NHS Pay - Organisers toolkit for branches



NHS Pay CampaignOrganiser’s toolkitJanuary 2015IntroductionThis toolkit has been designed to bring together some existing advice and guidance into one single document that can be used to organise effective industrial action. UNISON members in the NHS have been involved in 2 periods of industrial action and 2 weeks of action short of strike action. In 2015 our pay dispute is moving up a gear. Now more than ever we need every member to play their part and get involved in the strike action and action short of strike action.UNISON members working in the NHS have already taken part in two successful 4–hour strikes in October and November 2014. We have now announced two further strikes, the first for 12 hours between 9am – 9pm on Thursday 29 January. Members will then work to rule between Friday 30 and Tuesday 24 February, which means they will be working their contracted hours and will take their breaks, and not do unpaid overtime. This will be followed a 24-hour strike on Wednesday 25 February.It is important to review preparations for industrial action now. These guidelines set out the actions branches need to start thinking about in order to ensure the most effective action possible and clarify some of the technical issues and concerns members may have about protection whilst taking industrial action. The following links will take you to the section you need and in the advice sections we have included printing instructions so you can select the right pages to print each part and distribute to members.Contents Recruit! Organising your action Who can take industrial action? When will the industrial action take effect? Picketing Emergency Cover Exemptions from industrial action Legal protection for those taking industrial action Sick leave and pay Annual leave Employer intimidation Use of Agency Workers Use of Employers resources during industrial action Members and/or representatives who may refuse to take industrial action Loss of pay Hardship payments Frequently Asked QuestionsAdvice for members and branches on taking your breaks and not working for free Advice for students working in the NHS during the period of industrial action and action short of strike action Links and Resources Appendix A: Guidelines on picketingRecruit! This is a significant opportunity to recruit new members and increase active participation in the union. A recruitment drive should be run in tandem with the dispute. Employees will see the union standing up for them and trying to improve their working lives and will be more easily persuaded to join. We have seen our recruitment figures rise in response to the industrial action taken in October and November 2014, which demonstrates the work branches have done to engage new members. It is also a time when existing members are likely to feel moved to become more active so branches should also seek to recruit new representatives. It is important that where we do sign up new representatives that we give them something concrete to do as soon as possible. Maintaining their enthusiasm and getting them used to doing something for the union makes it easier to go back and ask them to do more. Our position on pay is popular with members and non-members because we are visibly standing up for something that they feel is important. Visibility in the workplace is key so make sure that lots of UNISON material is on the noticeboards and that it is kept up to date. Also, make sure that UNISON representatives are visible in the workplace. Branches must do everything possible to ensure the industrial action is effective. Good communication is essential. If we fail to deliver effective action on pay, the government and employers will look at other terms and conditions in the future. The Secretary of State has already indicated a review of unsocial hours to implement 7-day services. Back to contentsOrganising your action UNISON members working in the NHS in England will walkout for 12 hours between 9am – 9pm on Thursday 29 January. They will then work to rule between Friday 30 and Tuesday 24 February, which means they will be working their contracted hours and will take their breaks, and not do unpaid overtime. This will be followed a 24-hour strike on Wednesday 25 February.Once your branch has plans in place to organise the strike in your workplace, you will need to think about what you can do to encourage members to take part in the action and to try to create a bit of a buzz for Fair Pay. We know that it organising industrial action can be a great way of recruiting new members and getting existing members more active in the union. Below is a quick selection of organising ideas you might want to use or develop for your organising and recruitment plan. Visit this link to find out what materials are available centrally Visit this link to find out how you can put in a bid for money to support your organising activity: .uk/news/articles/get-your-spot-bid-in-to-show-we-are-worth-it In advance of industrial action Update your details If you do only one organising activity, make sure it is this! Being able to communicate effectively with members through email and particularly texting will help get more people involved in any activities you are organising for the strike or the action short of strike action. Run a stall in a busy place on your site; or visit members while they are working to get them to check and update their contact details. You might want to offer a daily or weekly prize draw as an encouragement. or call UNISONDirect on 0800 0 857 857.Pledges Actively collect pledges from members who say they will take strike action, will take their breaks and won’t work for free – either through floor-walking and getting members to literally sign up or running an email or Facebook sign-up. make sure you order stickers to give to those who agree to take part. UNISON has produced a New Year pledge card for you to use when talking to members. During the action Have a break on us! Staff contribute over a billion pounds to the NHS in unpaid overtime each year, so make sure your members know that UNISON thinks they deserve a break. Why not create some Break Vouchers to hand to staff when they pledge. This could offer a cup of tea and a biscuit (or a healthy snack) on one of the days of action and could act as an incentive to recruit new members.You could even go a step further by holding your own Bake Off competition for members to take part