Bristol Energy Sale and Rights in the Workplace

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Bristol Energy Sale:
Our Rights &
How to Use Them
 
UNISON SOUTH WEST WEBINAR
 
 
 
We will be looking at…
 
The situation for Bristol Energy Staff
Legal rights and employer responsibilities
Being transferred to a new employer (TUPE)
How redundancy works
Organising together in UNISON
 
The Current Situation
 
Bristol Council announced sale at start of June
Currently reviewing bids from potential buyers
Could choose company that keeps on staff, or only keeps customers
BE staff joining together in a union, to persuade Council to sell to a buyer
who will keep jobs & to prioritise your welfare
Depending on who Council sells to, will be job transfers and/or
redundancies
 
Legal Rights and Collective Action
 
Your employer has some legal responsibilities
However, the law is the absolute minimum
required
It can be vague & often isn’t fair for staff
Cannot rely on the law alone, but can use it
alongside your strength in numbers
The more of you working together in a union,
the more you can influence your employer
This works.
 
Transfer of Undertakings (Protection of
Employment) Regulations – TUPE
 
Temporarily protects employee’s terms and conditions when
a business is transferred (whole or in part) from one owner to
another.
When one employer replaces another
Outsourcing, bringing work back in house, bail-outs.
Key question is ‘does that group of employees end up with a
different employer?’
 
What’s protected 
during
 the transfer?
 
Length of service
Basic terms and conditions – wages, holidays etc
Protection against dismissal (if employed for more than two
years).
Negotiated agreements (pay rises etc.)
Trade union rights
What’s not protected?
 
Pensions – though all employers now have to have a pension
scheme that you can transfer into.
However, your accrued pension rights operated by the
previous employer are protected 
during
 the transfer.
 
What does an employer need to do?
 
Consult and provide information to trade unions/employee
representatives
Inform employees affected
Give information to the new employer
The new employer can try to make changes after the transfer,
but must give notice and consult
 
What rights do you have?
 
Redundancy – Definition
 
What does an employer have to do?
 
Consult staff – individually and through elected reps.
Explain reasons for redundancies and selection criteria
Have a fair selection criteria that complies with Equality Law
Consider alternative employment and allow trial periods
Give time off for job seeking (2 years+ employment)
Clearly state how redundancy payments are calculated
Comply with the Equality Act
Alternative work within Council? Unison’s legal experts reviewing as we speak
 
Getting Organised Collectively
 
Important to approach this collectively so all voices are heard
Support each other & ensure that staff interests are put first
Law offers minimal protection – consultations can end up being tick box
exercises unless staff work together to push for what they want
Turn ‘consultation’ into ‘negotiation’ for a real say in what happens next
Your strength is in your numbers & standing together
Two examples: The merger of Dorset councils and EDF Energy
 
Importance of being in a union
 
A coordinated approach in talking to your employer gets you more
Staff in Bristol City Council and other energy companies are in union, elect
union reps & negotiate with their employers collectively – Bristol Energy only
part of Council where this doesn’t currently happen
The more people in your union the more influence YOU have. Your power
comes from your numbers
Support & advice from experienced union organisers & employment lawyers
Training on the law, how to support each other, build strength, negotiate & win
Solidarity & collective strength in a union with over 1.3 million workers in the UK.
 
Our Timeline of Influence (1)
 
Announce sale & invite
bids
Review bids & agree
new owner
Consult over
redundancies & transfers
 
Our Timeline of Influence (2)
Agree your priorities &
make collective demands
on Council to influence
sale outcome, protect your
jobs & financial security.
Start organising in a
union & request
collective bargaining
rights
Continue to push for your
needs to be met –
protected terms &
conditions, redeployment
opportunities, higher
redundancy pay
Use collective strength in union
within new employer to protect
and improve T&Cs.
 
Transferred union members also
transfer into new union branch.
 
Training and support for any
union members facing
redundancy.
Announce sale &
invite bids
Review bids &
agree new owner
Consult over
redundancies & transfers
Transfer / dismiss staff
 
What Shall We Do Now?
 
Sign our letter from staff – bit.ly/BEStaffLetter
 
Join our union – bit.ly/BEStaffUnion
 
Build our numbers – think of two colleagues who
haven’t signed and joined yet & talk to them tomorrow
undefined
 
Thanks for listening.
Any questions?
 
 
Take Action
 
Sign our letter from staff – bit.ly/BEStaffLetter
 
Join our union – bit.ly/BEStaffUnion
 
Build our numbers – think of two colleagues who
haven’t signed and joined yet & talk to them tomorrow
 
How to Contact Us
 
Teams or email:
Ellen Tregaskes
Maz Wallace
Hugh Cavanagh
Oli Clarke
Roddy Black
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Exploring legal rights and collective action for Bristol Energy staff facing transfer to a new employer, potential redundancies, and the importance of organizing in a union. The Transfer of Undertakings (Protection of Employment) Regulations (TUPE) is discussed, highlighting what is protected during the transfer and what is not, such as pensions. The need to act collectively to influence employer decisions and protect employee welfare is emphasized.

