News From London Napo 2

Due to the sheer amount of activity at the moment, it looks as if we may have to start double-posting on a reasonably regular basis. Thanks to the reader for forwarding the following, circulated to all Napo London Branch members yesterday:-

TO: NAPO members Tuesday, 7 November 2017
The circular below was sent to RISE members this morning. We are sending it out to all members for information only.

MTC NOVO RISE TUPE TRANSFER (No.1)

TUPE TRANSFER CONSULTATION – QUESTIONS FOLLOWING STAFF BRIEFINGS (03/11/17)

INITIAL OBSERVATIONS 

On Friday 3rd November, I attended the RISE staff briefings, hosted by MTC Novo, to introduce themselves and set out their initial plans to staff potentially in scope of TUPE. What was evident was that MTC Novo had not anticipated the high level of staff engagement in RISE and the high level of anxiety about the future operating model. It was interesting and helpful to see staff asking respectful but forceful questions of the CRC representatives - and it is evident they will need to be more forthcoming about their future operating plans to meet their obligations to inform staff as part of the TUPE consultations.

Myself and/or Napo will be attending all of the formal consultation meetings during November. I have already told MTC Novo that, in no small part due to the limited detail about the future operating plan for staff transferring, it is not credible to expect to conclude this process in November as scheduled. I will be re-iterating this at the first meeting this Wednesday (8th).

For the same reasons Napo will be informing MTC Novo that no one to one meetings should take place with staff until the operating plan and the implications for staff is clearer and able to be shared with us for consultation.

KEY QUESTIONS 

As anticipated there are some obvious and big, critical questions all staff caught up in the transfer will need to have answers to, as soon as is possible. These include: 

• Are support staff going to be accepted as part of the transfer, given that all of their work relates directly to TR functions? This is important if redundancies are to be avoided and institutional knowledge (including around pay, pension, performance, etc) are not lost in any transfer. 
• In the new operating model how many staff do they anticipate needing to run accredited programmes and at what grades? What exactly will these programmes be? And will the operating model anticipate staff only working on accredited programmes or combining this with other work? MTC Novo should have particularly noted the staff’s concerns about commitment to accredited programmes given that many senior managers have prison backgrounds and the perceived scepticism about the value of many courses in the prison sector, raised during Friday’s meetings. 
• For staff who transfer, how will pay, pensions and continuity of service all be guaranteed now and post-transfer? 
• How will any pay awards between now and the proposed transfer impact upon RISE staff– will these be co-ordinated and negotiated jointly? 
• Is there a genuine risk of redundancy before or after the transfer if the CRC does not need all of the RISE staff, especially given their reasoning for not renewing the contract being they can do this work more efficiently themselves? (see below for more on this issue) 
• What actual practical support can RISE give staff who are reluctant to transfer in finding alternative employment? 
• Can MTC Novo give a guarantee that the transfer will not be impacted by any outcomes from the current HMIP Inspection? 
• What will the MOJ do to support staff, given their support for RISE and insistence they were supported to be “spun-out” as part of the TR contract? 

Some answers were provided, at least partially at the briefings and Napo will be asking for formal clarification on these during the coming consultations. These included that current pensions and continuity of service will continue to be guaranteed for staff transferring who are members of the LGPS and that it is anticipated that few other key terms and conditions will be changed before the transfer (although this will become clearer when MTC Novo publish their measures). Staff in scope who are members of the RISE supported pension scheme will also need to know if they will be able to transfer their pensions, or continue with the scheme they have.

MTC Novo and staff in non-LGPS schemes will need to be aware that minimum pension contributions will increase to 5% in April 2018 and discussions will need to take place to know how this will be managed so as to avoid staff being encouraged to opt-out of their pension scheme.

Staff pay dates will change as a measure. Other measures will be presented shortly.

RISK OF JOB CUTS OR CHANGES TO JOB ROLES 

MTC Novo have said they have no intention of cutting posts prior to any transfer. This is not surprising as this transfer is evidently TR related and as such, redundancies could attract the enhanced TR legacy redundancy terms. However, given the reality of the reasons behind the transfer, rooted in their not being as many referrals as anticipated in the original contract, it is highly likely that MTC Novo will be looking to reduce the number of staff working exclusively in accredited programmes after the transfer.

This means we can expect things to get complicated. There are a range of options and Napo would be committed to supporting routes that protect the maximum number of jobs whilst limiting personal risks and championing maximum personal choice for members. We would expect MTC Novo to look to find suitable candidates to fill other vacant posts before making people redundant, for example, whilst we would oppose any member being forced into a role they didn’t feel trained or capable of meeting simply because MTC Novo didn’t want to meet an obvious redundancy cost.

Because of this uncertainty it would be unreasonable, unsettling and potentially counter-productive for any one to one discussions and “on-boarding” to start before the operating model is known and consultations have concluded. Napo will be pressing this point firmly with all parties.

However, at this stage inevitably there is only uncertainty. On this basis it is even more important than ever for staff to have the protection afforded by union membership and access to help, advice and support – which is why Napo are already working with both MTC Novo and RISE management to support any new volunteer Napo contacts and Reps, including supporting training, coaching and specific briefings from myself. Any volunteers please contact Napo directly.

In this period of uncertainty it will also be critical that staff feel they can raise any concerns or questions confidentially and that any collective view that emerges can be raised promptly and professionally. For this reason Napo will be holding regular open forums for RISE members to ask us any questions and raise any concerns, confidentially if needed. The 1st of these is on Friday 17th November (pm) at the London Branch meeting, held at Hamilton House, Mabledon Place (near Euston and King’s Cross station).

PLEASE SHARE THIS NOTE WITH COLLEAGUES WHO MAY NOT BE MEMBERS OF NAPO.

Remember you can get cheaper subs by paying directly through Direct Debit and can also access our extensive new Napo members’ Benefits Package and save the cost of membership in full.

DEAN ROGERS (Assistant General Secretary)

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For those wondering, this is the background:-

RISE Mutual is a Community Interest Company (CIC) owned by its employees.

We design and deliver behavioural change programmes, training and new approaches, grown from our work within Criminal Justice, to transform the lives of individuals, families and communities.

RISE is one of the largest public sector mutuals in the UK. We are committed to providing criminal justice and rehabilitation programmes for people convicted of offences such as domestic abuse, violence, acquisitive crime and drink driving. Our family-centred approach to tackling domestic violence means that in addition to facilitating change in the behaviour of perpetrators, we also provide a safety support service for victims of domestic violence and abuse. We share our expertise in these areas by delivering training workshops for other organisations working with perpetrators and victims.

We are proud to be the first employee owned mutual in the UK delivering probation services. Employees are actively involved in decision making and shaping the future of RISE. Our employees largely come from the former Interventions Department of London Probation, so they posses a wealth of experience in working with offenders. Our experience, specialist skills in offender rehabilitation and established networks enable us to design and deliver solutions that cater to the needs of local communities.

Our range of programmes and services are designed to facilitate change in behaviour through:

1. Rehabilitation
2. Education
3. Social reintegration

Our background in criminal justice
RISE was formed as a result of the Government’s Transforming Rehabilitation programme. We deliver specialist offender rehabilitation services in London as part of our contract with MTCnovo, which is a consortium of third, public and private sector companies that provide rehabilitation and offender management services across London and Thames Valley. We have also won contracts with a number of London Boroughs delivering programmes tailored to complex local needs.