in or by joining with local cafes to provide drinks and snacks for strikers on 29 January and for those taking their reclaimed breaks between 30 January and 24 February. Don’t forget to think about how you can publicise the “take your breaks” and to encourage members to “not work for free”. Show members how to claim their extra hours or get time off in lieu. Reclaim your lunch breaks! Worn out staff are not good for the quality of patient care. Use the “take your breaks” action to run a survey to find out how many members in your workplace regularly work for free by not taking their lunch breaks. You could also talk to your Health and Safety reps about how you could use the four days to run info stalls or sessions on the benefits of regular breaks and lunch hours. You could run a local “reclaim your lunch break” campaign by booking some rooms and arranging activities you can invite members to join – show a favourite film in four parts; invite a local chef to do a cooking demonstration; book a yoga or pilates instructor; organise walks around the site. Invite your MP to take a break with staffUse our inforgraphic to invite your local MP to meet staff and have a break with them. A perfect press opportunity Set up some refreshment stations in areas that community staff can get too and publicise details.Some branches will be running ”refreshment stations” in more public locations. If you have lots of community staff in membership, you might want to see if you can set up tea tents in convenient locations so you can tell community staff where they can call in to grab a drink and a snack during the “take your breaks” days. Don’t work for free! Many members routinely start shifts earlier and finish later than their rostered times meaning that they regularly work extra time UNPAID. Encourage members to claim these hours or not to work them. Tell the world! Once you have your ideas in place, please let other branches know what you are doing by: listing your activities on UNISON’s organising space: emailing us on ourNHS@unison.co.uk Facebook or tweet @unisonourNHSOrganising and TrainingBranches, in conjunction with their regional organiser, need to think through organisation on the days of the industrial action. UNISON has developed an Industrial Action Workshop that can be accessed by your regional organiser and regional education co-ordinator. This covers actions such as making a list of all the workplaces and all employers covered by the dispute in your branch. Stewards in each workplace/employer should be brought together with branch officers to discuss the arrangements for the day. In particular, rotas for the picket line need to be organised and each workplace provided with supplies of publicity and materials such as picket and steward armbands as well as placards. Branches should ensure that there is a lead contact for every employer covered by the dispute and that the branch centrally and the regional office have contact details for all these lead contacts. Further advice on emergency cover is provided in section 6 of this guidance. Other unions are also taking action on the same day as UNISON. However, there are other trade unions/organisations who may be supportive of our dispute but not planning industrial action themselves. It is therefore important to work with the other trade unions at local level to ensure the maximum impact of the strike and any protests. Branches are encouraged to set up joint trade union strike committees, to co-ordinate picketing arrangements and other activities so that each union can play to their maximum strengths. The purpose of the strike and protests is to demonstrate to the employers and Government our strength of feeling over the current pay policy in the NHS. A national protocol has been agreed to support and respect action taken between the NHS trade unions. Get the public on board It is also very important to get our message across to the public. We all know that a critical success factor in much industrial action is the degree of public sympathy. Branches will therefore need to think through a publicity strategy aimed at getting the message across to service users and the public at large. Contact should also be made with relevant community groups. As part of their planning for the action, branches should be in contact with their regional office to find out what arrangements are being made for local meetings, demonstrations, rallies or publicity stunts. Each branch will want to make their own arrangements to fit in with other activities being organised at regional level. Prime the press Use the media to get the case across: local papers; radio; regional media and the professional press. UNISON Focus, 0207 121 5543 infocus@unison.co.uk and the UNISON press and broadcasting office, pressoffice2@unison.co.uk should be copied into all news releases. Consideration needs to be given to a press strategy for the strike days. It is likely that the local press will be very interested in this story and it represents an ideal opportunity to get our point of view across to the wider public. Your region will be able to help you make plans to deal with the press and should have a regional press strategy which your branch can “key” into. Back to contentsWho can take industrial action? If branches are not clear which employers within their branch are included, they should liaise with their Regional Office to establish this. If an employer has not been balloted, members in that employer must not be called upon to take action. Participation by new UNISON members in industrial action New members of UNISON who have been balloted are covered by the industrial action call and can take part in the action. This is a significant opportunity to recruit and branches are encouraged to use it. We are entitled to call out members who joined UNISON after the ballot, even though they were not given a vote in the ballot. This is because, in accordance with the law, we balloted only those who were members at the time. The industrial action therefore has the support of a ballot. This is settled law following the decisions in London Underground v RMT (1995 – Court of Appeal) and P v NASUWT (2003 – House of Lords). It is confirmed by the DTI?s 2005 Code of Practice, paragraph 22 of which states: “The validity of the ballot will not however be affected if the union subsequently induces members to take part in or continue with industrial action who at the time of the ballot:- were