  • Bristol Energy
  • Legal Rights
  • Collective Action
  • TUPE Regulations
  • Workplace Rights

Uploaded on Jul 31, 2024 | 0 Views


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  1. Bristol Energy Sale: Our Rights & How to Use Them UNISON SOUTH WEST WEBINAR

  2. We will be looking at The situation for Bristol Energy Staff Legal rights and employer responsibilities Being transferred to a new employer (TUPE) How redundancy works Organising together in UNISON

  3. The Current Situation Bristol Council announced sale at start of June Currently reviewing bids from potential buyers Could choose company that keeps on staff, or only keeps customers BE staff joining together in a union, to persuade Council to sell to a buyer who will keep jobs & to prioritise your welfare Depending on who Council sells to, will be job transfers and/or redundancies

  4. Legal Rights and Collective Action Your employer has some legal responsibilities However, the law is the absolute minimum required It can be vague & often isn t fair for staff Cannot rely on the law alone, but can use it alongside your strength in numbers The more of you working together in a union, the more you can influence your employer This works.

  5. Transfer of Undertakings (Protection of Employment) Regulations TUPE Temporarily protects employee s terms and conditions when a business is transferred (whole or in part) from one owner to another. When one employer replaces another Outsourcing, bringing work back in house, bail-outs. Key question is does that group of employees end up with a different employer?

  6. Whats protected during the transfer? Length of service Basic terms and conditions wages, holidays etc Protection against dismissal (if employed for more than two years). Negotiated agreements (pay rises etc.) Trade union rights

  7. Whats not protected? Pensions though all employers now have to have a pension scheme that you can transfer into. However, your accrued pension rights operated by the previous employer are protected during the transfer.

  8. What does an employer need to do? Consult and provide information to trade unions/employee representatives Inform employees affected Give information to the new employer The new employer can try to make changes after the transfer, but must give notice and consult

  9. What rights do you have? You can object to the transfer but have very limited rights to stop it as an individual The right to be consulted and informed The right to join a union and seek to turn consultation into a meaningful negotiation .

  10. Redundancy Definition The employer intends to cease the business that employees are employed to do The requirements of the business for employees to carry out work of a particular kind ceases or diminishes The requirement for employees to carry out work at the place where they are employed ceases and diminishes

  11. What does an employer have to do? Consult staff individually and through elected reps. Explain reasons for redundancies and selection criteria Have a fair selection criteria that complies with Equality Law Consider alternative employment and allow trial periods Give time off for job seeking (2 years+ employment) Clearly state how redundancy payments are calculated Comply with the Equality Act Alternative work within Council? Unison s legal experts reviewing as we speak

  12. Getting Organised Collectively Important to approach this collectively so all voices are heard Support each other & ensure that staff interests are put first Law offers minimal protection consultations can end up being tick box exercises unless staff work together to push for what they want Turn consultation into negotiation for a real say in what happens next Your strength is in your numbers & standing together Two examples: The merger of Dorset councils and EDF Energy

  13. Importance of being in a union A coordinated approach in talking to your employer gets you more Staff in Bristol City Council and other energy companies are in union, elect union reps & negotiate with their employers collectively Bristol Energy only part of Council where this doesn t currently happen The more people in your union the more influence YOU have. Your power comes from your numbers Support & advice from experienced union organisers & employment lawyers Training on the law, how to support each other, build strength, negotiate & win Solidarity & collective strength in a union with over 1.3 million workers in the UK.

  14. Our Timeline of Influence (1) Announce sale & invite bids Review bids & agree new owner Consult over redundancies & transfers

  15. Our Timeline of Influence (2) Use collective strength in union within new employer to protect and improve T&Cs. Continue to push for your needs to be met protected terms & conditions, redeployment opportunities, higher redundancy pay Agree your priorities & make collective demands on Council to influence sale outcome, protect your jobs & financial security. Transferred union members also transfer into new union branch. Start organising in a union & request collective bargaining rights Training and support for any union members facing redundancy. Announce sale & invite bids Review bids & agree new owner Consult over redundancies & transfers Transfer / dismiss staff

  16. What Shall We Do Now? Sign our letter from staff bit.ly/BEStaffLetter Join our union bit.ly/BEStaffUnion Build our numbers think of two colleagues who haven t signed and joined yet & talk to them tomorrow

  17. Thanks for listening. Any questions?

  18. Take Action Sign our letter from staff bit.ly/BEStaffLetter Join our union bit.ly/BEStaffUnion Build our numbers think of two colleagues who haven t signed and joined yet & talk to them tomorrow

  19. How to Contact Us Teams or email: Ellen Tregaskes Maz Wallace Hugh Cavanagh Oli Clarke Roddy Black

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