading this, it is incredible in the modern day, that Working Links could actually say this and believe it, let alone attempt this ridiculous direction to convince the Unions. What Working Links appear to be saying is that the HMIP findings are excusable given the reasons they offered above. The equalities issues this inappropriate excuse list raise places the spotlight on their backward analysis. A failing structure that is currently clinging to an exploitable yet poorly constructed contract as they have little else to sustain them. The remainder of the meeting was the usual scripted propaganda that they continually repeat. We do get irritated of their doggedness to hold on to a failing message. We know they are stuck and as such we could not agree with Working Links on matters that continue to deprive our members of the staff transfer and protections arrangements, and the continued variations to staff contracts and the failing working model.

Despite Working Links claim they had already drafted an emergency plan, and had rolled it out to the Gloucester area, this was challenged by Unison who had first hand knowledge that this was not the case. Working Links immediately back peddled and claimed they intended to roll out an action plan shortly. We get tired of this tardy, on the hoof, chancing approach. They also claimed they had already agreed a response to the HMIP report in a plan with the MOJ. We wait and see what now happens in Gloucester and will keep you informed as this impacts on DDC.

Whole System Improvement WSI

There has been quite a bit of talk of the failings and when the current situation will hit breaking point. However it seems this may be avoided as the Director of Community Interventions now realises urgent action is required. The launch of the WSI has serious implications for the continued way things are done around here. I have no doubt there will be more contractual rearrangements. It will not be long for all the key authorities to begin to realise that paying for any private company, the contract bid winner, to continue interfering badly within the complexities of the criminal justices system is money well wasted. It appears to most, CRCs now cost more than any area did as a single public service Probation Trust. Private companies have given us poor buildings, poor communications, and failing leadership structures. The devolution of Probation will need to be arrested fast, and attempts to rebuild it will be hard. The WSI thankfully has earmarked some key areas to look at immediately .

The Whole System Improvement Board have identified 4 initial work stream priority areas:

  • rate card 
  • workforce strategy
  • Strategic System Improvement (Reducing Bureaucracy) 
  • Transforming Rehabilitation interface processes
For the Unions, a workforce strategy is well overdue and we need to find ways to re-recruit the loss of skilled staff, and to retain properly and fairly those who have endured the situation so far. Proper account of the age demography needs to be understood as does the potential for the new training cohorts. This applies to the NPS and we need to look carefully at how we reintegrate our common purpose. We are aware of recent developments to ensure greater use of the CRC services from NPS but this is more about sharing the money to prop up the contractors continual complaining for more money to profit than actually deliver a proper service. The HMIP report makes that clear.

The WSI has been well reported in the popular media sites and commentary from the NAPO AGM. The initiative was advertised on the NPS system only. This excluded any potential applicants for roles from the CRCs. It makes me wonder at least, what it will finally end up becoming but we remain optimistic at this stage, we’ll see.

The Working Links Road Map

Most staff will now have attended these briefings across all staff in DDC. I am struggling to find something positive to say about it. Billed as a mandatory event, both Denice James JNCC rep and myself attended. Patiently listening to what can only be described as a bit late in the day bonding and forming exercises. We are all in it together! It has been a while since I did a jigsaw puzzle which was used to prompt the connecting of a road map picture. It could have had a few dead ends on it, some one way streets and a set of traffic lights the sort of reality we have received from Working Links but it was not there to capture the real big picture at all. While it was a staging exercise to give staff a joined up approach to the Working Links Way, and where we all fit in the process. Included was our collective and individual positions and future depending on the context of bidding outcomes to success. It was soured for some as the news had just broken that in fact Working Links were not successful in their recent work health bid. What this means for staff in other parts of the Working Links way is not clear. The event was a PR exercise and for me at least after what we know of the real conduct of the Working Links Way it won’t be enough to cover over the cracks already well formed. The retention of many staff who are expected to accept new roles that have not been negotiated or agreed on or with appropriate workloads. This is not going away, no matter how many more road trips or smooth gloss over presentations. The other Working Links road to going nowhere fast was not printed on the map either. We continually hear reports of staff getting tapped on the shoulder with an invitation to leave their jobs on reduced terms. It creates an awful working environment of divided staffing groupings. Thank HMIP for looking at part of this contract holder’s super highway on shortcomings, making enough clear references to major issues and a rethink is needed. Something we claimed from the Unions is well overdue. Perhaps a new map and a different direction?