not members or were members but who it was not reasonable to expect would be induced to take action (for example because they changed jobs after the ballot).” Since they will be taking part in industrial action that is supported by a statutory ballot, these members have just the same protection from dismissal as members who were given a vote. Clarification by the Nursing and Midwifery Council During the pension dispute, following a robust response from UNISON to a statement issued by the Nursing and Midwifery Council (NMC) on 5 October 2011, the NMC acknowledged that taking lawful industrial action is not a breach of the nurses' code of conduct. UNISON believes this is true for ALL regulated healthcare professions. The Nursing and Midwifery Council (NMC) issued a press release on 5 October 2011 which UNISON believed was factually inaccurate as it implied that nurses and midwives could be in breach of their professional code of conduct if they took part in industrial action. UNISON responded to the NMC immediately, making it quite clear that it was prepared to take legal action if they did not revoke the statement. The NMC had to back down and now recognises that nurses and midwives can take lawful industrial action without breaching their code of conduct. The NMC?s statement can be read in full at . UNISON is of the view that the same position applies to all regulated healthcare professions (including the Health and Care Professions Council and General Pharmaceutical Council) and nothing in the professional codes prevents a registrant from voting for or taking lawful industrial action. UNISON will not hesitate to take legal action against a regulator or employer if they try to use the Codes of Conduct to mislead or intimidate staff. Back to contentsWhen will the industrial action take effect? The first day of strike action is 29 January 2015 where UNISON members will be taking part in a 12 hour strike between 9am and 9pm. They will then work to rule between Friday 30 and Tuesday 24 February, which means they will be working their contracted hours and will take their breaks, and not do unpaid overtime. This will be followed a 24-hour strike on Wednesday 25 February. Ambulance members will be called upon to take part in specific action short of strike action. Back to contentsPicketing Attached to this document are Guidelines on picketing. (Appendix A). This guidance should be strictly adhered to. Back to contentsEmergency cover It is the employer’s responsibility to provide appropriate emergency cover, however industrial action must be organised in a way which does not lead to claims of wilfully or maliciously endangering life, limb or property. Employers will need to make arrangements to provide emergency cover and are likely to approach ambulance branches to negotiate minimum cover levels and exemptions. These will need to be negotiated locally. Branches should engage in discussions with their employers but final sign off will rest with the region. Branches should discuss the regional protocol for this with their regional organiser. This could be the regional head of health or regional secretary. Life-and-limb cover Branches should be prepared to grant exemptions where there would otherwise be a direct danger to life and limb of any person, such as in the emergency services. There are a range of services where branches may wish to consider allowing life-and-limb cover, like residential homes for children and the elderly, emergency duty social work and emergency meals-on-wheels. The situation can be particularly problematic in the health services where patients are obviously vulnerable. Risk assessments with health service managers are advisable. Branches should bear in mind any adverse publicity that might occur, or be encouraged by the employers, if the emergency services are disrupted or vulnerable people shown to be suffering hardship which they will say is as a result of our actions. UNISON’s national ambulance committee has issued more specific guidance for ambulance branches. Back to contentsExemptions from industrial action If industrial action is to be effective, it needs to be hard-hitting and solid. Branches should not be making offers of exemptions to employers, it is normal practice for the employer to request exemptions and we should not normally exempt members we have balloted. A consistent approach should be taken in regards to exemptions. However, branches should consider exempting staff in the following categories: these staff may suffer longer term financial loss from strike action and so should be allowed to work normally on the day: Employees currently in their last year of service with their employer who are members of the Scheme. However, those under threat of redundancy, but without a last day of service will not automatically be exempted. Pregnant women who have notified their employer of the expected date of birth (unless there is a clear commitment from the employer that the member will not suffer detriment as a result of her taking strike action). People whose state benefits may be affected if they take part in strike action. Those working under 16 hours a week may be entitled to income support. For members who are in receipt of tax credits, an employer can only stop paying tax credits when the period of absence due to strike action exceeds 10 consecutive days on which the employee should have been working. However, the claimant must keep their benefits office aware of their circumstances. Branches must advise members to get advice from the benefits office/CAB as it will depend on the individual's circumstances as to whether they should be exempted from the action. If branches are contacted by employers on exemptions, no agreement must be given without referral and approval by the region. Back to contentsLegal protection for those taking industrial action All employees are protected from dismissal during the first 12 weeks of any lawful, balloted, official industrial action. During these 12 weeks, the protection is absolute. Any dismissal regardless of how long the employee has worked, or their age, is automatically unfair unless a tribunal decides the dismissal was not to do with the industrial action. Back to contentsSick leave and pay Workers who are absent on sick leave when a stoppage of work starts retain their right to statutory sick pay during the period of industrial action. If an employee reports sick on the day the action starts, the