Sleeping in and the minimum wage

Recent legal judgements mean that an employer who requires workers to do a sleep in at their workplace must include that time in calculations for the national minimum wage.

This means that members, and potential members, who sleep in and are low paid, may be entitled to a pay rise and possible back pay.

Inez Kirk

This issue will particularly affect low-paid members in the private or community and voluntary sector who do regular sleep-ins.

But probably not those working for Aberdeenshire council because they are paid above the minimum wage.

Here Inez Kirk, Branch Secretary explains the issue:

“The law states that all workers over the age of 25 should be paid the national living wage as set by Westminster. This rate is £7.50 per hour. This means that for every hour worked this rate should be paid.

“However, this does not mean that each hour during a sleep in should be paid £7.50.

“What it does mean is that the total number of hours worked and the total pay received for those hours should meet the living wage rate.

“So, for example, if you start work at 3pm and work until 11 then sleep in for 8 hours then work from 7 until 3, your total working hours are 24.

“If you then take the total amount of pay received and divide it by 24 and it comes to above £7.50 then your pay meets the level of the national living wage. If it is below £7.50 then the law has been broken and this has to be sorted and back pay given.

“So if you were on £9.77 per hour for the above shift you would be paid 16x£9.77 = £156.32  Plus sleep in £35.41 =  £191.73

“Then divide that by the total number of hours classed as working £191.73/24 = £7.99

“This shows that pay rate is within legislation.

UNISON legal victory sees employment tribunal fees scrapped

The branch is delighted to report that employment tribunal fees will be scrapped after UNISON won a landmark court victory against the government this morning.

The Supreme Court – the UK’s highest court – has unanimously ruled that the government was acting unlawfully and unconstitutionally when it introduced the fees four years ago.

From today, anyone who has been treated illegally or unfairly at work will no longer have to pay to take their employers to court – as a direct result of UNISON’s legal challenge.

 The government will also have to refund more than £27m to the thousands of people charged for taking claims to tribunals  since July 2013, when fees were introduced by then Lord Chancellor Chris Grayling.

Anyone in England, Scotland and Wales wanting to pursue a case against their employer has had to find as much as £1,200. This has been a huge expense for many low-paid employees, says UNISON.

Reacting to this morning‘s decision, UNISON general secretary Dave Prentis said: “The government is not above the law. But when ministers introduced fees they were disregarding laws many centuries old, and showing little concern for employees seeking justice following illegal treatment at work.

Read the full story here

Local Government Election 5th May 2017 - Branch writes to candidates to ask - Will you support public services and workers' rights?

The Scottish local government elections take place on Thursday 4 May 2017.

Local government has borne the brunt of austerity cuts over the last decade. UNISON is campaigning for fully resourced and accountable public services in local communities delivered by a fairly paid council workforce.

The branch has written to all candidates to ask them if they will support Scotland’s Fair Work Framework, which pledges that staff should have security, respect, fulfilment, opportunity and an effective voice at work.

If they will invest in public services and oppose the policy of austerity, which is starving essential wellbeing services of adequate funding.

If they will commit to keeping education, social care and other local public services, under direct local democratic control.

The branch will share the responses received and will let you know who has not replied. PLEASE CONSIDER THIS WHEN CASTING YOUR VOTE AND VOTE FOR CANDIDATES WHO WILL PROTECT PUBLIC SERVICES AND WORKERS' RIGHTS.

Click here to see responses

Click here for UNISON Scotland's Local Government Elections 2017 page

Cornerstone recognition agreement returns negotiating rights to UNISON

Deborah Clarke

UNISON has signed the Joint Negotiation and Consultation Committee (JNCC) Terms of Reference: Collective Bargaining with Cornerstone.

Despite having a recognition agreement since 1995 Cornerstone introduced an Employee Forum 8 years ago which effectively removed all bargaining rights away from UNISON to this unelected staff body.

Deborah Clarke, UNISON Head of Community said, "As you know the relationship between UNISON and Cornerstone has been under considerable strain over the last six months, however we have now turned a corner and put UNISON back as the sole body with which Cornerstone negotiates and consults as per the recognition agreement.

"This is very good news. We have re written the Employee Forum Terms of Reference to remove any rights to negotiation and consultation. 

"The new EF:Terms of Reference were agreed by the board in January. This means that we are now better placed to represent the Cornerstone Members."

Deborah paid tribute to the Cornerstone stewards.

"These stewards have done an exceptional job over the last six months with this very difficult employer. This represents a huge success for our members."

AGM vows to fight for public services, for public service jobs and for the trade unions who protect them

A lively aggregate AGM saw members at two meetings, the first at Woodhill House and the second at the Kintore Arms, Inverurie, throw their weight behind campaigns to champion public services and public service workers and to fight the Tory government's anti-union bill.

The AGM also backed a local campaign to call for the appropriate provision of healthcare staff to carry out the administration of medications or medical procedures within council and third sector settings; and to put a stop to the voluntary administration of medicines that puts low paid and often untrained staff at risk.