Waiting for Working Links or not?

Following the road map events the General Secretary of NAPO, Ian Lawrence, has announced with our Unison colleagues that a series of Joint Trade Union meetings are to be called.  The first is on the 26th October at Poole with the branch and as many Unison and NAPO members are welcome. Details on the flyers are already out. Some of this meeting will be to look at the ways our joint members interest will served by exploring and looking at indicative ballots for appropriate action in response to the issues as we currently face them. Make sure you find out the dates and attend the meetings in supporting the branch to ensure your views are heard and your terms and conditions are protected.

The Parliamentary Inquiry Justice committee

Please use the above link to look at what this means. As Chair of the branch I will be submitting a branch response that some of our colleagues have already provided details of the issues in areas they work. However, to build our case to something substantial and evidence based we need your continued input to the daily issues and problems we all face since TR and the Working Links Way. You can also follow the online advice and do some personal contribution. Napo nationally will also collate material and send that to the committee and I suspect Ian Lawrence will likely be called again to give further evidence with Ben Priestly of Unison.

The deadline for written submissions to be made is Friday 17 November 2017. Written submissions should be made via the web portal. Submissions need not address every aspect of the terms of reference and should be no longer than 3,000 words.

The Government now finally appear to realise the disaster that they have set in train and are looking for remedies. Please make sure you all use this opportunity.

Finally

For this branch report at least your Union reps including Wales and BGSW are showing no signs of any reduction in our determination. We reject the way we have been treated and the detrition of our terms by the deliberate actions and failures of the Working Links Way. It is taking its toll on the reputation of Probation and our formally good standing. On Wednesday 25 10 17 we are set to see another expose in the Panorama TV programme which will no doubt feature some more uncomfortable national coverage. The consequences may well call for a further local and regional inquiry from the General Secretary. We will keep you posted.

If you are reading this and not in a union now then join Napo support the local branches protect your terms.

Dino Peros Napo Branch Chair SSW.
Denice James JNCC Rep Napo
Cc Ian Lawrence General Secretary Napo. Unison officers

26 comments:

  1. It's pretty clear that there are no constructive union-management relations in the South West. It's also clear there is an imbalance of power - the union has no bargaining power and functions more as a spectator than participant.

    Citing the ONS figures, which relate to rising police reported crime, needs to be balanced with UK Crime Surveys which are not indicating similar increases.

    https://www.theguardian.com/commentisfree/2017/oct/20/violent-crime-rise-police-figures-different-story-office-national-statistics

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    1. Thank you Working Links spokesperson. I think we do have power and leadership in the branch. It is obvious what a thorn to the management plans are, and continue over 18 months. The crime issues rising is an indication that privatisation do even worse than that of the public service.

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  2. I am keen but have concerns about submitting evidence to the Justice Select Committee: I think it is required to publish its evidence, including the identity of contributors. I don't know. Bob Neil said he was keen that anyone contributing would have some sort of "immunity" but formal permission to submit, and hideous behaviour of employers outside of formal processes, are two different things. NAPO could organise locally to collate responses? But time is tight

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    1. Napo HQ SHOULD have organised but haven't. Yet another opportunity missed by the union. One wonders if one/some/all at Napo HQ truly are in the pocket of MoJ/HMPPS. The last two or three years have seen little else but incompetence, capitulation & collusion.

      Just look at the work of Dino & Denice, against all odds. I suspect they have had to drag a very reluctant GS into their dispute. There was no Napo leadership in the Sodexo areas and sadly no on-the-ground terriers like Dino & Denice. NB: That is NOT a criticism of the local reps in those Sodexo areas - they were ground into the dirt by a well-oiled multinational machine & their well-rewarded local collaborators, & left in a vacuum of silence and inaction by Napo HQ.

      It IS, however, a salute to the extraordinary efforts of Dino & Denice.

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    2. For those who haven't read this in the JSC guidance:

      * If you do not wish your submission to be published, you must clearly say so and explain your reasons for not wishing its disclosure. The committee will take this into account in deciding whether to publish. If you wish to include private or confidential information in your submission to the committee, please contact the clerk of the committee to discuss this.

      Contact details:

      House of Commons Information Office:
      Telephone: 020 7219 4272
      Email: HCinfo@parliament.uk
      Text phone: dial 18001 219 4272
      Houses of Parliament Switchboard:
      Telephone: 020 7219 3000

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    3. There is no 'silence and inaction' by Napo, they will be submitting written and oral evidence to the JSC.

