One problem with this plan …

One problem with this plan …

It still surprises me, just how blatant the lies the Tories tell are. They have posted a tweet, boasting of the UK's legislative commitment to workers rights by posting four facts and comparing them, favourably of course, with the EU. As Edmund Blackadder once said, "there's just one problem with this plan ... it's complete bollocks." The fact is whoever authorised this ad. will have known it's a lie and just doesn't care. To see the tweet and my notes on its rebuttal, use the 'Read More' button ...

Cannonballs

During the age of sail, cannons could use cannonballs or grapeshot. Cannonballs damaged the hull, gun decks and masts, grapeshot killed people and had a larger damage area although each shot caused less damage. One has to choose the ammo depending on the target; the same is true when building cases in disciplinary and grievance hearings. Choose your [metaphoric] ammo with care and in the knowledge of the target i.e. discover the weaknesses in their case and make sure its on the table with the maximum of force, don’t get distracted by personal anger or irrelevant detail! Use a cannonball!

 …

Labour Leak – Closing the Stable Door

Labour Leak – Closing the Stable Door

This blog article is one of several albeit the first published on the labourleak. It focuses on fixing the problems identified and implied in the #labourleak in a holistic way. It looks at the controls, briefly on why they failed, how the private sector manages, the question of Union collusion, IT standards & controls, the disciplinary process, the NEC and if genuine professionalism can possibly improve the quality and honesty of the decisions taken by the Labour Party; it concludes by proposing that the rules be changed to place a duty on all role holders to conform to the Nolan Principles, and that whistle blowers have better protection, but on the way recommends that the Labour Party use a series of external certifications, ask the Auditors to to inspect that payments and receipts are handled according to the Party's financial control rules, increase the professionalism of the staff and NEC committees, all of this to guarantee to its members and staff that good practice and not arbitrary actions are the guiding principles of judgement and decision.

Can’t make it up

Can’t make it up

A note on LinkedIn on why managements need IT usage policies to prove their compliance and to act legally and fairly towards their employees. I suggest that ISO27001 is useful as a technical standard and COBIT as an organisational one.

This was written in the light of a couple of cases I had to deal with as an accompanying rep. or as an advisor.

You can’t claim that users are not performing if you can’t prove the IT systems work as documented. You can’t pursue a conduct disciplinary against people operating a policy. You can’t fulfil FOI or SAR requests if the data retention policy is suspect. You can’t be sure that corruption has not occurred if there is inadequate segregation of duties.

Having policy will help the organisation answer the following questions. Is our software supported?  Why and how was that data deleted? What should be logged? Who has permission to read, amend and run these programs and/or this data? Are our vendors signed up to our IT security goals? Why do you not know this?

This is all defined in these standards, and the GDPR makes certification to good practice evidence of good will. ISO27001 and COBIT are the big boys in town to prove technical and organisational protection.

You can’t make it up anymore. …

A note on redundancy

There’s redundancies coming! I wrote a short piece on our Union branch web site, emphasising the need for speed; the consultation period is only 45 days now. I briefly touch on the issue of economic viability; for redundancies to be legal and fair, the work must have gone or about to go. It will be harder to argue that jobs under threat are viable while CV19 is looking over the economy like a black rain cloud. I also discuss the need for transparency and fairness in selecting people for redundancy in cases where judgement is required. (Some business units may be reducing in size and so there remains the opportunity stay in employment for some, in these cases the decision must be fair, impersonal and transparent. …

Politics matters, even against a disease

Politics matters, even against a disease

It would be odd not to comment on the CV19 pandemic. For various reasons I have been looking back at my blog and remember at one stage it was a semi-public diary. Because it’s my blog, this is quite abstract and very political, I hope that my readers are keeping safe with their families.  This article looks at the diseases virulence and also the need for effective non-pharmaceutical interventions, especially the funding of sick pay and funding for isolation. There is [much] more below/overleaf. … …

Employee self-defence

Employee self-defence

I have been meaning to write an “employee self defence” manual for a while now, and something came across my desk today to remind me of this ambition. Here’s mine off the top of my head.

