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NEYHnews Unite news from across our region Thank you for your continued support over the past year

NEYHnews - Unite the Union · balloted for strikes over Tradeteam’s ... NEYHnews | November 2017 ... has considered this vital point of law

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NEYHnewsUnite news from across our region

Thank you for your continued support over the past year

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NEYHnews | November 2017

Thirsty Christmas revellers in Yorkshire face a festive season ‘drinks drought’ as Sheffield drivers voted overwhelmingly in favour of strike action in a long-running health and safety dispute.

The crux of the dispute is that extra investment is needed in more drivers and equipment to stop the bosses ‘pushing the envelope’ on contracted hours and the appropriate machinery to make loading of the lorries easier.

If strike action is taken, deliveries to hundreds of clubs, pubs and restaurants from Leicester to Huddersfield and Scarborough will be hit in the run-up to Christmas.

The drivers, based at the Shepcote Lane depot, deliver alcoholic drinks for Coors, Carlsberg, Greene King, Mitchells & Butlers and Whitbread.

Unite regional officer Harriet Eisner said “The drivers and their mates were balloted for strikes over Tradeteam’s neglect of health and safety issues and workload allocations which are unmanageable.

“This includes loads in excess of agreed weight limits and allocation of routes that exceed agreed hours. The bosses are pushing the envelope on contracted hours.

“For over two years, our members have complained they are being made to deliver trucks that are overweight and because they have to stay out doing routes which take longer than are planned for by their managers.

“This dispute is not about pay, but about the welfare of our members who are fed up with being fobbed off by the management, who could solve this dispute with investment in employing more drivers to ease the pressure on delivery times and the introduction of the appropriate machinery to facilitate the loading of the vehicles.

“Unite has nearly 100 percent membership of drivers and mates at the Sheffield depot, and the first planned

industrial action could be just before Christmas.

“We urge the company to get around the table for constructive talks; otherwise there is a real prospect of a ‘beer drought’ across Yorkshire, Humberside and the North Midlands for seasonal party-goers.

“We’ll be serving notice of action unless we can reach agreement with the employer over these very serious health and safety issues”

Karen ReayRegional Secretary

2017 has been a year of ups and downs. Labour is on the up, and Theresa May is on a spiral down.

We’ve seen Labour membership become the largest of any Party in Europe, and Unite have been side by side with the Party during this growth.

Meanwhile, Theresa May and the Tories are steering us towards a disastrous Brexit and we must ensure

workers’ rights aren’t negatively impacted.

We’ve also recently seen the exposure of the growing gap between the super-rich and the hardworking people in the UK through the Paradise Papers. Our collective voices must be heard and we must build a society that works for the many, not the few.

YORKSHIRE CHRISTMAS ‘BEER DROUGHT’ THREAT

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NEYHnews | November 2017

KEY TRADE UNION LAW CASE CENTRES ON £420,000 COMPENSATION FOR 56 SOUTH YORKSHIRE WORKERS

UNITE LAUNCHES ORGANISING CAMPAIGN FOR THE CONSTRUCTION INDUSTRYUnite officers and organisers hit the ground running at the launch of the Construction Organising Strategy in the region on 25 October by visiting major construction sites in Leeds. Regional officers Mark Martin and Karl Stephenson, along with organiser Steve Thorpe,

went onto construction sites in Leeds and listened to workers’ concerns about bogus self-employment, umbrella companies and spoke about the benefits of Unite membership.The campaign is targeting the main contractors and their subcontractors with the aim of combating the attacks on our members, their pay and jobs”

A key case on trade union law took place on 14 and 15 November into an appeal by Kostal UK Limited against an employment tribunal decision which ordered the firm to pay 56 Unite members more than £420,000 in compensation after making 'unlawful inducements’.

The employment appeal tribunal (EAT) in London heard the appeal by Kostal UK against the decision of a Sheffield employment tribunal (ET) in February this year, which ordered the firm, based near Rotherham, to pay the workers the compensation.

