Being a BAOT member means you also belong to Unison and can access support and advice on workplace issues at any time .
The best of trade union empowerment : the story behind a decisive homecare legal victory
As members of BAOT and Unison , you are part of a family of nearly seven million people in the UK who belong to a trade union . The job of a union is to provide support , representation and services to its members , and to collectively bargain for better pay and conditions for all workers , seeking to improve the quality of our public services .
Unions have brought significant changes to society , including improved worker safety , a shorter working week , minimum holiday and sickness entitlements , equality legislation , and a national minimum wage .
We believe that unions are a force for good in society , and we wanted to share with you a recent good news story to illustrate this .
Brilliant teamwork between branch officers and Unison ’ s legal team , over a period of four years , has won Unison one of its most significant recent victories – which will improve the fortunes of thousands of exploited homecare workers all over the country .
The employment tribunal judgement over the national minimum wage case is also thanks to the courage of 10 homecare workers who were willing to stick their heads above the parapet in order to fight for their rights .
An employment tribunal accepted that contractors commissioned by Haringey Council in north London had breached the National Minimum Wage Act , by paying some care staff less than the minimum wage .
The claimants – the majority of whom are Black women – will now receive an average settlement of around £ 10,000 each in backdated earnings .
The judgment acknowledged Unison ’ s claim that travelling and waiting time of up to 60 minutes between appointments should be treated as working time and paid at the minimum wage . This will now provide other homecare staff with a clear method of calculating how much they are owed .
But it was a long and arduous journey to get to this ruling , requiring resolve , creativity and hundreds of hours of old-fashioned graft . It started in 2016 , when Unison ’ s Haringey local government branch started to investigate how Sevacare , which then managed the council ’ s homecare contracts , was paying its homecarers .
And a canny former branch officer , Patrick Fleming , used section 10 of the Minimum Wage Act to access the company ’ s pay records .
At the same time as Patrick Fleming was studying timesheets , the issue was also being addressed at Unison Centre in London . Kate Ewing , a legal officer with Unison ’ s in-house legal team , picks up the story .
‘ We were working on the issue of care workers and national minimum wage non-compliance . We identified there was a need to take action and we hashed out a strategy to go after big care companies . Part of the problem was no one was able or willing to put in the graft of going through the timesheets . But if we did , the illegality of the
employer ’ s practices would be exposed .’
When the tribunal ruling came , the members ’ average pay-out was , by Unison ’ s calculation , equivalent to nine month ’ s work and annual leave .
Significantly , the judge also recorded – and made public – the union ’ s methodology . This ruling has implications for thousands more care staff around the country , arming them with a clear method of calculating how much they are owed .
Read the full story at : https :// magazine . unison . org . uk /.
Unison elects new General Secretary
January 2021 saw the retirement of Unison General Secretary Dave Prentis , after 20 years at the helm . A powerful advocate for public services and the public service workforce , Dave ’ s leadership has helped Unison establish itself as the UK ’ s largest union with over 1.3 million members .
We are delighted to announce his successor , Christina McAnea , as Unison ’ s new General Secretary . Christina is the first female General Secretary of Unison , which has over one million women members . We congratulate her and wish her every success in her new role .
If you have a problem at work , BAOT / Unison is there to help . Anyone can face problems at work , but if you are a member of BAOT , you don ’ t have to face them alone . Whether it ’ s about bullying , duty rotas , flexible working , annual leave or sickness procedures , a BAOT or Unison representative is on hand to help , wherever you work . We are also there to support in you case of disciplinary action , dismissal or redundancy .
For help and advice at work – or to find out more about Unison services – please contact your local BAOT / Unison representative or visit : www . unison . org . uk / get-help /.
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