employer can be expected to make their own judgment as to whether they should be regarded as on sick leave or on strike. For the purposes of statutory sick pay payable in the eight weeks after a period of strike action, average earnings will reflect the lower earnings during the period leading up to the illness. Back to contentsAnnual leave UNISON does not regard anyone who takes annual leave on strike days to be participating in the strike action. Back to contentsEmployer Intimidation Management may circulate letters, documents and create rumours in an attempt to throw doubt on the legitimacy of the action. Circulate letters of correction, restate official guidelines, tell members to ignore rumours and to take note only of official UNISON documents. Management may attempt to isolate, or indeed intimidate certain individuals or small groups with the view to encouraging strike breaking. There may be threats concerning their careers or of disciplinary action. Warn all branch members of this type of pressure and advise them they should in the first instance report this to the Branch officers. A full report should then be made to the Regional Office. The more members on strike, the less likely this is to happen. We hope that colleagues from non-striking unions will refrain from undertaking duties which would normally be done by members of UNISON. Branches should ensure they liaise closely with other trade unions and organisations on local activity. Back to contentsUse of Agency Workers Para 7 of the Conduct of Employment Agencies Regulations 2003 says a "work seeker" (agency worker) cannot be used to do the job of a worker who is taking part in a strike or other industrial action". Agencies have a defence of "ignorance" i.e. they didn't know nor had no reasonable grounds for knowing the worker is on strike. The DTI polices and enforces the regulations and can fine up to ?5,000 or a 10 year ban on operating if the agency is found guilty. Branches should notify all local agencies who provide agency workers direct so they can't plead ignorance. If agencies then do supply they should be reported to the DTI. Back to contentsUse of Employers resources during industrial action Branches should exercise caution when using employers? resources e.g. phones, work cars etc during industrial action. Checks should be made in terms of what the contract of employment or union agreement allows. Any queries should be raised with the regional office in the first instance. Back to contentsMembers and/or representatives who may refuse to take industrial action Obviously, we hope for full support of members in any action which is taken. The law is clear and no member may suffer a disciplinary penalty for not participating in industrial action. If a representative refuses to support the action or campaigns against the industrial action, the regional office should be notified. No action should be taken by branches in regards to such representatives. Back to contentsLoss of pay In the unlikely event that your employer takes such a drastic step you should alert the union immediately. Employers are required to tell you this in advance of the stoppage. In these circumstances, the union will provide information about how you should respond, including advice about whether you should return to work that day. You need to tell us straight away if your employer says they plan to deduct for the whole day by alerting their regional organiser. Back to contentsHardship Members should be referred to UNISON Welfare for financial support and advice where it is evident that industrial action has brought pre-existing financial difficulties to the surface rather than being the primary cause of hardship. UNISON Welfare may be able to help with: Emergency crisis payments and other financial assistance Debt advice Support and information Wellbeing breaks For advice or information or to find out how UNISON Welfare might be able to help call 020 7121 5620 – 9am-5pm Monday-Friday or email welfare@unison.co.uk. Members struggling with debt can access immediate advice by calling freephone 0800 389 3302 – 8am-9pm Monday-Friday and 9am-3pm Saturdays or visit Debtclinic, the online version of our debt advice service debtclinic.co.uk/unison. Application forms can be downloaded at .uk/thereforyou Branches may also want to raise the issue of financial support for the industrial action with other local trade unions/organisations who may be supportive but who themselves are not taking industrial action. For the purposes of this dispute only donations made to branches may be retained for hardship use if the branch has an industrial action fund rather than be passed to the region as required by the UNISON Scheme.Back to contentsFrequently Asked Questions – explaining the NHS pay dispute (To print just these FAQs select print option and select pages 11 – 15)Updated January 2015What is UNISON doing about pay in the NHS and why? For the first time in the history of the independent pay review body, the government has chosen to ignore its recommendation of 1% for all staff. This has placed a growing pressure on industrial relations within the NHS and the perception among the workforce that the independence of the PRB has been compromised. No other independent pay review body was ignored, including the one that gave MPs a pay rise of 11%. NHS staff has been singled out. UNISON has been campaigning since the Government’s decision was made. Members have participated in two 4 hour strikes and 2 weeks of action short of strike action. This followed two days of protest, lobbying of MPs, member surveys and lots of other campaigning activities. At our annual health conference in April 2014, delegates took the decision to ballot our NHS members for industrial action. Now members have voted for strike action and action short of strike. The industrial action ballot, which closed on 18 September, saw 68% of those taking part vote for strike action and 88% for action short of a strike. Members working in the NHS in England took strike action and action short of strike action in October and November of 2014. The next action scheduled for January and February 2015 will increase the period of strike action to 12 hours and then 24 hours. We will continue keeping the focus on making sure members take their breaks and don’t work for free between the two strike days. When is the next strike action?The first strike will be for 12 hours on Thursday 29 January 