The claims arose after Kostal sought to bypass union negotiations in the first pay talks since the majority of the company's 700 strong workforce voted in favour of Unite being recognised as their trade union.

In an attempt to break the union and divide members, who had voted strongly

to reject the company's pay offer and proposed changes to terms and conditions, in December 2015 the company wrote to employees directly urging them to accept the offer individually and to change their terms of employment or risk losing a Christmas bonus of £270 each if they did not.

The offer was then repeated to those that did not accept it in January 2016, coupled that time with the threat of dismissal for any who did not accept.

The Sheffield ET ruled that both offers amounted to unlawful inducements, contrary to section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 and awarded Unite members over £420,000 in compensation.

Unite assistant general secretary for legal services Howard Beckett said: “This is the first time an appeal court has considered this vital point of law.

“The EAT’s decision will set a binding legal precedent which employment tribunals across the UK will be obliged to follow in the future. This is a key

case that employers and trade unions will be watching very closely.

"The importance of today's hearing cannot be underestimated. The case is worth over £420,000 for the Unite members included in the claims and the legal point goes to the very heart and importance of trade union recognition.

“It is through collective bargaining that we protect our members' terms and improve their rights.

“The employment tribunal's decision, which we expect the employment appeal tribunal to uphold, confirmed that employers cannot dip in and out of collective bargaining when it suits their purposes and this is key to protecting workers and trade unions from underhand employer tactics.

“The appeal is being handled by Unite's Strategic Case Unit and we are confident that justice will be done."

At present a judgment is awaited.

NEYHnews | November 2017

TORY BUDGET FAILS TO BE THE ‘GAME CHANGER’ THE COUNTRY NEEDSThe Tory budget on 22 November was far from the ‘game-changer’ the country needs and will do little to ease the biggest squeeze in living standards the country has ever seen.

Responding to the budget delivered by chancellor of the exchequer Philip Hammond, Unite general secretary Len McCluskey said: “Millions of households, who are struggling to make ends meet in the face of the biggest squeeze in living standards ever, will be left wondering where is this bright future the chancellor keeps going on about?

“With yet further bleak downgraded forecasts for growth, wages and productivity, this is the time when this country desperately needed a game-changing budget to meet the challenges of the years ahead. Instead we got more of the same from a government

out of touch with people’s everyday struggles.

“Communities continue to face more of the cuts which have sucked the life out of the economy, with wages plummeting and personal debt soaring to dangerous levels.

“Services like our NHS, schools and police services face becoming ragged shadows of what they once were. Public sector workers, whose wages have been drained by thousands since the Tories took office, cannot provide for their families with warm words for their selfless service.

“All public sector workers need the pay cap lifted now and a properly funded pay rise, not a pick and mix where only a chosen few see an end to the relentless pay shrinkage.

“And on the biggest issue of our age, Brexit, the businesses upon whom millions depend for work are no clearer today on the government's plans to steer us through our EU exit than they were before the budget.

“While we got minimal progress on improving the country's ability to capitalise on vehicle electrification, we did not get the great leap forward that Unite has been calling for.

“The UK will continue to lag well behind competitor countries like Germany, Norway and China in this important new technology unless the government acts with greater urgency with bigger investment and good joined up policies, such as giving cab drivers grants to go electric, as they are doing in London.

“Chancellor Hammond had the chance to set our country on a path to being a fairer, more equal nation. That he chose not to confirms what voters suspect about the Conservatives, that they are for the few, not the many.”

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NEYHnews | November 2017

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TAX REFORMS COULD SEE WORKERS TAXED AS MILLIONAIRESGovernment plans to crack down on bogus self-employment could result in tens of thousands of workers being taxed like millionaires, Unite warned following the Tory Budget.

In his budget, the chancellor Philip Hammond announced that the government intended to reform “so called off payroll working rules” (known as IR35, payroll companies, personal service companies) in the private sector.

