Here is our latest update, included in this is an update on Dismissal and Re-engagement and details of the move to our New Offices.
Dismissal & Re-engagement Update
The employer has sought to vary your contract of employment in order to change your terms and conditions, this has nothing to do with the equal pay legislation or the outcomes of the equal pay review. The consultation meetings you attended or been invited to are to consult with you over the changes to your terms and conditions and to try and get you to individually agree to sign the variation of contract and therefore changing your terms and conditions. You are not signing to accept a change in your pay.
The changes to the terms and conditions for non-school staff which give rise for concern are the changes to the pay protection policy and appeals policy. The pay protection policy as of the 1st of June 2016, which will apply to all changes in pay except those from the outcomes of pay review, will provide protection of 3 months, 6 months or 12 months (i.e. restructuring and redeployment).
UNISON’s advice is to not be coerced into signing and let the employer impose the changes to your contract by dismissing and reengaging you. This will protect your legal rights of employment.
Dismissal and reengagement is a process the employer has to go through to impose changes to your contract of employment. As part of this process they have to meaningfully consult with you, clearly identify what they want to vary and if you do not agree they have to serve you your contractual notice of their intent to dismiss and reengage. This is a loophole in the redundancy law and is used by employers to change contractual terms and conditions if individual agreement is not reached.
It does not change the particulars of your employment because you are not dismissed from employment but dismissed from your contract relating to your terms and conditions onto less favourable ones.
It does not affect your years of service, nor does it prevent you from seeking further employment, it will not be reflected in any reference, it will not affect your pension, it will not affect your ability to get a mortgage or loan, it does not affect your credit scoring. It will go on your personnel record as being dismissed of your current contract and engaged on your new one.
The employer is claiming that 62% of council employees including schools have signed to agree to vary their contract this is not true, out of the 6500 affected employees 3900 have not signed to vary their contract, which only 40% having signed. The employer is deliberately trying to mislead you in the hope that you feel scared into signing.
If you have signed and want to legally rescind your signed contract then please refer to our website or contact the branch for details.
New Office – We’ve Moved!
The UNISON office is now based at Royal Oak House, opposite the Council House.
All phone numbers remain the same but the new address is UNISON Derby City, Royal Oak House, Derby, DE1 3AR.