Opinion in Coleman Case Welcomed

ACM has welcomed the opnion of the Advocate General of the European Court of Justice on the Coleman Attridge case. Sharon Coleman had claimed under the Disability Discrimination Act that her employer had treated her less favourably than others because she had a disabled child.

The issue at stake was whether disability discrimination law protects people who, although not themselves disabled, face discrimination because of their association with a disabled person. The Employment Tribunal had asked the European Court for a decision on whether such discrimination is covered by European law. The Advocate General’s opinion is absolutely clear that it does, and also that this would extend to all areas covered by anti-discrimination law.

David Green, ACM Head of Employment Relations said, “This is an important decision which will be welcomed by many ACM members in a similar position to Sharon. Despite colleges having policies on promoting equality, we’ve seen members with caring responsibilities lose their jobs because of their college’s failure to make reasonable adjustments.”

The TUC was also supportive. General Secretary Brendan Barber said, “The Advocate General has given a welcome opinion in this important case. Workers with caring responsibilities should be protected from discrimination and harassment in the workplace.

‘Although most sensible employers now realise the benefits that come from being flexible and helping staff balance their lives, there are many bosses still living in the last century, who need to be persuaded to do much, much more to help their employees have less stressful lives and not to make life even more difficult for those already shouldering caring responsibilities.”

More information on the Advocate general’s decision can be found here.

NJF England: 2008 FE Pay Claim Submitted

Six trade unions - ACM, ATL, GMB, UCU, UNISON, UNITE - representing 250,000 further education staff, have this week submitted their 2008 pay claim. The catch-up claim, for 6% or £1,500, whichever is the greater, covers FE workers in England including lecturers, learning support staff, cleaners, managers, caterers, librarians, security and lab technicians, and would establish a £7.38 an hour minimum wage.

Last year many FE staff faced a double whammy when they were awarded a below inflation pay deal which some colleges then failed to implement.

Peter Pendle, ACM General Secretary said, “College staff, including managers, continue to earn less than their counterparts in schools. It’s time this pay gap was closed, and it’s also time that pay levels in further education reflected the true cost of living.”

Barry Lovejoy, Joint Trade Union Side Secretary, said, “We want a better deal for FE staff which matches the rise in prices and the contribution members make to our colleges. The recommended award this year was well below inflation and an effective pay cut for staff. This claim seeks to make up the shortfall”

Christine Lewis, Joint Trade Union Side Secretary, said, “College staff are part of a community of public service workers who are entitled to a fair pay deal and they are determined to get one. Further Education is the driver for the Government’s skills agenda which is impossible to deliver if you have a low paid, demoralised workforce.”

The employer’s body, the Association of Colleges (AOC), makes a recommendation to individual FE colleges on pay. In the past there have been problems because a significant number of colleges have chosen not to implement the agreed pay recommendation. Some even failed to offer any annual increase.

Welsh Colleges To Implement Pay Rise

College employers in Wales are to implement the 2.5% pay award that was accepted by the majority of FE unions including ACM. Staff working in Welsh colleges are likely to receive the increase, which is backdated to August 2007, as early as next month.

Fforwm, who represent Colleges in Wales, made the 2.5% offer in the summer. But despite a majority of unions accepting the proposed deal, UCU opposition prevented a settlement. However, ACM and other unions pressed for a resolution of the matter culminating in this week’s decision.

Peter Pendle, ACM General Secretary said, “I’m glad we finally managed to achieve a cost of living rise. “

ACM Welcomes Flexible Working Call

ACM has welcomed news that the Equality and Human Rights Commission (EHRC) are to push for the right to request flexible working to be extended to all workers.

ACM Head of Employment Relations David Green said, “The current law on flexible working is weak. We see too many members refused flexible working for arguably spurious reasons; and so any proposal to strengthen this right is very welcome.”

The EHRC position is reported in the latest issue of People Management.

Employers To Recommend Pay Rise

The Association of Colleges (AoC) has confirmed it will now recommend that its members in England implement the pay offer that has been accepted by all but one of the six unions on the National Joint Forum.

The pay rise is for 2% from August 2007 and 1% from February 2008. It was accepted by ACM, ATL, Unison, Unite (TGWU) and GMB, but rejected by the UCU. The UCU decided to reject the employers offer at a special conference, despite the results of its branch consultation that showed a majority in favour of accepting. UCU are now planning a strike ballot.

