Napo at Work in the South West 14

Branch Report 17
May 2018

Dear Members,

Since the last report in March and the Labour motion to Plymouth City Council, the City is now Labour controlled post the May elections. This could well see an amended or new motion and a return to that forum on the state of things so far on the model and public safety issues we assert Working Links present.

Pay Issues

Members will be aware, excepting those at the top of their grade, that all staff are entitled to an annual incremental pay rise which is contractual. This is not a luxury or an option and the contract holders are obliged to pay the sums on time from the payroll at the end of April. Already May, yet it is unlikely members who are entitled to the increase will see it until the end of June.

Napo on the 24th April attended a special meeting with the General Secretary Ian Lawrence and our Unison colleagues. The approach was made by Working Links to talk about pay issues. To our surprise it became a meeting on the continued finances. The subject has now become controversial as the meeting generated a series of exchanges given our rising concerns. Before formal letters could be drafted the General Secretary had agreed to confidentiality pending a further meeting. The further meeting was promised to include the Directors of Working Links including at least 4 of them. At the meeting on the 24th April the unions heard a lengthy presentation by Finances Director. While part of this was on pay, which is important to improve our members working terms, we were concerned at what was stated that sort of detracted the point. Pay claims are expected to be lodged annually as part of the national arrangements. The long running and continued dispute with the Working Links model, the structures, and the failings on workloads and health and safety are all part of the continued mess of the Working Links way. However, finances have now become the dominant issue.

Members will also be aware of the joint circular that was sent out to all staff on the 3rd of May 2018 and copied below.

JTU 14-18
Dear Colleague,

The recognised Trade Unions across the three Working Links CRCs met with senior management in London last week. This meeting was separate from the ongoing dispute with the employer and was an exploratory discussion around pay and reward and the relevant financial issues.

It was agreed that the parties would meet again at the earliest opportunity, and that the following joint statement would be issued by the employer and Unions today. More news will be issued by your union representatives as soon as it becomes available.

Joint announcement from the Probation Trades Unions and Working Links on behalf of the DDC BGSW and Wales Community Rehabilitation Companies

To: All staff in DDC Wales and BGSW CRC’s

The Probation Trades Unions and Senior Working Links Management met last week to explore the prospects for establishing some continuity in talks about pay and reward, contractual incremental progression and the areas which the unions would want to take forward as part of a future pay claim.

It had been previously established that these talks would be independent of the ongoing dispute between the parties.

The employer reported that they are currently involved in talks with the MoJ and explained the work that they are undertaking as a result of the recent findings of the Parliamentary Public Accounts Committee. This has led to some reassessment by all CRC contract holders around future funding streams and their capacity to meet the costing implications of the unions likely pay claims.

It was agreed to establish a series of further meetings at the earliest opportunity where Senior CRC Management as well as the directors of Working Links would meet with an equivalent number of union representatives to exchange information on a range of issues relevant to future pay and reward. Further announcements will be made as soon as more news becomes available.

Once the broad information of that meeting was made known to members, and given the seriousness of the implications contained as stated to the Unions, I was tasked by the General Secretary with responding directly to the new justice lead Ms D Blower and lead of the Wales part of the Working Links held contract.

The response from the lead of justice in an E-mail dated the 3rd of May 2018 included a challenge to what had been understood by the unions in the meeting. However, when a contract holder declares they want to exit the contractual agreement that can only trigger a particular response from the unions in order to secure all posts held by our memberships. There was no alternative explanation for what had in fact been offered. For members following the current situation I have copied in the correspondence below.

Dawn Blower Head of Justice Service
Working Links CRCs

3rd May 2018
Ref Meeting 24 04 18 London Unison building

In Confidence
Dear Dawn,

I am writing in my capacity as the Chair of the SSW branch of Napo. I have specific responsibilities to the members under all terms of their employment contracts. I am particularly concerned given the release of certain pieces of information from yourself and Mr R. Patel finance director of Working Links.

