SUMMER NEWSLETTER here

Sunday 29^th September mass national demo in support of NHS at Tory party conference, Manchester

The TUC is organising a major demonstration on 29 September in Manchester, where this year’s Tory Party Conference is taking place, to protest at the government’s attack on working people and their families, in defence of the welfare state and to let everyone know there is an alternative.

Britain’s unions are the backbone of Britain’s anti-austerity movement; the only group that can build a mass political movement for change. And one of the key groups for implementing that campaign in the local community, reflecting local needs and concerns but as part of the national picture, are the trades union councils.

The timetable for the demonstration is:

• Assemble at Liverpool Road (off Deansgate, Manchester) from 11am
• Move off at 12.30pm
• Rally at Whitworth Park, Moss Side 2pm to 4pm (approx)

Contact us on  wolvesunison@btconnect.com or 01902554096

UNISON wins right to have  a JR hearing over tribunal fees

“The timing could not be more critical, but today we are one step closer to justice for workers” said UNISON General Secretary, Dave Prentis. The comments come in the wake of a ruling by the Royal Courts of Justice that the union has permission for a Judicial Review hearing, over the introduction of fees for claims in Employment Tribunals and Employment Appeal Tribunals, is to go ahead in October.

Dave Prentis went on to say:

“I am pleased that UNISON has been successful in getting permission for a Judicial Review hearing.  The introduction of punitive fees for taking a claim to an employment tribunal, would give the green light to unscrupulous employers to ride roughshod over already basic workers’ rights.

“The Government should not put a price on justice.  It is disappointing that in the interim fees will still be paid, but we will be making a strong case for a Judicial Review in October because we believe that these fees are unfair and should be dropped.”
Legal arguments:

1.         In accordance with EU law, national courts must not make it virtually impossible, or excessively difficult, to exercise individual rights conferred by European Community law. When considering litigation a reasonable person will calculate whether the likely costs of proceedings outweigh the benefits. [Median awards are low; and even where individuals are successful, research commissioned by the MOJ in 2009 found that of those awarded compensation by the Employment Tribunal, 39% had received nothing from the employer 42 days after judgment. One year after judgment 31% had still been paid nothing. In order to comply with EU law, the right to bring such a claim must be fully effective]. However, the new fee regime will impose fees which will often be greater than the expected compensation, even if such claims were successful. They are set at a level which is prohibitive even to those entitled to partial remissions. Reasonable people will not litigate to vindicate their EU rights in such circumstances.

2.         Fees are not payable at all in most claims brought to the First-Tier Tribunal, a similar tribunal at the equivalent level in the judicial hierarchy to the Employment Tribunal. It is a breach of the principle of equivalence to require significant fees to be paid to vindicate EU rights where no fees are required to vindicate similar rights derived from domestic law.

3.         There has been no proper assessment of the Public Sector Equality Duty. An assessment should then have been made of the potential adverse effect of introducing fees in terms of the numbers and proportions of claims brought by individuals with protected characteristics which would previously have been brought and will now not be pursued.

4.         Indirect discrimination. Eg. Charging prohibitively high fees to pursue such claims will therefore have a disproportionate adverse impact on women. Given that women will not (if they earn an average income) be entitled to any remission of fees in the Employment Tribunal, it is difficult to see how that impact could be said to be a proportionate means of achieving a legitimate aim.
  

On 17 June Cleaning Workers from all over the world will be holding protests and events to mark their own International Justice for Cleaners Day. Covering airports across Europe, the US and Australia, over 35 International airports and national railway networks will be taking part in the action.
    The events have been organised by the ISS Cleaners Activists Network. The activists have been meeting with the assistance of UNI Global Union and the European Trade Union Institute (ETUI).

They have called for this action in order to raise awareness of the fact that Cleaners are often abused and exploited in casualised, low pay companies but who provide a vital service. They have drawn up a Cleaners Charter which is now to be presented to companies across Europe asking them to sign it and support its aims. The Charter is designed to prevent a `race to the bottom` on cleaning contracts whereby contracts are awarded only on price.

This `cost only` approach often means Cleaners working with clothing and equipment that needs replacing, Cleaners taking health and safety risks, Cleaners not receiving the benefits of other workers, lots of night and early morning shift work and is mainly part time. Most Cleaning staff are women and a large minority of them are immigrant workers which bring their own level of problems.

The date is chosen as it is close to the 15 June which is the anniversary of the Police attack on the Justice for Janitors campaign in Los Angeles in 1990, an event that is still remembered across the US. In return SEIU members in the US will be holding protests to link up with the European workers and the United Voice trade union in Australia will doing the same as part of their `Clean Start`campaign.

In the UK Cleaners will be on strike – PCS members who are employed by the Law Courts and Tribunals Service. Also Unite will have Cleaners on strike at Manchester airport. Danish Cleaners are currently on strike. There is a generalised feeling that Cleaners are now beginning to get organised in unions and have plenty of issues to organise around.

For up to date information on International Justice Day for Cleaners visit their Facebook Page

https://www.facebook.com/InternationalJusticeDayForCleaners1762013