Tuesday 16 October 2018

Union Victory

Here we have an interesting case of a union with the bottle to take on the government by going to law. One wonders where it leaves other unions?

PCS wins £3million check-off compensation

PCS has achieved a major victory over the government as the High Court has ruled that ministers acted illegally by withdrawing check-off, the decades-old practice of collecting members’ union subscriptions directly from their pay packet.

Our union has won £3 million from the government because of the illegal moves the Department for Work and Pensions took to try and smash PCS. In 2015 we were at the heart of opposition to the government, fighting against the government’s cuts and closures, robbing members of their redundancy rights and we were fighting to end austerity.

As a result the then Tory Cabinet Office minister Francis Maude took a particularly vicious decision to attack members’ terms and conditions, attack our reps and try to bankrupt us by overnight announcing that he would not allow our members to pay their union subscriptions directly from your pay packet. A system that had been in operation for many decades. He did that because he knew that 90% of our income came from that method.

Magnificent campaign


In a magnificent campaign we signed up over 160,000 members to pay their subs by direct debit in a matter of weeks and months to stop us from going bankrupt and to ensure we could continue to represent members at work. We also took legal action in the High Court to show that the government had acted illegally and to get compensation. Today that case has been settled and in a humiliating defeat for the government, in its attempt to smash PCS and other unions in the public sector, it has to pay £3 million compensation and all of our legal costs.

We now plan to take legal action against every major government department because of the illegal way they’ve treated us.

PCS General Secretary Mark Serwotka said: “Today’s announcement tells us we have settled one departmental case on union busting, we have many more to come. That’s good news for all of us, and now we’ll ensure we use that money to benefit our members.

This goes to show that this union can win. We can win in the courts and we can win through campaigning. We’ve defeated the government on the Civil Service Compensation Scheme and we’re waiting for the outcome of a judicial review on the way the government handled pay this year because we believe they did not consult us lawfully. But we’ve got more campaigns to fight. We’ve still got to challenge the government on pay, and ensure that next year we can win above inflation pay rises.

We will continue to take them to court when we can, but the key to winning is to be a stronger union in every workplace. If you know a colleague who hasn’t joined PCS, please urge them to join. If you’re a member consider becoming a rep. The more of us who are in the union, the more of us who are active means we won’t just beat the government in court we will beat them in our campaigning, too.”

8 comments:

  1. I doubt the GS of Napo could take to the lavatory without permission from moj let alone take any case to law let's all ask exactly what is his legal claims history if any. None I bet.

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  2. This is wonderful news for PCS. In respect of NAPO I have never understood why it addressed the withdrawal of check off 15+ years after most other unions. Even then it was hardly an organised approach.

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    1. In cases such as this, where all unions are being affected, I wonder why a collective challange by all Unions together isn't brought?
      Surely there's strength in numbers, and the costs for such action could be shared? So too the victories.

      'Getafix

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  3. Now reading the MOJ case against the POA regarding demonstration at Lindholme prison has been adjourned for a full hearing with the injunction in place.

    https://twitter.com/POAUnion/status/1052223629516333056

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  4. They got compensation for the illegal cancelling of check off? Wouldn't that be a legal precedent?

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  5. Union fought, Union won.
    Can't win if you're not in the fight

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  6. Napo only fights its members to prevent legal cases going to court, ask the AGS and all those members whose cases never get legal advice, sit in the AGS email inbox unanswered and then any that do get through the sift are delayed to keep them out of time or allegedly knocked back by the lawyers. Napo members are taking their own cases to court.

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  7. Two key pieces of information struck me as I read the piece:

    "fighting against the government’s cuts and closures, robbing members of their redundancy rights and we were fighting to end austerity."

    "As a result the then Tory Cabinet Office minister Francis Maude took a particularly vicious decision to attack members’ terms and conditions, attack our reps and try to bankrupt us by overnight announcing that he would not allow our members to pay their union subscriptions directly from your pay packet. A system that had been in operation for many decades. He did that because he knew that 90% of our income came from that method."

    So the govt DOES have an active policy of stealing union members' redundancy rights (remember EVR?) & that slymeball Tory Francis Maude - he of the Modernisation Fund sweetener to help Grayling slip TR through - pops his weasly head up once again as Chief Union Hater.

    Proof positive that Napo only exists in a zero-gravity world; lightweight is too generous a term.

    Certification Officer - my union allowed my profession to be divided & my professional role to be eroded, placed at risk, made redundant; and for the NNC agreed EVR package to be pocketed by my new private-sector employer while they handed me just 40% of that package as "voluntary severance" with a NDA. My union paid my legal fees for the VS & NDA, so are complicit with MoJ/ NOMS/HMPPS in my constructive dismissal. Please investigate.

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