In effect this would mirror the reforms which came into effect in the public sector in April this year and means that workers operating in the public sector cannot be self-employed.

As a result of these reforms, rather than employ the affected workers on standard PAYE contracts, many have instead been moved onto umbrella company contracts.

Umbrella company workers are on an effective tax rate of 46-47 pence in the pound on eligible earnings; A similar tax rate as the prime minister and her multi-millionaire chancellor.

When the government introduced similar rules specifically for the construction industry in 2014, 400,000 workers were almost immediately moved to umbrella company contracts and bogus self-employment in the sector has continued to increase. Unite assistant general secretary Gail Cartmail,

said: “In a bid to boost their flagging finances the government is intent on pushing tens of thousands of workers into the misery of being employed by umbrella companies and taxed like millionaires.

“Unite fully supports a crackdown on bogus self-employment which denies workers even the most basic employment rights, however that should not result in workers being forced onto umbrella company contracts, where they suffer financial misery due to being treated as both employer and employee for tax.

“The UK is crying out for substantial changes to the laws on employment status so that workers are either genuinely self-employed or are employees, with full employment rights.

“The government must avoid introducing poorly thought out piecemeal reforms which are set to make a bad situation worse.

“This is Robin Hood in reverse. Workers are being exploited because they have to pay their employer’s taxes.”

When a worker is employed via an umbrella company their agreed rate of pay goes to the umbrella company pot. The first thing deducted is employers’ national insurance contributions (NICs) at 13.8 per cent, and the umbrella company fee (usually between £15-£30 a week). Also if the worker is contributing to an auto-

enrolment pension scheme the employer’s contributions are also deducted.

From the remaining money, the standard employee NICs is deducted as well as income tax. Holiday pay is usually rolled up into the rate, which means that workers receive a small amount each week but nothing when they actually take leave.

Umbrella company payslips are frequently so complex that workers often have to seek expert assistance to understand all the deductions being taken from the rate they agreed for the job.

While umbrella company contracts are not illegal they are highly immoral. The government is unlikely to take action to outlaw umbrella companies, because unlike bogus self-employment the exchequer maximises its tax revenue, through this system.

The government has committed to consult on its proposals and will publish its findings next year.

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NEYHnews | November 2017

CHRISTMAS CANCELLED FOR THOUSANDSThis Christmas will be cancelled for thousands of families claiming the new benefit Universal Credit. Despite knowing Universal Credit causes serious problems for claimants, Theresa May's Tory government is pressing ahead and rolling it out to thousands of people who will have to wait weeks to receive any money.

Claimants are descending into debt, relying on food banks, getting into rent arrears and in many cases getting evicted from their homes because of in- built problems with Universal Credit.

Who gets Universal Credit?

Universal Credit replaces five benefits – child tax credit, housing benefit, income support, income-based jobseeker’s allowance, income-related employment and support allowance and working tax credit.

Seven million households will be affected, including over one million low paid part-time workers. For the first time ever people in work could face being sanctioned (having their benefits stopped) if they don’t prove to the job centre that they’re searching for better paid work or more hours.

What needs fixing?

Unite is calling on the government to:

• abandon the long waits for claimants to receive money

• allow people to apply for Universal Credit in a jobcentre, not just online

• provide people with better help when the system fails them

• pay landlords directly to stop people getting into rent arrears and losing their homes

• end benefit sanctions for in-work and out-of-work claimants

• stop payments going to one named member of a household

• make work pay – Universal Credit takes 63p in every £1 people earn.

Tell us your story

Get in touch and tell us about your Universal Credit stories.

Send your stories to:[email protected].

NEYHnews | November 2017

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NEW MINING ART GALLERY OPENS ITS DOORSThe triumphant tones of one of County Durham’s oldest colliery bands marked the official opening of the region’s new Mining Art Gallery on Saturday 21 October.