In order for Napo within the DDC area and the General Secretary for the regions to undertake appropriate actions, we seek that you make available certain pieces of data and material which relates directly to the total number of the Justice staff employed. How many of these in each of the CRC areas, the basis of their employment contracts whether they be Justice appointed under working links terms or NNC terms. Full time, part time, and sessional post holders. Those engaged on contracts Pre 2013 and who will be subject to the appendix B protected terms and conditions. If you are considering early retirement offers to assist the reductions of risks and voluntary redundancies to mitigate the seriousness of the situation.

Whether at this stage you’re contemplating potential redundancies and to understand that I wrote to Mr Wiseman on the 10th of April 2018 and copied to yourself

“However, our records indicate the last formal position of Working links and your own notice was that you would not be withdrawing section 188 notices. In fact you issued an update which notified an amended position and the last recorded file entry from yourself is dated 3 February 2016.”

Given the above quote from that letter and your dramatic announcement that had nothing to do with pay talks, it can be of no surprise to you that we require reassurance on the future security and protections of the jobs of our members. That, you will adopt formally all the appropriate requirements incumbent upon the contract holders and that you will notify the recognised Unions immediately, at risk measures for staff within the employment of the DDC area, become contemplated. You will need to reassure us that you will undertake notices to the appropriate authority should any DDC staff be placed at risk. You will need to publish in line with our terms and conditions the appropriate redundancy procedures for DDC staff.

Also where other engaged staff from the Working Links companies who may be at risk but will not be covered by DDC polices and could not be job slotted or transferred into justice area work. Whereby vacancies have to be ring-fenced for original transferred staff only. This follows the formal assurances that you gave the Unions when it was raised in the meeting.

I am sure you will be aware of the fact that the information required in this letter is a standard entitlement in these circumstances.

Although this is SSW branch correspondence you should treat this as the model letter for all Working Links controlled contract areas.

Yours sincerely,
Dino Peros Napo SSW Branch Chair.

This letter clarifies the union’s position as we understood their news. Effectively Napo is seeking to ensure what was clearly reported in the presentation and in a question and answer process from the Finance Director for Working Links, they actually did want to find ways to end the contract. To be fair, and not wanting to generate a who said what exactly debate, what was certain enough that the current arrangement of underfunded CRC costs could not continue on into the future. The risks of loss were too great and while the key arguments of financial borrowing service fees and credits continue the talks with MOJ shall be decided by the end of June.

In that news then there will certainly be no pay increase talks and this encourages a dissatisfied work force when you consider that other CRCs have already done significant deals in other areas. The response to the letter by e mail from the lead of Justice Working Links followed on the 03 05 18 below.

Subject: RE: Dawn Blower letter for information ref contractual notice 02 05 18

Good afternoon Dino

During our meeting on 24th April we were clear there were to be no reductions to CRC staff and I would be disappointed if the message to staff from unions was anything different to that. For absolute clarity:

CRC staff have not been put on notice of redundancy and there are no plans to do this. I trust this is welcomed.

This includes CRC people working within Corporate Services whose roles remain and they will now work specifically on CRC business except in a few cases where they may straddle both CRC and Employability services.

Should there be a situation where CRC staff positions are at risk at some point in the future then this would be raised with the unions. I stress again that this is not the current position.

There is no plan to "slot in" employability staff at risk of redundancy to CRCs although they will of course be eligible to apply for vacancies and we would welcome applications from our colleagues provided they meet the skill set requirements.

The circumstances are not as you describe and whilst we do not wish to withhold information there is no obligation to provide this. Happy to discuss what might be helpful at the next meeting on 15th however we are agreed that we will be keeping talks separate from the on-going dispute and will be keen not to stray in to these areas as per the current agreement.

I hope the above clarifies the situation and provides reassurance. Your interpretation of the information we shared isn't a true reflection of what was discussed and I do not expect any suggestion of CRC redundancies to be shared with our people, as there was no suggestion of this.