  • Always reply to management in writing and in good time.
  • Know where your contract is, make a good .pdf copy of it and keep a copy of any variations particularly if you work for a business unit that has been subject to a TUPE agreement, you’d be surprised how careless some managements can be in keeping good records. If you opt out of the working time directive or refuse to, keep a record. If seconded, or asked to cover other duties get the instruction in writing together with the commitment to end the change in duties.
  • While contracts can be varied unilaterally i.e. imposed, it depends on the wording of the original contract, if you object to the changes, let management know in writing, it can’t stop it but it may be relevant for future grievances or disciplinary processes.
  • Keep a contemporaneous diary and keep it off your employer’s IT; they can deny it to you when you need it or worse, amend the record.
  • See your Doctor when needed and take their advice, don’t make them look a fool. If signed off sick, make sure your appropriate management know and they have the appropriate documentation.
  • Tell your management if you are disabled or chronically sick, they won’t make reasonable adjustments unless they do.
  • If you want flexible working arrangements, you have a legal right for this to be considered, understand the management process, they may mandate a specific form and make sure your application and their reply is in writing.
  • Know your grievance and whistle blowing policy so you know who to talk to when you need it.
  • If you think it’s a grievance, lodge it, the least that will happen is that your case is in writing, actually shit managements might retaliate but your case is in writing and if they’re bad, it’ll only get worse anyway.
  • Know the IT use and record management policy of your employer; don’t break them and complain if others try and get you to do so too, by for instance, using personal phones or emails and whatsapp or twitter to discuss work matters. If an employee, don’t use your own phone for any work business; they have a duty to provide one if you need it for work.

That’s it for the moment but I know there’s more. …

Dignity and respect at work

I was writing a motion for GMB Congress on Bullying and came across this, from one of the ACAS codes, as part of the definition,

Everyone should be treated with dignity and respect at work

I thought that maybe there’s a human rights dimension so went to check out the European Convention on Human Rights since we are losing the EU’s Charter of Fundamental Rights which does include it. Nope! ECHR doesn’t! Well done! …

Workers rights for Maternity and the EU

Workers rights for Maternity and the EU

This article is a quote from the TUC’s “UK employment rights and the EU“, it relates to maternity rights and the EU acquis.

The EU Pregnant Workers Directive 1992 led to substantial improvements in the health and safety protections for expectant and new mothers in the workplace. It gave women paid time off for ante-natal appointments and placed duties on employers to assess risks and to adjust working conditions, transfer a pregnant or breastfeeding worker to alternative work or suspend them on paid leave where harm is identified.

While the maternity leave entitlement in the UK already exceeded the EU minimum of 14 weeks when the Directive was implemented, case law from the ECJ has had a positive impact in tackling the disadvantage and discrimination that many women face in the workplace when they become mothers. For example, it made clear that treating a women unfavourably because of pregnancy or maternity leave was direct sex discrimination and that it was not necessary to identify a non-pregnant comparator in similar circumstances to prove discrimination. This ended years of women potentially being defeated in discrimination claims because the employer argued that they would have treated a man who had to take a substantial period out of the workplace in a similar way.

Sex discrimination law in the UK was amended to create a separate category of pregnancy discrimination, which is now defined as unfavourable treatment because of pregnancy or maternity leave in the Equality Act 2010 with no need for any comparison with a non-pregnant employee. This change in UK law was achieved following a case taken against the UK government by the old Equal Opportunities Commission relying on EU law.

ECJ case law has also extended protection from dismissal on grounds of pregnancy or maternity leave to fixed-term workers. And, since 2008, women on additional maternity leave have had access to the same contractual rights as women on ordinary maternity leave as a result of ECJ case law. This means, for example, that employers are obliged to make contributions into occupational pension schemes for longer than the first 26 weeks of leave.

ooOOOoo …

Brexit and workers rights

Brexit and workers rights

Are EU employment protection laws better than the UK’s? This article contains quotes from the TUC, and the Institute of Employment rights detailing the importance of the EU's Charter of Fundamental Rights to employment rights in the UK and the way in which EU law underpins those UK worker's rights, despite recent adverse rulings . Read More ...