And those members working in professions subject to registration with the Scottish Social Services Council pledged to encourage colleagues to join UNISON for their own protection and to urge members to contact the branch if they are under SSSC investigation.

Our speaker at the aggregate meetings was Carol Ball, joint-Vice Chair of the Scottish Local Government Committee alongside our own Inez Teece. Our thanks go to Carol for a very interesting and powerful presentation on council cuts and the Scottish campaign to champion Local Government services and members.

Click here for a full report of the AGMs .

Aberdeenshire UNISON joins council's political leaders to say no to the Trade Union Bill

Branch representatives joined Aberdeenshire councillors from the Labour, SNP, LibDem and Progressive Independent Groups on Monday 23rd November to stand together in opposition to the Trade Union Bill.

Kate Ramsden and Morag Lawrence join council leaders
to say no to Trade Union Bill

Branch Chair, Kate Ramsden said, "The Tory Trade Union Bill is the most draconian legislation against trade unions in the Western world and if it becomes law it will deny workers a voice at work, and their rights to support and representation.

"It is an attack not just on our hard won employment rights but on our human rights, including to be safe and healthy at our work.

"We are delighted that the political leadership of Aberdeenshire council values the important role that trade unions play in the workplace and has joined us in opposing the bill.

"We thank them for taking such a robust position against the Trade Union Bill."

Branch goes to the "heart of government" and lobbies parliament to say no to the "unfair, undemocratic and unnecessary" trade union bill

Aberdeenshire branch joined thousands of trade unionists in London on 2nd November in a mass lobby of MPs calling on them to vote against the Trade Union Bill.

Branch Chair, Kate Ramsden was the sole branch delegate after Inez Teece, Susan Kennedy and Steven Gray were left stranded in Aberdeen as fog in London cancelled flights from around the country.

Kate joined forces with Deirdre Macdonald of Aberdeen City Branch whose colleagues were also stranded in Aberdeen.

Branch joins 100,000 marchers to say NO to cuts and YES to workers' rights

Branch delegates travelled to Manchester on 4th October to join the TUC march and demonstration against austerity and against the Trade Union bill, on the first day of the Tory Party Conference.

Click here to see more photos on picasa

Tens of thousands of trade unionists joined other activists and protesters to give a loud and clear message to the Tories - "We will not stand by and see the poor and vulnerable targetted with cuts whilst the richest in the UK double their wealth. We will not stand by and see workers' rights and human rights trod underfoot by a government of the rich, for the rich."

As the sun shone the marchers made a colourful display as they snaked through the streets of Manchester. The Tories meantime, hid themselves away behind a "ring of steel" - barriers and security to keep away real people.

Aberdeenshire Council stands with the unions against the Trade Union Bill and will not end facility time and check-off

The Partnership Administration of Aberdeenshire Council has written to the Branch to confirm that they support the continuation of check-off (whereby union members can pay their union subscriptions from their salary) and also support facility time.

They have stated that "the Partnership has no intention of supporting the use of agency staff in the unlikely event of any industrial action."

The Branch has welcomed this commitment from the Partnership Administration and looks forward to working alongside them to defeat the Trade Union Bill.

The full text of the letter is below.

It comes as CoSLA, the umbrella body for councils in Scotland also pledged "to stand shoulder to shoulder with their trade union colleagues against the UK Government's Trade Union Bill."

Branch urges Aberdeenshire Councillors to work with the union and oppose the Trade Union Bill

The Branch has urged Aberdeenshire Council's elected members to work with the trade unions to defeat the Trade Union Bill currently under debate at Westminster.

Branch delegates will take part in a mass demonstration at the Tory Party Conference in Manchester on Sunday 4th October, to join our voice with all those calling for the Bill to be dropped.

The Branch has also called on all our members, families, friends and the public to sign the petition against the bill.

And to write to your MP calling for them to oppose it in parliament.

Inez Teece

Inez Teece, Branch Secretary has written to all councillors calling for them to "help to prevent this Bill being enacted, by influencing your party, your constituents and both Holyrood and Westminster Governments."

She warned that the Bill will, if adopted, introduce the most draconian restrictions on workers’ rights within the Western world.

"I believe if Trade Unions were restricted in such a way by the Trade Union Bill, local authorities would be more vulnerable because they would not have trade unions fighting alongside."

The full text of the letter is below.

Branch calls on members to ask their MP to oppose the Trade Union Bill - an attempt to silence workers' voices

Aberdeenshire UNISON is calling on all our members to take action now to defend hard won trade union rights as part of a campaign to oppose the Trade Union Bill. Please wrote to your MPs and sign the petition by using the links below. It has never been more important to speak up before our voice is silenced.

https://secure.goingtowork.org.uk/page/speakout/will-your-mp-protect-the-right-to-strike-

And to take action by signing the petition against the bill.

UNISON is working with the other trade unions  to protect members' rights by opposing the Trade Union Bill, which represents one of the most aggressive anti-trade union laws ever proposed in a Western democracy and restricts rights protected by international law in England, Scotland and Wales.