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    4. It may not be so in respect of this inquiry but there WAS silence & inaction during the Sodexo clearances - which was exactly the point being made by 09:39 above.

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    5. In relation to the branch report at the start of this blog. Why don't we get this level of information from NAPO Head Office?
      As to the submissions to the Select Committee. Did you see NAPO's performance there? Hardly impressive, especially compared to UNISON>

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    6. 11:54 – My recollection of the dispute in the Sodexo area is that there was minimal support amongst the local membership to resist and many members chose to leave. And, despite all the union activity in the South West, I don't recall much by way of actual action to resist – likewise, members there chose the severance route. I could understand enthusiasm for the South West approach if anything had actually been achieved – but there have been no gains, though there has been much rhetoric. It's easy to blame the Napo leadership, but no union in the public services – doctors, nurses, prison, police, etc – have been able to counter the pay freeze or the massive cuts to budgets and cuts to workforces. I could understand criticisms of Napo if other unions had been able to protect pay and jobs in their sectors – but they, too, haven't been able to turn the tide. Turning against your national union in difficult times is manna from heaven for our true enemies.

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    7. 14:05 - Sodexo area issues were far more complex than "minimal support amongst the local membership to resist and many members chose to leave". A key factor was that Napo had already lost many members in the 12 months before the screws were really tightened, mainly due to HQ being out of its depth from the get-go, as evidenced by the pisspoor national agreement on staff transfer. The privateers and MoJ/NOMS were well ahead of the game when those ludicrous terms (glaringly favourable to the new incumbents) were signed off by Napo, including the 'generous' EVR deal which was written in disappearing ink - never to be seen again.

      I suspect Napo's 'silence & inaction' was partly a shock reaction to the bold & brazen tactics of an aggressive multinational & their paid assassins (including Whitehall mandarins) but, rather than admit this and seek advice, HQ hid under the duvet hoping they would wake up and find it was a bad dream.

      Local Napo reps were hamstrung by this and the haemorhage of membership followed... some to Unison, where many found a similarly unhelpful scenario at that time.

      Individuals were then targetted by Sodexo's bullying strategy & left in no doubt what was to follow, and the voluntary quota was achieved.

      Much criticism and anger has been focused upon those who are paid handsomely to advise, represent & protect the membership; and when that protection failed to materialise at a critical time i.e. when the membership were at their most vulnerable, people voted with their feet.

      "Turning against your national union in difficult times is manna from heaven for our true enemies."

      Many could argue a national union turned its back on its membership in difficult times...

      ... but if they have learned from their mistakes, maybe there's a chance to recover some ground? I suggest there is currently no appetite for such an admission.

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    8. Good defense on criticism from the General Secretary I suspect. Staff terms and conditions in the South West remain protected as a direct result of the resistance from Dino and Denise to collude with Working Links management to remove protections. If NAPO lost strong union activists like Dino the staff protections would quickly disappear as they have done in every other CRC under NAPO Top Table.

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    9. 15:30 and 15:32, Nothing has been protected in the South West as far as I can see. But if you actually have any evidence to support your assertions,then spell it out. You can't, so you spin yarns about fabled local branch gallantry. The South West has preserved nothing - and has shed staff just as other area have.

      As for your stablemate at 15:30, it's all a rewriting of history, Napo HQ worked with the local branches affected by Sodexo and this is made clear in a blog from August 2015:

      http://probationmatters.blogspot.co.uk/2015/08/an-open-letter.html

      At root, Napo comprises a membership that lacked any vigour to fight. But as this truth is hard to bear, it's easier to blame the union leadership despite the fact that you cannot point to any other union leadership in the public sector that has successfully resisted government policies.

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    10. The Open Letter only serves to reinforce that local branches were left vulnerable, without central direction & desperately trying to offer some form of guidance i.e. Team Sodexo were up & running while Napo HQ were still in the locker room deciding what shoes to put on - or worse still, wandering off to give self-aggrandising keynote speeches whilst members were being royally shafted.

