Understanding Bristol Energy Sale and Rights in the Workplace
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.
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Presentation Transcript
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?
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
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.
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? 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 .
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
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) 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
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
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