2015, from 9am – 9pm (ambulance members will be on strike from 12 noon to 12 midnight). This will be followed by Action Short of Strike Action (ASOS) in the form of “taking your breaks” and “not working for free” from Friday 30 January to Tuesday 24 February. Ambulance members will be taking part in additional ASOS on the same dates. The ASOS will be followed by a 24-hour strike from midnight on Wednesday 25 February.What is UNISON asking for? to break the planned pay freeze for 2015-16 immediate payment of the 1% recommended by the PRB from April 2014 on all hourly rates and the Living Wage of ?7.65 per hour minimum for the lowest paid staff for a commitment to cost of living pay increases for the future All the NHS trade unions have agreed to campaign together to challenge pay and achieve the following: An end to the planned pay freeze by committing to a cost of living increase for this year 2015/16 Full implementation of the NHS pay review body’s recommendations for 2014/15 (i.e. a 1% rise consolidated into the hourly rates of pay of everyone) and to pay the Living Wage Deliver fair pay in future that: provides consistency across the UK at least keeps pace with the cost of living guarantees the independence of the NHS pay review body begins to restore the value of NHS pay lost in the last five yearsand enables NHS staff to benefit from the return of economic growth and their efforts in delivering better productivity in health services These actions will require current and future governments to provide a sustainable funding settlement for the NHS that invests in quality services and a quality workforce for the benefit of patients. In addition, the health unions are ready to discuss further measures to improve productivity in the NHS and keep the pay system up to date. What was the 2014/15 pay offer? Despite the NHS Pay Review body recommending 1% to all staff, the government announced in England that only staff at the top of their band would receive a non-consolidated 1% pay uplift for 2014/15 and 2015/16. Staff who are receiving increments will not get the 1% pay rise. This means 60% of staff will get no pay rise for the next 2 years. So, will this change this year, 2015/16?No. The Secretary of State for health wrote to the NHS Pay Review Body and told them that they do not need to collect evidence for 2015/16 as the 2014/15 pay offer will be implemented for a second, consecutive year. This means that, yet again, 60% of staff will not get any cost of living pay increase and those that do get the 1% rise will not have it consolidated.What does non-consolidated mean? Non-consolidated mans it is just a one-off payment. You will only receive the payment until March 2016 then it will be taken away and your pay will go back to its April 2013 rate. What happens if I am not at the top of my pay band? If you are not at the top of the pay band you will not receive the 1% pay uplift and you will only receive your increment. If you do not meet the performance required to receive your increment you will not receive your increment or receive the 1% pay uplift. I am at the top of my pay band why should I care? The 1% you may have been awarded for last year, (2014/15) and the 1% for this year (2015/16) are non-consolidated which means they are one off payments which means they are not pensionable, only added to basic pay so will not be added to High Cost Area Supplements; overtime or unsocial hours payments. This means that the 2016 pay rates are going to return to the 2013 pay rates. This is an attack on the pay structure within the NHS. The Government have made it clear that they want to end incremental progression in the NHS and this could be seen as part of their effort to make this happen. Check the NHS pay calculator here to see how much you have lost since 2010 What is the position of the other trade unions? All the health unions are seeking urgent talks with UK governments to achieve a fair pay deal for NHS workers. The health unions will campaign jointly to achieve this. This is taking the form of a programme of ongoing industrial action as well as protest and other campaign activities. The following health unions are part of the formal industrial dispute: BAOT British Dietetic Association GMB Hospital Consultants and Specialists Association MiP Prison Officers Association Royal College of Midwives Society of Radiographers Union of Construction, Allied Trades and Technicians (UCATT) UNISON UNITE What is strike action? Strike action is where staff stop working for a period of time and completely withdraw their labour. On Thursday 29 January we are asking members to take strike action for 12 hours between 9am – 9pm. Members in the ambulance service will be taking strike action between 12 noon and 12 midnight. In addition, we will be asking members to take strike action for 24 hours on Wednesday 25 February. What happens if I start or finish my shift outside of these hours? If you are already in work we want you to come out and join the picket line. If you are not in work until later we would like you to turn up on a picket line and be there to encourage your colleagues not to go into work. What is action short of strike action? Action short of strike (ASOS) can cover a range of activities and can include working strictly to contractual hours or naming particular tasks which groups of members will not perform during the action. From Friday 30 January – Tuesday 24 February we are asking that members ensure that they take their breaks and don’t work voluntary overtime unless either payment or time off in lieu is agreed in advance. In addition to the 12 strike on Thursday 29 January, members in the Ambulance Service will be observing shift start and finish times and vehicle inspections protocols. Ambulance members will be issued with separate FAQs by their branch. What do I do to take action short of strike action? You need to identify what breaks you are entitled to at work and then ensure that you actually take these breaks. Further to this we are asking members not to work for free. This involves not working voluntary overtime unless payment or time off in lieu has been agreed. We know that many NHS workers do not take their breaks and work many hours over their contracted hours for free but for these six days we are asking that NHS staff in England take the breaks and if they work overtime they should claim payment or time off in lieu. Please be reassured that you will not be alone