Thanks

Dawn Blower
Cyfarwyddwr Prawf
Probation Director

While this response was a reassurance and a small rebuttal to the bigger finance issues coming to surface in the earlier talks it did not go far enough to satisfy the unions concerns. When any company reports no money and no prospects on pay with delayed incremental entitlements while in many other parts of the contract areas there has been a cost spending reductions bulletin. In Working Links controlled areas many staff have just not been paid and many usual payments are all being held up. It is not surprising many staff become increasingly concerned. Obviously to re-engage the issues I followed the e mail with a second formal letter. It makes the position clear and the responsibilities for Companies in Contract with the MOJ that in fact they are not allowed to end their contracts. If this is a discovery to you reading this it is a real concern to think that the figures paid out to Working Links in their annual accounts is breath-taking when you look at the administration fees. I doubt there are any real losses just a less than desirable higher end profit margin than was understood in their clamour to grab at contracts. Despite this they could not realistically be allowed to leave for at least another 12 months from the agreed dates of the termination MOJ controlled process so the picture really is bleak.

I never heard Working Links whining or bleating when they waded in and altered members’ financial terms as they cut down their entitlements to a severance trick. Ok to be fair all those takers were volunteers. More fool them then and the arrangements are outlined in the management of CRC plans. You decide.

Dawn Blower Head of Justice Service
Working Links CRCs.

8th May 2018
Ref E mail response

Dear Ms Blower

Thank you for your reply to the letter dated 3rd of May 2018. I am surprised at your coverall response without substance or detail considering the seriousness of the facts put to the unions by yourself and the Working Links Finance director during the meeting of the 24th April.

In relation to any staffing reductions, the unions welcome such a reassurance but it was made clear neither you nor Working Links would be in a position to make any forward lasting decisions. For your clarity, at no point have I indicated a view that there would be staff reductions. I have a responsibility to ensure all members receive assurances that their jobs will be retained. You say

“CRC staff have not been put on notice of redundancy and there are no plans to do this. I trust this is welcomed"

Your statement is welcomed, however, you must appreciate the contradiction you go on to make.

"Should there be a situation where CRC staff positions are at risk at some point in the future then this would be raised with the unions."

It is the trade unions’ responsibility to ensure you have been approached in writing and to seek to guarantee protection of member’s jobs.

Having such a meeting on 24th April, claimed to be based on pay and rewards but which turned out to be a financial forecasting meeting where it was announced in fact, Working Links want to terminate or exit the contract based on the finances and profits.

What this means to us, is in your own current role under Working Links auspices any assurance will be worth nothing in a little over six months’ time, providing you follow the exit contract requirements. The threat that members will be at risk cannot be ignored for this reason. Working Links have to reconcile roles and the separation of the CRCs duplications and cross dependencies in jobs and other major strands.

Critically, financial issues that your Finance Director stated meant that you were not able to hold meaningful pay talks. In fact colleagues had asked if you could make the current pay bill. With these concerns and what is obviously a lack of genuine and full information from yourself, the notion that you assert that staff will not become at risk is just not credible.

Our understanding of staff employed under Working Links adjusted contracts within justice services, and who have less than two years employment, could well be dismissed, without any entitlements to a redundancy payment. Therefore, at no cost to Working Links and with reduced need to consult the unions to some degree. Save to say you still have to consult meaningfully on the procedures to be adopted in relation to such a process. This has been raised in my letter. You have ignored the critical questions.

In relation to legacy and full rights of protected staff you had no idea where the remaining contractual period will be passed on, other than a suggested return to Authority. Resale was ruled out and it was spoken of as the return to public ownership by your Director. Will you now categorically state what will happen to the staff who are outside of any protected legacy appendix B arrangements? What assurance can you provide for their jobs to be taken forwards after Working Links exit? It is only under a termination by the Authority whereby they would pay dismissal costs as stated

"redundancy payments for employees of the Contractor that have been or will be reasonably incurred by the Contractor as a direct result of termination of this Agreement;"

If you do not have sufficient finance currently for your obligations, then how can you manage the pay claims and other financial information above which extends beyond what you told the unions in April? What evidence have you to support any funding streams to exit on the required contractual terms? Keep in mind the contractors of the CRCs have no contractual basis by which you could exit the arrangements without all liabilities being settled.