      "Under the above circumstances, NAPO’s vote on the offer and it’s talk of industrial action in the longer term, does not make sense to most members. A vote to reject when you have expressed an interest in the severance offer seems, to many of us, to be a contradictory position. Also, members will be aware that a formal (as opposed to an indicative) ballot would take time to organise and the initial stages of the VS/compulsory redundancy processes are likely to have been completed before the ballot even takes place, never mind before an actual strike can be arranged. Whatever the consequences of the union’s strategy, many of those at risk will not be around to see them. "

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    11. 14.05 Have you not read about the amazing victories by UNISON, particularly in the last few months?
      Both GMB and UNITE have put up sterling defences and have shown great leadership representing working people.

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    12. 19:32. It was members who put themselves in contradictory positions! And the local branch colluded.

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    13. 14:05. Bust through the pay cap, did they?

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    14. Reads like the northern defence league is running off at 18:35. The reality appears to be in the facts. NAPO SW are up on their feet reporting and still fighting on behalf of their members and managing their branch. Who did what in the north exactly ? What dispute did they deliver anything on than open capitulation.

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    15. Hey, guess what 20:39... in our office we couldn't wait for Aug 2015, i.e. the 7 month deadline gifted to the privateers in the 2014 transfer agreement, signed off by Napo WITHOUT consulting the membership. We were so desperate to throw our professional careers away we were queueing up to put ourselves in "contradictory positions"!

      You really think Sodexo sat on their hands until July'15, when they suddenly had a moment & issued redundancy notices? No. They had at least a year to prepare their strategy. Even MoJ acknowledged this strategy by openly providing the necessary funding for PLANNED redundancies from public funds.

      But Napo were well out of their depth & wholly unprepared, leaving their members - and local branches - in deep, deep shit.

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    16. 21:56 - Essex, Norfolk/Suffolk, Beds, Northants, Cambs & Herts - to be fair, I have checked on a map & they are all North of London.

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    17. 20.40. Yes they have and they have saved jobs and pay and conditions. The pay cap isn't everything you know.

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    18. It is obvious there appears to be a divide between either unions and members or from the union areas. Why does a branch area being criticised by others for doing their level best at maintaining their unions position on behalf of the membership? Do others feel they failed to understand the task?

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    19. I think so 10.13. There is a lot of resentment from those who failed. As someone else pointed out, it's down to a lack of support and strategy from the top. People clearly didn't know what to do and members needed to have an idea of what the range of options were.

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    20. Thank you 1104. It was a point I pondered but have not seen what the difference is or was from the strategies. Clearly the same fate was imposed on staff by the contracting companies. The on going continued actions remain as the union leaders have seen something that was either missed or there was genuinely no energy to pursue protections and terms elsewhere? The local strategy whatever that is has something because they members are engaging. It might just be the lesser of two evils ?

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    21. The Sodexo debacle served as a lesson from which Dino & Denice have gained strength because they took the trouble to listen & learn. As far as I can tell from reading this blog its the local branch & their near superhuman determination that has kept the fight alive. I also sense from various posts that the GS has only been involved AFTER the significant groundwork had been prepared by the local branch.

      Wrong way round, old son. You're meant to be a leader, not a traipser-behinder or a popper-upper-when-its-looking-rosier.

      Hundreds lost their jobs, careers, pension & EVR entitlements in Sodexo areas because Napo sat staring in disbelief; ineffective, unprepared & out-manoeuvered.

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  3. https://www.morningstaronline.co.uk/a-1a36-Predictably-chaotic-probation-changes-must-be-reversed#.We8VKL3TXqA

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  4. Working Links do have a reputation for deceit and lying which is only confirmed by the above. They will not respond to direct questions either. You will not see a copy of the TOM because there isn't one, or one that is worth seeing.
    WL did not win any of the Work and Health bids they were dependent on with DWP. Suspect that their reputation with DWP is not particularly high either. Suspect that they are currently surviving off the MoJ handouts.
    What I don't understand is why isn't MoJ/HMPPS seeing the fragility of the WL (which is common knowledge) are not stepping in to take the CRC's off them and provide an emergency management committee. This would enable the CRC's to continue operating as ltd companies until the overall CRC situation is resolved, but at the same time enable the CRC's to operate with effective, innovative and transparent practices with real Managers (not the Working Links way).
    Also why is MoJ/HMPPS allowing Aurelius (a non-British organisation) to have any influence over the delivery of a UK public sector organisation, especially with Brexit discussions. MoJ/HMPPS have always been very clear in other areas of the contract that only UK based organisations should be used.
    Perhaps these issues need to be raised with the Justice Committee.
    Could the involvement of Aurelius in Working Links practices/business be the reason why DWP didn't award them any of the contracts.

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