The first gallery of its kind in the country, the Mining Art Gallery, Bishop Auckland has been created by The Auckland Project.

Ferryhill Town Band marked the event by filling Bishop Auckland Market Place with the poignant and traditional music they have been performing since 1909. While visitors of all ages gathered together in the town centre to see the gallery opened to the public for the first time.

At noon the Mining Art Gallery was officially opened by Chairman of The Auckland Project, Jonathan Ruffer alongside Dr Robert McManners and Gillian Wales, who have gifted more than 400 pieces from their Gemini

Dr Robert McManners and Gillian Wales opening the galleryCollection of Mining Art to the gallery.Dr McManners said: “Coal mining wasn’t just a job, it was a way of life and in this gallery

are the underground scenes the miners wanted to articulate alongside the community life, the long term-friendships and pride.

“Heritage doesn’t have to be something which is fossilised in the past, it’s something we can take to the future and tell people about in this new gallery.”

After the opening ceremony and throughout the celebratory afternoon, visitors enjoyed free entry to the gallery, filled with original artefacts and powerful artworks by mining artists such as Tom McGuinness and Norman Cornish. And outside, in the Market Place, youngsters got to grips with their region’s cultural history in free Mining Art activities in the Creative Corner marquee led by members of The Auckland Project’s Engagement Team.

The camaraderie and strong bonds of colliery towns and villages were brought back to life at the Mining and Memories stall, where visitors shared and recorded their memories and experiences of mining life for posterity.

Jonathan Ruffer, Chairman of The Auckland Project, said: “This is a very exciting day for Bishop Auckland and for The Auckland Project. To understand why this area is so special we need to look back into its past and the miners were a significant part of that.

“I would like to thank Dr Robert McManners, Gillian Wales and all of the funders and partners involved in bringing the Mining Art Gallery to fruition.”

Located in the Grade I listed Old Bank Chambers, the Mining Art Gallery

is the first new attraction to be opened by The Auckland Project as part of its plans to create a world-class visitor destination in Bishop Auckland.

Spread over two floors, it explores the experiences of life working underground and in the communities through the eyes of the people who lived it, shining a light on the skill and creativity of these working men and celebrating a vital aspect of the county’s coalfield heritage.

Young visitors can learn more about the mining artists and their lives by following a special family trail designed by local artist Gillian Gamble, and an education area will host a programme of community events and education activities.

The Mining Art Gallery is open daily, 10am-4pm. Tickets are £4 for adults, £3 concessions, and free for Under 16s, National Art Pass holders and HHA members. A special half price introductory ticket offer is also available for residents of postcode areas, DL4, DL13, DL14, DL15 and DL16.

For more information visit: aucklandproject.orgFor more information please contact Kathleen Moore, Communications Assistant atThe Auckland Project on 01388 600 529 or [email protected]

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NEYHnews | November 2017

ULR SUCCESS AT FIRST BUS BRADFORD WILL BENEFIT THOUSANDSDave Hurd, a Union Learning Rep at First Bus, Bradford, has used his role to develop the skills of his colleagues, as well as creating a better experience for customers.

Through his role as a bus driver, Dave noticed that it was occasionally challenging for deaf and silent customers to communicate for even the simplest of enquiries regarding fares and destinations.

When he took on the role of Union Learning Rep at the bus depot where he worked, Dave circulated a learning survey among his colleagues and British Sign Language (BSL) was one of the most frequently requested skills to learn.

Dave was keen to support his colleagues in developing their skills and made enquiries regarding BSL courses within our region. However, he was unable to find a suitable course for his colleagues’ requirements until recently.

Christine Harvey from the Bradford Deaf Community Association (BDCA) was extremely enthusiastic about Dave’s ideas and thought it would be really beneficial to the deaf and silent community, and

First Bus drivers and customer service staff, if they were able to communicate using BSL.

Christine was more than happy to work with Dave in putting together a workshop to promote the invisible disability of being deaf and silent.