The Contractor shall have no right to terminate this Agreement at law or under the terms of this Agreement.

This is the situation. Either Working Links retain as an obligation, or indeed is it Aurelius who should respond to this question?

In good faith the General Secretary extended a period of confidentiality whilst talks would start on the finances situation and how the membership should rightly have a pay claim met as well as the legal incremental entitlements.

However, despite the small and limited responses that were given to a series of important questions at that meeting, on the 1st of May the management released significant details of the finance situation to all staff. This reflected much of what was said to the unions and prior to the agreed joint statement publication. It upset many members who expressed concerns over the future viability of both Working Links and to the jobs they do.

You went on to state

There is no plan to "slot in" employability staff at risk of redundancy to CRCs although they will of course be eligible to apply for vacancies and we would welcome applications from our colleagues provided they meet the skill set requirements

What is clearer now is that you acknowledge in fact Working Links staff are at risk of real redundancy. Those staff on notice of risk can now apply for a DDC justice job or reasonable alternative redeployment. On what lawful redundancy process are these potential redeployments being offered? Why have you not consulted the unions on the process you intend to use? You will potentially now put DDC contracted staff at risk themselves in the short term. This cannot continue. We again ask what legitimate procedure are you engaging staff to DDC? It is inconceivable that you would not know that some Working Links staff have been offered alternate roles in DDC, without any process, in the past four weeks. This fact makes your claim above just not true.

We appreciate your attempt to reconcile concerns quickly, however your response is misleading and does not give me confidence that you will consult meaningfully, or release appropriately required information. These are not usual times however the rights to information to protect our members for negotiations is an obligation.

Yours Sincerely,
Dino Peros Napo Representative.

I am not expecting a response to this. There has been none to date. Membership shall be comforted to know that NAPO are continuing to ensure the protections are well managed and that all posts in justice Probation are ring-fenced to secure all staff protections should the continuing issues generate an influx of Working Links staff many of whom have received their consultation notices for redundancies.

The Meeting of the 15th May 2018

This was only scheduled for the unions because we were promised it would include the directors. Mr Bell the architect of the Working Links way. By the morning of the meeting in London all the reduced trade unions sides were present but by the 11th hour all the promised directors except the Financial Director had all bailed out. Mr Bell had only managed to make a tele-conference call. Claiming the rail fare was too expensive and that despite all the millions in the Working Links Aurelius accounts recently published that we are supposed to agree attendance is an option. There was some minor aside discussion on whether not attending is discourteous to the Unions and to the staff we are focused to represent protect and ensure you get the best terms and conditions. Mr Bell did not in his physical absence appear quite as on message as those present but you decide.

During the meeting we heard the contract holders state the same old same old. Their side offering nothing new whatsoever. Even worse nothing from Mr Bell that made the journey worth anything to anyone. Nonetheless we did establish the “in Confidence “arrangement was now ended and this report is as candid as it can be. There was some exchange on their desire to continue with the contract albeit dependant on further talks with MOJ. Coded speak for we are trying to get yet more money to run an unsafe model of offender management. They wanted a principled union agreement to assist that process. While we remain in dispute on the many issues this something the SSW branch could not support. The bottom line for them, Working Links, is that they realise their impossible situation they have placed staff. Less pay, poorer working conditions, fractured working structures, a general decline in morale and well being of many members. Disputes, grievances, and inappropriate use of disciplinary procedures at an unprecedented record high and still climbing. Hardly the recipe for a successful working partnership. The truth is they seem oblivious to the issues as they only want to talk about getting more money from the MOJ.