in this. We will be writing to your employer to explain this and UNISON branches will be putting on events to encourage staff to take breaks and not to work for free. For more advice please see the Advice for members and branches on taking your breaks and not working for free section belowI have had a letter from my employer to say I will be in breach of my contract if I go on strike. Does this mean I can't take action? Your employer sending you this letter is just a formality. You are protected from being dismissed for breach of contract if you are taking part in legal industrial action. UNISON will issue full guidance in due course. If you are worried the best thing to do is to take the letter you have been sent to your local UNISON rep. Do I have to take action? We would expect that all our members would abide by the majority decision and take part in industrial action. However, in order to keep patients safe, some members will be asked to work so that we can provide emergency cover during any industrial action. Members who work under exemptions as part of emergency cover arrangements are supporting the strike. Is there any point in industrial action, it won't change anything? NHS staff have taken industrial action over pay twice in the last 30 years. Both times they were successful so it isn’t true to say it doesn’t change anything. Such a high percentage of members voting yes in our ballot gives the government the opportunity to do the right thing and show that they value NHS staff. If everyone takes action it keeps the pressure on them to do the right thing. We also expect other NHS unions will be taking action at the same time. NHS employers were expecting to give staff a 1% pay rise last year, 2014 – that increase has been budgeted for and could be paid. Won’t strike action damage patient care? Our dispute is not with patients so we want to maximise the disruption to services but minimise the impact on patient care. We will ensure that all steps are taken to keep patients safe during our action. Our priority is to protect services for patients and protect pay, terms and conditions for hardworking NHS staff - this action is all about patient care. Many NHS staff are demoralised and de-motivated. This has a massive impact on the quality of care that patients receive. Recent high profile reports have identified the importance of good staff engagement and morale in delivering high quality patient care. What about emergency cover? Employers will be seeking emergency cover and exemptions during periods of strike action. UNISON will be producing national guidance for branches to use in any discussions with employers. I have only just joined UNISON will I have to take action? All UNISON members will be asked to take action. I am not a UNISON member can I still take part? If you are a NHS worker you can join UNISON now and take part in the action. We have a sliding scale of membership rates so it is affordable and many of our low-paid members find they can save as much as their subs by using the member only discounts. Are NHS staff who are on a professional register (e.g. NMC or HCPC) allowed to take action? The law is clear on this – there is nothing in your professional code which prevents you from taking lawful industrial action. We would not ask you to take action which puts your registration at risk. I'm not working on the strike day what can I do to support? There are many ways that you can support the action and campaign. On a strike day you could join a picket line, your striking colleagues would really appreciate your support. You can also contact your local UNISON branch to see if there are other ways you can help. Will I lose money? During a stoppage your pay may be deducted. Some branches have hardship funds to help members in difficulty. There for You - UNISON’s charity offers advice and support if you are already struggling financially. Your branches welfare officer can advise you. When you participate in action short of strike action you should not lose pay. If your employer says that you will, you should alert your local UNISON rep or branch; branch officials should alert their regional organiser. Will my employer take a whole days’ wages off if I am on strike for only part of my shift on the next strike days? If you are on strike for the whole of your shift then your employer will deduct that day’s pay. If your shift covers only part of the strike time then your employer may try to deduct the whole day’s pay. Employers are required to tell you this in advance of the stoppage and you should alert the union immediately. Members should alert their local UNISON rep or branch; branch officials should alert their regional organiser. In these circumstances, the union will provide information about how you should respond, including advice about whether you should return to work that day. The NHS is facing a mounting financial crisis with more than half of all hospitals now in deficit and the service likely to end the year almost ?1bn in the red. Is it not selfish of the unions and NHS staff to expect a pay rise in this climate? The financial problems of the NHS are certainly a cause for major concern. But this should not be confused with the ongoing campaign for a fair pay rise. The government was able to find the money for the top down reorganisation of the NHS that, according to its own extremely conservative estimates, cost at least ?1.5bn – academics have suggested this figure may end up being closer to ?3bn. My question is not answered here how can I get it answered? Contact your local UNISON workplace rep or your local branch. Alternatively you can phone UNISON Direct free of charge on 0800 0 857 857. How can I get more involved in the campaign? Follow us on twitter @UNISONOurNHS use the hash tag #NHSpay Like our facebook page ournhsourfuture Tell us your personal story and why you will be taking action. Email your story to our NHS@unison.co.uk Write to your MP using our online tool , or local newspaper saying why you are supporting the campaign. Talk to your colleagues about the campaign. Become a workplace contact. Contact your local branch to find out more. Back to contentsAdvice for members and branches on taking your breaks and not working for free (To print just this advice select print option and select pages 16 – 17)When UNISON launched its detailed survey focussing on one day at work in the NHS (March 2012) it revealed a picture of gruelling shifts