Dave contacted Colin Brushwood, Operations Managers at First Bus

Bradford, Dave Pugh, Project Worker, and Taj Salam, Unite branch president to let them know about the exciting news regarding the BSL communication workshop plans.

Christine worked with Dave to put together the content and format of the workshops and, following advertising through posters, flyers and word of mouth, 72 of Dave’s colleagues enrolled.

The workshops started on 19 September 2017 and, to date, 32 of Dave’s colleagues have participated. Feedback from the workshops has been excellent and students have interacted positively through the process.

The workshops are due to continue at Bradford as there are still 40 people to attend in the coming months.Following the success of the programme so far, a press

release was published in October. The workshops will be delivered through the learning centres by the union learning representatives with participants taking part voluntarily during their own time.

First Bus Bradford and Dave’s Unite branch have pledged £50.00 each to BDCA to thank them for their assistance in putting the workshops together.

Dave said “This is a fantastic achievement for myself, First Bus and Unite. It puts the Bradford Learning Centre on the map.

“This year, more than 70 people will study BSL at the Bradford Learning Centre, and deaf and silent people within our community will benefit from this. I’m excited about the prospect of this being rolled out to a wider audience as it will benefit thousands of our customers.

“The success of this project is down to the Lifelong Learning partnership between Unite the union and First Bus Bradford”

NEYHnews | November 2017

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UNITE REPRESENTATIVE SECONDED TO PRINCES TRUST TEAM PROGRAMMESouth Yorkshire Fire & Rescue and South Yorkshire Police have teamed up with the Prince's Trust and Barnsley College to deliver their award winning 12 week TEAM programme. The course is open to 16 - 25 year olds and is a life changing 12 week adventure. Paul Newman, Unite representative at South Yorkshire Police Staff Branch, has been seconded to support the initiative for the second successive year.

So far they have delivered four programmes in Barnsley and three in the Dearne Valley. They are now in their fifth in Barnsley and first in Sheffield. In that time they have transformed over 100 young people’s lives. Also in this period they have undertaken nine community projects. Two of which are regional winners for the Prince’s Trust Community Impact award for Yorkshire and Humberside. The first being a project to paint redundant railway spans in Goldthorpe and the other was to clear Manvers Lake. Both projects had far reaching and effective community impact. The Prince’s Trust TEAM programme is based in Dearne Fire Station, Barnsley

(Broadway) and our Sheffield (Elm Lane) Fire Station. The young people get involved in team building activities, a week-long residential trip away to the Peak District, a community project and two weeks of work experience during the course. They will also get advice on employability, as well as gaining nationally recognised qualifications including:

• Level 2 HABC Food Hygiene• Level 2 HABC First Aid at Work• IoSH Working Safely• John Muir Discovery Award • Prince’s Trust Qualification in

Employment, Teamwork and Community.

They also complete enrichment sessions on

• Dementia awareness• Drug awareness• Internet security• Drive for life• Nourishment and nutrition• Sexual health

They push the young people to believe that they can achieve anything, to show them with hard work and commitment they can succeed. At the end of every programme a celebration takes place in the Town Hall that each programme is tied to. The young people then present themselves and show their family and friends the journey they have been on and how far they have come.

Paul says “The programme is designed to boost their confidence and learn new skills. They are not just supported by the TEAM staff they will learn how to support and help each other in a team environment”.

Andy Cullen, learning organiser for Unite, who met with the team in Sheffield says “It was an honour and a pleasure to meet with the current team. Their enthusiasm during our visit to ask questions about what we do as a Trade Union and our project, Learn with Unite, was infectious. The project demonstrates that with the right alternative education model young people can be given a second chance regardless of their circumstances”.

