UNISON
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government , who may introduce legislation that imposes the restrictions without agreement with unions who represent the key workers affected .
Based on these levels , the government intends to force some people who have democratically and legally voted for strike action to go into work on strike days .
It raises serious concerns about forcing workers to attend work against their will .
This undermines existing ‘ life and limb ’ provisions that are already in place during strike action , which exempt certain categories of staff from strikes where there may otherwise be a direct danger to any person .
During the current ambulance workers ’ strikes , emergency cover provisions are already in place . These are drawn up by each ambulance trust through negotiations with unions and benefit from the experience and expertise of local union representatives and local managers who have a detailed understanding of the day-to-day operational needs of their services .
Work notices
The bill will hand a new strikebreaking tool to employers ; work notices .
If workers in any one of the six listed public services have voted for industrial action , the employer would have a right to serve the union with a ‘ work notice ’ specifying the number of people required to work and the work to be performed during the strike in order to meet the ‘ minimum service level ’ imposed by the government .
Removal of protection for striking workers
If a work notice requires that an employee works during a strike , they could be sacked if they refuse .
This is because the bill removes key protections from individual workers exercising their rights to strike .
Frontline workers will face dismissal for taking part in lawful industrial action .
For decades , the 1992 Trade Union and Labour Relations ( Consolidation ) Act has protected trade unions and employees if strikes are called , ensuring that employers can ’ t penalise workers who break their contracts of employment to take industrial action .
The bill removes the statutory rights of its members against unfair dismissal for those taking part in the industrial action , meaning that an employer could dismiss all striking workers who fail to comply with a work notice .
This will affect huge numbers of UNISON members working in health , fire and rescue services , education and transport .
The greatest workforce crisis in history
Last July , the House of Commons Health and Social Care Committee reported that the NHS and social care faced ‘ the greatest workforce crisis in their history , compounded by the absence of a credible government strategy to tackle the situation ’. Ms McAnea added : ‘ The government is trying to introduce legislation that ’ s only concerned with safety in our public services during strike days , while refusing to implement minimum safe staffing levels for every other day . It ’ s our union that relentlessly campaigns for better public services every day of the year , and we always negotiate ‘ life and limb ’ emergency cover during strikes .
‘ The wave of industrial action in the UK is a consequence of government failure , but it does give them an opportunity to fix things . They can do that by talking to unions , respecting the workforce , and resolving disputes by delivering fair pay , not wasting time on political stunts .’
UNISON is calling on MPs to reject these irresponsible and draconian proposals and legislate to improve workers ’ rights , not damage them .
Occupational therapy staff take industrial action
Many occupational therapy staff have been taking another wave of strike action since the last article , particularly across Northern Ireland , at Liverpool Heart and Chest Hospital , Liverpool University Hospitals and those working in ambulance trusts .
UNISON has been rolling out new tools to allow members to support strikers directly and both NHS and local government pay campaigns will be moving into action again in the spring . Taking strike action is never easy , but the public is on our side and the government will have to listen soon .
For help and advice at work – or to find out more about UNISON services – please contact your local BAOT / UNISON rep or go to www . unison . org . uk / get-help /.
If you need help at work 0800 0857 857 or www . unison . org . uk
February 2023 OTnews 57