A growing number of FE colleges had already implemented the pay award through local agreements, but the AoC decision opens the door for discussions on a number of other important elements of the joint trade union claim, including action on dealing with excessive working time.

Speak Up For Public Services

At 11.00am today (Tuesday) in Westminster, the TUC and its 26 member unions representing the UK’s public sector workforce (including ACM), launched a major new campaign urging the Government not to impose below inflation public sector pay increases in the coming year.

All the unions have signed a statement (the full text of which appears below), which calls on ministers to accept in full the recommendations that the various pay review bodies are due to make in the coming months and so avoid any repetition of the anger that provoked a wave of strike ballots across the public sector earlier this year.

Text of public servants deserve fair pay statement:

The TUC launches the Speak Up for Public Services campaign today to urge the Government to think again about imposing below inflation pay increases on public servants over the coming year.

The Government’s target of two per cent pay rises across the public sector represents a cut in living standards when the cost of living is rising at around four per cent a year.

Our public services bind the nation together. At times of emergency - whether from natural disasters such as flooding, terrorist outrages or threats such as avian flu, bluetongue or foot and mouth - the nation depends on public servants working beyond the call of duty. The social fabric and welfare of the people depends on the daily commitment of those who work in health, education, the justice system and all the many other public services - many of which people only notice if they stop.

Public servants do not understand why they are facing cuts in their pay. In the current financial year many are having below inflation rises phased, thus further reducing their value. Ministers should remember that they inherited a demoralised and under-resourced public sector from the previous government where below inflation pay had led to difficulties in recruitment and retention, and badly hit the quality of service to the public.

This Government deserves praise for ending the cycles of boom and bust in the wider economy, but it looks as if we are now returning to bust in public sector pay.

Ministers risk doing damage to the structure of industrial relations in the public sector and jeopardising good work to promote partnership working. Pay Review Bodies cover large parts of the public sector, and were established to reduce conflict and introduce integrity and impartiality into settling pay in the public sector. By not accepting their recommendations, or interfering in implementation, ministers have already provoked strike ballots and damaged the public sector ethos.

Nor do public servants or economic experts accept that public sector pay is driving inflation, or that cutting the living standards of public service workers will make any significant contribution to reducing inflation.

The TUC and public sector unions call on ministers to step back and think again about public sector pay before resentment further builds and the current concerns over recruitment, retention and morale become embedded.

The Speak Up for Public Services campaign, which we launch today, will closely monitor developments across each area of the public sector and support unions in their negotiations for fair pay. Unions will be working together to co-ordinate pay strategies within local government, education, the health service, the justice system and the civil service to build support among members and put forward early claims to employers. Regular updates and bulletins will be issued to exchange information on progress across the public sector and the TUC will be organising a series of informed debates, led by independent pay experts and helping unions to exchange information on arguments and evidence. The campaign will also continue to co-ordinate action by public sector unions in defending their services and their members from unjustified budgetary cuts and privatisation policies.

The TUC campaign will also call for pay increases to reflect the true cost of living in the UK. The Government insists on using the Consumer Price Index (CPI) which currently stands at 2.1% as its target for pay awards. Yet working people are currently facing real inflation levels of 4.1% according to the Retail Price Index (RPI). This measure, which includes housing costs, is a more accurate and realistic reflection of the rising cost of living than the CPI.

The TUC and the unions will be producing regular updates for the media, the public, MPs and union members on the campaign, seeking to ensure that ministers understand why public sector workers deserve fair pay and asking them to support trade unions and to Speak up for Public Services.

Pay Deal Moves A Step Closer

Settlement of this year’s pay claims in both England and Wales has moved a step nearer. Until now, the AoC in England and Fforwm in Wales had been insisting that all unions must accept the offer before the pay rise can be recommended to colleges.

To take matters forward those unions who had accepted the employers’ offer have agreed to press for its implementation. The move has the backing of ACM, ATL, Unison and all other trade unions with the exception of the UCU. Indeed, despite a majority of their branches agreeing to the offer in England, UCU decided to go ahead with a strike ballot anyway. A separate strike ballot is also planned for Wales.

If the pay increase of 2% from August 2007 and a further 1% from February 2008 is recommended to colleges in England, it opens the door for national negotiations on a number of important non-pay items such as working time and training. Without a settlement then all these items would be lost.

In Wales the offer is 2.5% from August 2007.