The programme is leading the way for its content and delivery. In 2018 they will be running a new programme in Rotherham and Barnsley. The Rotherham programme will commence on the 22nd January and Barnsley will commence on the 29th January. If your workplace would like to support this programme please email Paul Newman at [email protected] or John Daley at [email protected]

NEYHnews | November 2017

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CERTIFICATE IN UNION LEADERSHIP AND INDUSTRIAL RELATIONSUnite is pleased to announce the continuation of our hugely successful education initiative in cooperation with Keele University aimed at educating, preparing and developing future leaders of the Union.

The course will offer applicants the opportunity to gain a ‘Certificate in Union Leadership and

Industrial Relations’, which has been specifically designed for Unite and will be delivered through five residential sessions, supported by distance learning over the course of one year.

The course has been exclusively designed for Unite and is open to Unite lay activists. There are ONLY 20 places available for 2018, with the first residential taking place on the 23-25 February 2018.

Other weekend residential sessions have been provisionally arranged for:-20-22 April 2018, 8-10 June 2018, 28-30 September 2018, 29 November-2 December 2018.

To request an application form please contact [email protected]

The dates for the 2018 education courses in our region are now available on our webiste. You can find them here -

2018 EDUCATION COURSESwww.unitetheunion.org/growing-our-union/education/course-programme/north-east-yorkshire-and-humberside-courses/

NEYHnews | November 2017

UNITE MEMBER COMPENSATED FOLLOWING UNFAIR DISMISSALAn employment tribunal has ruled in favour of a Unite member from our region in his claim for unfair dismissal.

Our member was employed as an Access Bus Driver for Yorkshire Tiger Limited and was dismissed from employment with immediate effect on 12 December 2016, having worked at the company for sixteen years. The access service was intended to provide a means of public transport to those who were otherwise restricted by reason of ill health or other infirmity from gaining access to the main public transport network.

It was initially alleged our member was guilty of misconduct but there was insufficient evidence. At the dismissal hearing, the company therefore relied on another reason to dismiss, i.e. that their client (Metro) didn’t want the driver to work on their contracts. They stated that the driver should be “removed from Access Bus and any other WYCA supported services.” This correspondence was not shared with our member at the time.

The Tribunal found that Yorkshire Tiger had failed to follow fair procedures when deciding to dismiss the driver. It did not follow the ACAS Code of Practice, which it was required to do. It did not give our member advance notice of Metro’s decision, nor afford them the opportunity to comment on it or defend themselves. Yorkshire Tiger also failed to explore the potential for re-deployment and/or the re-allocation of duties amongst colleagues, before deciding to dismiss. These matters rendered the dismissal unfair.

Following the ruling, our member said: “The support and advice provided by the union and Phil Bown, Unite Regional Officer, throughout the process couldn’t have been better. Thanks to Unite this compensation will go some way towards helping.”

Phil Bown, Regional Officer of Unite the Union said: “We felt it was very important to pursue this case to the Employment Tribunal because of the ramifications to the other employees of companies that are subjected to third party intervention. With this, third parties being able to dictate who can and who can’t be employed by a contractor, in this case Yorkshire Tiger.

We believe the result is ground breaking in that it forces all employers to follow good basic procedures when dealing with employees.”

Karen Reay, North East, Yorkshire and Humberside Regional Secretary of Unite the Union said: “After the ordeal that our member went through following the loss of his job, the union were able to prove that procedures were not followed correctly by the employer. Therefore, the Tribunal agreed that the decision to dismiss our member was unfair and compensation was awarded to reflect this. The outcome highlights the importance of union membership.”

NEYHnews | November 2017

NEYHnews | November 2017

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NEYHnews | November 2017

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Remember to keep up-to-date with Unite Legal Services at

www.unitelegalservices.org

Last chance to register for the great tariffs we have secured from SSE and Boost. So far, members who have switched to these tariffs have made an average saving of £246.

With temperatures plummeting, let us help you warm your home for less and if you have never switched energy before or have not switched in the last few years, register for free today to see how much money you can keep in your pocket.

NEYHnews | November 2017

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NEYHnews will return in January

2018.