without breaks, severe shortages of staff and regular extra time at work without being paid. Life has not improved since 2012 and to highlight already overstretched services and the goodwill that you put into the NHS, UNISON is asking you to take four days of action short of strike action from 30 January to 24 February and to Take Your Breaks and Do Not Work for Free. Shift patterns and working days vary across the NHS and within organisations. However, under the Working Time Regulations every employee is entitled to an uninterrupted break of twenty minutes when working longer than 6 hours. This needs to be a break in working time and should not be added to the start or end of the working day. In most workplaces these breaks during the day are unpaid breaks but in some places they are paid breaks. Many members routinely start shifts earlier and finish later than their rostered times meaning that they regularly work extra time UNPAID. We are asking you to Take your Break and not to undertake extra time at work unless overtime of lime off in lieu has been agreed in advance with your manager. Obviously there are occasions when members will be working with patients and to leave them would be risky and dangerous. In those circumstances ensure that this time is recorded and acknowledged by your manager and insist that it is paid. Action for Branches UNISON branches will be having discussions with your employer on emergency cover arrangements – part of these discussions needs to include how the employer will be able to facilitate the taking of breaks for all staff including those working on nights or in the community. Such discussions will also need now to include our advice to members not to work extra unpaid time at work. During the period 30 January to 24 February, UNISON members across the NHS are called upon to ensure that you take your agreed breaks during your working day: Ensure that your break is taken during the shift and not added to the beginning or end of your working day Ensure that this is a proper uninterrupted break taken away from the workplace Unless there is an emergency or time critical issue insist on taking your whole break Where members are denied the opportunity of taking their break (for instance because of severe staffing shortages AND where to take a break would endanger life, leaving patients unattended) we advise you to: Notify your manager that you have been denied your break because of an emergency or critical care situation and ask when the break will be re-allocated to you Notify your manager at the end of your shift that you were unable to take your break because of an emergency or life critical situation and, if this was unpaid (meaning that you worked through your break and your working time was extended), ask for a note to be taken of this time so that it can be aggregated and paid for at the end of the working pay period Notify your UNISON representative that you have reported this to your manager to ensure this can be raised centrally with your employer. This action should also extend to not working extra time free. Where leaving work on time would endanger life or leave patients unattended then we advise you to: Notify your manager that you have worked extra time because of an emergency or critical care situation and ask that the extra time be recorded so that it can be aggregated and paid for at the end of the working pay period. Notify your UNISON representative that you have worked extra, unpaid time because of an emergency or critical care situation to ensure that your UNISON Branch can raise this centrally with your employer. Back to contentsAdvice for students working in the NHS during the period of industrial action and action short of strike action (To print just this advice select print option and select page 18 only)I am on clinical placement on the 29 January, what should I do? The organisation where you are on placement, in conjunction with your university, should ensure that your placements deliver a high quality learning experience. If you are working on the 27 January, during the strike (9am – 9pm), or 25 February (00:01 – 23.59) we would recommend that you contact your clinical tutor to obtain local advice. When my placement is short staffed I am asked to do much more. I am worried that this might happen during the strike, what should I do?It is very important to remember at all times that you are a student. While it can seem exciting to gain new experiences, it is vital that during the strike you do not work beyond your role or capability. You should not undertake work that would be done by a striking worker. At all times you must remember that you are a student and not undertake any task that you have not been trained to do, or that you cannot complete safely. No one should pressurise you do anything you are not confident in undertaking. If you feel you are being pressurised to do this you should contact your clinical tutor as soon as possible. As I am a student, I am supernumerary will this change during the strike? No. Students remain supernumerary and not counted in staffing numbers for any shift, this is why it is so important that you act only as a student during the dispute. Should I cross a picket line? Picket lines have to be peaceful to comply with the law. Picketing workers will ask you not to cross the picket line. You should discuss with your clinical tutor ways in which you can avoid crossing a picket line during the strike period. If you are able to support the striking workers then please join them on the picket lines. I am on a day off on the 29 January and 25 February but still want to support my colleagues, what can I do? Picket lines will be set up at the majority of hospitals and to become more involved please contact your local UNISON rep or branch. They will be able to tell you how you can be involved. Can I join in with the action short of strike action? Between 30 January and 24 February, UNISON members will be taking their breaks and not working any extra time unless this will be paid or time off in lieu agreed. Please take your breaks in the same way and see your local UNISON branches for locally planned activities to join in.Back to contentsLinks and Resources January 2015UNISON has produced a whole suite of resources which are available to help you organise your action. These can be found on the resources section of our NHS Pay website NHS strike poster January 2015 NHS strike leaflet January 