Backing For Campaign To Ban Bullying

ACM is one of a growing number of organisations backing the Ban Bullying at Work Campaign. Now in its 4^th year, the campaign aims to raise awareness of the problem and is gearing up to the National Ban Bullying At Work day on November 7.

A range of campaign materials have been produced including an organisational toolkit, a reflective questionnaire, and various leaflets and posters. The campaign is supported by a number of trade unions, employers and other institutions including the TUC, ATL, Unison, GMB, ACAS, Teacher Support Network, HSE and many more.

It is estimated that some 18.9 million working days are lost in the UK every year as a direct result of workplace bullying, costing the economy some £4 billion. The FE sector is not immune from this problem, and bullying comes in the top five reasons for a member seeking ACM help. It is also major contributor to work related stress.

The campaign was set up by the Andrea Adams Trust, a leading charity that seeks to help individuals and employers address the issue of workplace bullying.

Rise in Demand For Union Representation

With so much change in the sector at present we are witnessing a big rise in demand for union representation. We have seen 14% increase in the number of cases being handled by our regional officers in the first nine months of this year compared to the same period last year. Grievance cases are up by 21%, bullying by 30% and capability cases by a massive 53%. Not surprisingly, the number of members contacting us due to work related stress has more than doubled.

Commenting on the figures, ACM head of Employment Relations David Green said, “Given the turmoil caused in the sector by so much restructuring and reorganisation these figures come as no surprise. Problems like these are symptoms of the wider instability faced by our members working in further education.”

No Prospect of Early Pay Settlement

Difficult times may be ahead for some branches as their colleges offer pay increases below that currently on the national table in England. As members will know, the Association of Colleges made a two stage offer of 2% from August followed by a further 1% in February 2008.

But we’ve heard of two colleges where considerably less is on offer. Branches at the two institutions are deciding their response but until the national picture is known, the college offers seem premature.

Nationally ACM, ATL and Unison accepted the proposed pay increase, albeit with some degree of reluctance. But UCU’s national executive decided to refer the matter to a special conference that will not be held until 6 October. If the offer is rejected by UCU branch delegates then a ballot for industrial action will follow. The Association of Colleges made it clear that unless all unions are agreed, there will be no settlement.

To put the figures into perspective, the annual rise in average earnings to July 2007 was 3.9% for the whole economy but just 2.8% for workers in the public sector. The inflation rate for the same period stood at 3.8% (RPI) and 1.9% for the consumer prices index.

The Human Cost Of Restructuring

College reorganisation, restructuring and mergers are currently accounting for 40% of all enquiries from members seeking help this year. This somewhat alarming figure underlines the fact that the further education sector has never been less stable.

The drive to restructure comes from funding pressures, increased competition from the private sector, and policy initiatives such as Train to Gain. But it will also be triggered by a poor Ofsted inspection or a change of college principal. Indeed, a new principal will mean a new management structure as sure as night follows day.

What the outside world doesn’t see though is the human cost of this continual change. Workloads are increasing to intolerable levels, absenteeism due to stress is common, and morale is low. It is perhaps not surprising then that so many staff are leaving for better pay and conditions elsewhere.

Ultimately it will be the learner who pays the biggest price. Driving away dedicated staff, and piling the pressure onto those who remain will surely undermine the quality of teaching provided. This can only increase the level of uncertainty within our colleges and lead to a spiral of further change. For the vultures in the private sector, eager to get their hands on public money, it will mean rich pickings.

Delegate’s Attack On College Managers Rebuffed

There was overwhelming support from TUC delegates in Brighton today for the ACM led composite motion on raising the participation age in education and training. The motion, which said employers’ record of training is largely unimpressive, called for training provision to be of a high standard and of proper value to young people. It was being supported by the teaching union NASUWT, the construction workers union UCATT, and the UCU.

But from the speakers rostrum, a UCU delegate sparked controversy when she made an ill-disguised attack on ACM and college managers, claiming that we supported compulsion.

This prompted a robust response from ACM general secretary Peter Pendle who reminded delegates that at no point in his speech did he refer to supporting compulsion. Indeed, he made it clear that agreement on the content of his speech had been sought from the UCU general secretary and president in order to avoid any misunderstanding.

Such an attack on college managers only divides college staff and plays into the hands of those seeking to reorganise or privatise training provision. The need for college managers to join ACM has never been more apparent.