Despite this Working Links were informed by Napo, and they accept the realisation, Working Links have no power to rescind , end, or terminate, give any notice, in any walk away ideas from their toxic management and attitudes to a contract they have with the MOJ. It means we are stuck with them until the MOJ realise the future is not likely to develop anything and this is well evidenced by the failing metrics of the rising repeat and offender caseloads. The Finance Director painted the best picture he could from the failing caseloads figures.

We had already informed Working Links Senior management of the likely imposition on their failing and appalling case management model that deals with caseloads via telephone call. Regular branch report readers will recall the origins of the dispute with Working Links started over their obviously distorted in house certification process by Innovation Wessex. The small internal company that was supposed to check on quality and performance then verify a safe model. This was disputed as they were internal staff funded by Working Links doing whatever the paymaster required.

Napo objections to that model have all been borne out to date. The failing metrics and the Parliamentary Accounts Committee making some direction on the way things have continued, downwards. From here it is now confirmed that the working models will need to be changed to include minimum actual offender and officer face to face meetings. The Working Links model on workloads and staffing does not provide anywhere near enough staff for this new arrangement. Not to mention a whole new training programme and that of the minimum time we should see some skilled Probation Officer facility back into the caseload. Last point on this work issue is that of the required workloads for the full OASYS. Simply put all members should resist incalculable workloads

Napo is on record in branch reports and correspondences seeking early explanations when we were in the JNCC meetings about where the Justice budgets were to be spent. It was made clear to Napo in the recent meeting that some of the pressure on the Working Links spending has been for them to satisfy the Paymaster MOJ\PAC that all the staff being for or funded by public monies actually pays for the justice staff. I suspect the 4.23 million pounds additional payment Working Links received last year was not well regarded by the PAC inquiry as we discovered not 1 penny had found its way to support frontline staff. It had most certainly been reclaimed into the privateers, bank accounts. Can anyone honestly see the MOJ bankrolling another barrow full of cash without stipulations or a clear plan of spending? I don’t.

The point is that since the notice to define the staffing and who gets paid for what where and how, the Working Links response was to put their other contracted staff on immediate redundancy notices for consultation. What might the average Clapham Omnibus passenger deduce from that turn of events?

It struck a chord with me as it was this branch that raised questions and concerns in 2014 that the monies should only fund DDC staff who actually work in the DDC area. It was our fear that in fact Working Links would syphon and funnel monies to external parts of their other company activity. In fact it has now been admitted during that meeting justice monies public services monies has been directed to funding Working Links Middlesbrough other staff who deliver some back office functions for the CRCs. How much work and the detail remains to be examined and for what costs. Whether the reductions in DDC in light of this could be justified when you add the costs of the redundancies \ severances that were made.

Following this through we need to understand the costs of spending which now impacts on their flawed calculations. No further money and no prospects of more cash from the MOJ means a funding bail out nightmare. Napo starts to ask where has the money gone? Is all the spending and previous bonanza of funding staff cuts been lost in inappropriate refunding streams to external staffing? Now that the PAC have asked difficult questions has the stewardship of Working Links now put the whole of the CRC at some risk for which they are not telling.

So back to Pay. The news is there is no reward on offer as they claim no money. The accounts do not bear this out in an assessment of the books although Working Links continue to hide the real profits and losses in a coverall clause under the Aurelius parent company accounts on profit. One point noteworthy of their administration costs shown as a loss of upwards of a million pounds each year to run a CRC. Really? Come on really?

There we are then arriving at a place whereby the Contract holders have known all the time that incremental pay is due on the April 1st start date and pay should be adjusted but when it comes to staff pay entitlement they hold onto your money to pay off the bank loans and interest. When it comes to a pay increase oh look no money for the Workers. When it comes to anything like the terms and conditions of decent and fair treatment Working Links policy is to avoid change and pretend things are not as they really are. On that members continue to reject over work do not provide continued goodwill. Deliver your contractual obligations only. Ensure you maintain your terms and we will continue to support you. All credit to members who have steadfastly stuck by the principles and protections of their employment rights and we will continue to support those ends.

Dino Peros Napo SSW Branch Chair.