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Cymru/Wales Gas Branch |
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Unison Cymru/Wales Gas Branch
Questions and Answers Can you be sacked if you are on strike? Do you still get paid when going on strike? What if I am already or are due to go on maternity leave? Can I take annual leave during the strike? What happens to my pension on strike days? Can you be forced to take strike action? Can the Union discipline members who do not strike? How will taking Industrial Action help? Does British Gas/Centrica care what we do? How will Industrial Action Help ME? What if I'm not currently a member but would like to join, can I strike? What if I am a member but I don't receive/haven't received my official ballot? What should I do in the mean time?
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UNISON members are reluctant to take industrial action. It is always the last resort, bringing with it, to some degree, loss of earnings and job instability. Yet, the number of disputes affecting UNISON members has been rising over the last few years; about 60 ballots on industrial action are now taking place every year with half of them leading to action of some kind. The overwhelming majority of ballots are at branch level, with some involving only a handful of members. The most frequent cause is an attempt by employers to worsen terms and conditions of employment. At the same time there have been major strikes, at both national and regional level. UNISON is committed to collective bargaining, and negotiates disputes procedures in part to protect the union and our members from employers taking preemptive action and imposing changes. Industrial action becomes a legitimate strategy when negotiations have broken down and where any agreed disputes procedure has been exhausted - although there are circumstances when industrial action may be authorised earlier. Remember, our main objective is to get the best possible deal for our members and that, especially when things look difficult, the branch, the region and the national union work together. Industrial action in the United Kingdom is more circumscribed by legislation than in any other country in the western world. A raft of restrictions have been enacted which make it easy to fall foul of the law and employers are often only too willing to take UNISON to court where areas of the law are open to interpretation. It has therefore been necessary to develop fairly elaborate industrial action procedures which are designed both to make action effective and to protect the union and its members from legal action. Can you be sacked if you are on strike? No, there are a number of employment laws protecting you and which state you cannot be sacked or treated detrimentally because you choose to take industrial action, as long as it is legal - any action recommended and taken by UNISON will be legal. It is important to note that an employer can legally dismiss all those who take part in unlawful action. In the case of unofficial action, the employer can dismiss and later pick and choose who it re-employs - with no protection from victimisation for those it chooses not to re-employ. Do you still get paid when going on strike? No - An employer is entitled to withhold payment for each day of strike action from those deemed to be on strike. UNISON does have a strike fund that provides an allowance to members who do strike, but only when action has been taken for a continuous period of 5 days. Any members who may face financial hardship as a result of taking action may apply to UNISON Welfare for a grant to help during difficult periods. Continuous service Although a strike is technically a breach of the contract of employment, it does not break continuous service if the worker returns to work after the strike ends. However, days of strike action will not count towards any relevant qualifying periods. What if I am already or are due to go on maternity leave? A woman who is due to commence maternity leave on the day of a strike is advised to seek further advice. A woman who is on maternity leave while the strike takes place retains her right to maternity pay. She can also delay her return to work if it coincides with a day of strike action. 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 as sick on the day the action starts, the employer can be expected to make their own judgement as to whether the employee 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 figures will reflect the lower earnings during the period leading up to the illness. Can I take annual leave during the strike? Where strike action begins during a member's annual leave, the employer can be expected to treat them as on leave and not on strike. Some employers however, adopt a policy of refusing requests for leave by workers, covered by a ballot, during a period of industrial action. What happens to my pension on strike days? With most pension schemes, absence on a day's strike will not count towards pensionable service. The pay lost will reduce the average pay used in any calculation of benefits. It may be possible to buy back service lost, but in many instances the amount lost will be so small it is not worthwhile. It is usually in the last year of service that pensions are most affected and for this reason we normally exempt such members from taking strike action. Can you be forced to take strike action? Can the Union discipline members who do not strike? No - Trade unions cannot force members to take industrial action. Similarly, the union cannot discipline members who refuse to participate in industrial action. However, the union does expect members to abide by the decision of the majority expressed in a legal and democratic ballot of its members. Trade unions only work by having the voice of many behind them. It is only by standing together and using (as a last resort) strike action that we can force employers to listen. Remember, if people in days past hadn't done the same, you would not have what you have now. How will taking Industrial Action help? Taking action now will help to secure your position and job later. You may not be outsourced/off-shored now, but you may be soon. You may not be in the pension scheme now, but you may wish to join at some point in the future. As a union, we believe short sharp action is better than a long dispute. It is our intention to end the dispute quickly, but in many aspects it will be dependant on British Gas/Centrica's response. It is initially intended to hold a series of single days of action. Does British Gas/Centrica care what we do? Centrica Plc is a company listed on the London Stock Exchange and the Board of Directors prime responsibility is to the shareholders. Any action which affects customer service or the public opinion is taken very seriously by the company. You will soon see press and public relations campaigns to put more pressure on the Board. How will Industrial Action Help ME? We are seeking a firm and public commitment that no further customer facing jobs will be offshored. Such a commitment will protect your job. What if I'm not currently a member but would like to join, can I strike? Yes (only if you join) - New members of UNISON who have been balloted are covered by the strike call and can take part in the action. 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, 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:-
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. The British Gas Sector Committee submitted a motion to the UNISON National Energy Executive Committee to approve the industrial action plan. This was unanimous and since then, a National British Gas Industrial Action Committee has been formed and is holding regular meetings. Ballot papers will be issued to members' registered home address from Thursday, 4th September 2008 and will close on Friday, 26th September 2008. The ballot will be conducted independently by the Electoral Reform Society and your Branch representatives will also be holding a series of meetings to discuss the issues with members. What if I am a member but I don't receive/haven't received my official ballot? Please speak with your UNISON representative immediately. Their contact details can be found online by visiting www.unisoncymruwalesgas.org.uk No - But that is your choice. Members in support of the strike will fight for YOUR pay, YOUR conditions and YOUR job. Any 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. 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. Those workers who wish to cross the picket line should be asked not to undertake any other duties or responsibilities other than their own. It is an offence to use threatening, abusive or insulting words or behaviour or display any insulting leaflets, placards, posters or other material. Support them just as you would like to be supported - this affects everyone. What should I do in the mean time? Please contact UNISON Direct on 0845 355 0845 to ensure all your details are up to date and encourage your colleagues to join. |