2015 My most important new year's resolution NHS pledge card NHS strike poster January 2015 – ambulance members strike leaflet January 2015 – ambulance members Dave Prentis letter to NHS members January 2015 Dave Prentis letter to ambulance members January 2015 MP tea time break invite infographic NHS Pay Open Letter to the Public Take action for fair pay: NHS industrial action poster Other resources are available from our online catalogue under the NHS Pay 2014 and the Industrial Action sections: We will also be producing graphics that can be shared via social media (Facebook and Twitter) and as we are planning to send text messages to members reminding them of the dates of the action, please encourage members to update their details to include a current email address and mobile number so we can keep them updated about the campaign.Back to contentsAppendix A (To print just these guidelines select print option and select page 20- 22)GUIDELINES ON PICKETINGPicketing is carried out in furtherance of official industrial action. It is defined as talking to people seeking to enter a workplace in order to encourage others workers not to go in. There is no legal “right to picket” as such but peaceful picketing has long been recognised as a lawful activity. Branches should ensure effective pickets, in line with these guidelines, at each main workplace – at least until mid-day on any strike day.Every branch should ensure that there is a lead contact for every employer covered by the dispute and that the branch centrally and the regional office have contact details for all these lead contacts.NUMBER OF PICKETSThe Government?s Code of Practice on Picketing says “pickets and their organisers should ensure that in general terms the number of pickets does not exceed six at any entrance to a workplace; frequently a smaller number will be appropriate.” This figure is only advisory but it is likely that the courts will give effect to it. Branches should discuss picketing plans with other unions who will be taking industrial action on the day.Other local unions and organisations may be supportive but not taking industrial action. Whilst not picketing they may be organising other local protests and rallies and early joint liaison should be arranged.POLICEIt is advisable to notify the police in order to establish good relations in the event of problems arising on the picket lines. It may be best that you speak to your local Borough Police Division telling them where you intend to picket and asking what further information they need.Pickets should co-operate with the police in any requests they make to keep the streets free from obstruction, etc. Attempts should be made to persuade the police to permit lorries and cars to be stopped for a brief time, to enable information to be communicated.Any agreed arrangements with police, for example, relating to the position of where the pickets should stand or parade, and to behaviour, showing of placards, use of loud speakers (particularly if there are private houses nearby) should be scrupulously adhered to.Any planned protests on employer property should be discussed with the employer in advance.Should any member be arrested this should be reported to the Regional Office as soon as possible in order that any necessary representations or complaints can be made to the police. Witnesses to an arrest should make a note of the following details:Date and timeThe number of police officers involvedThe name of the member arrestedAny expressed reasons for the arrestAny words exchanged between the police officer and the person arrested.PLACE OF PICKETINGPicketing is only lawful if it is carried out by a person attending at or near her/his own place of work. That is the workplace you report to on a daily basis. In the case of members who are mobile or do not report to a fixed workplace then the administrative centre is deemed to be your place of ANISATION OF PICKETIt is important that picketing is organised and that premises are not left unattended. A rota should be drawn up to co-ordinate the action.The picket rota must include only members who are taking industrial action and it is advisable that the picket line is balanced between experienced and inexperienced members.A picket register should be kept which is a record of attendance on picket duty.Picket duty should begin not less than an hour before normal working hours and should aim to cover at least the first half of the working day. Account should be taken of work places where there is shift work.Each picket line should appoint an organiser, whose function is to:Ensure that pickets are wearing armbands Ensure that there is an official placard of displayLiaise with branch officers/coordinatorsLiaise with the police if required.You may wish to organise in advance food and drink supplies by possibly setting up an order with a local café or bringing your own refreshments.IDENTIFICATIONPickets should wear a UNISON picket armband indicating they are on duty. Placards and posters should be displayed stating OFFICIAL STRIKE.PICKETINGAny member, work colleague, or member of the public who approaches the picket line should be spoken to, given a leaflet and the reason for the strike explained to them in a polite and courteous manner.Those workers who wish to cross the picket line should be asked not to undertake any other duties or responsibilities other than their own.The picket does not have the power under the law to require people to stop or to compel them to listen or to make them do what the pickets ask them to do. A person who decides to cross a picket line must be allowed to do so.It is an offence to use threatening, abusive or insulting words or behaviour or display any insulting leaflets or posters or other material.Always take the opportunity to talk to members of the general public and explain the reasons for the industrial action. You can give them the UNISON leaflet designed for that purpose.UNISON members who have not been balloted for strike action are not taking part in the strike. Pickets should not try to persuade them to abstain from work.PERMITTED SECONDARY PICKETINGThe only forms of permitted “secondary” action is where workers are picketing at or near their place of work and persuade other workers, not employed there, not to deliver goods or to enter the work premises, i.e. post, milk, stationery supplies, etc.Back to contents ................
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