National Pay Bargaining 2024 - Industrial Action (Update 2)
In Employee News 15, issued on 5 August 2024, we confirmed that GMB intend to call its members to take strike action within Fleet Services (Vehicle Workshop) and Waste Services based at Hilton Depot (including Mavis Valley Recycling Centre) from 14 August 2024 from 5am and continuing each day with services resuming from 22 August 2024 at 5am.
Waste collection services in East Dunbartonshire will be affected by industrial action from Wednesday 14 August 2024 up to and including Wednesday 21 August 2024. Mavis Valley Recycling Centre will also be closed at this time. The Workshop at Hilton Depot is also affected by the industrial action. Vehicle call-out support will remain in operation during this time.
There are employees within Fleet and Waste Services, and indeed other Council service areas, who are not covered by the strike mandate. Those employees not covered by the strike mandate are expected to be available and in attendance at work as normal during the aforementioned strike dates.
Signing-in arrangements for all employees based in Hilton Depot and Mavis Valley Recycling Centre and those that are part of the ballot are detailed below.
OPERATIONAL ARRANGEMENTS DURING STRIKE ACTION
WASTE & RECYCLING SERVICES AND FLEET (WORKSHOP)
(i) SERVICE DELIVERY ARRANGEMENTS
At this time, the arrangements for staff are detailed below. On reporting for work on each of the strike days, employees will be provided with further information with regards to their work allocation / location for the day.
Hilton Depot & Mavis Valley based employees
Signing-in arrangements for reporting for work will be available from 6.30am and throughout the day. You are to report to Hilton Depot at the normal start of your shift. In the event your normal start time is before registration open, e.g. 6.30am, you are permitted to amend your start time on the strike days to 6.30am and report at this time.
Employees with a flexible work style
For those employees who are SMART workers and work from different locations, including home, the facility for home working will be suspended on strike days, Those employees will need to attend either Hilton Depot office or Broomhill offices for work on strike days, from 8.30am to sign in. All workers must report to the office in Hilton Depot or the Reception area in Broomhill.
(ii) EMPLOYEE REPORTING BASES & OPERATIONAL ARRANGEMENTS
Attendance at events – meetings/training courses/conferences/further education
If you are pre-booked to attend an off-site meeting, training course, conference or to attend further education from 14 August to 21 August 2024, you must make arrangements to report for duty at Hilton Depot no later than your normal start time on the day(s) of action, or 6.30am, whichever is later.
Reporting to Hilton Depot is required to take place before you attend the event to record your availability for work that day and ensure normal payment of wages.
EMPLOYEE WORKING ARRANGEMENTS DURING THIS STRIKE ACTION
In addition to the reporting arrangements detailed above and to help clarify and ensure consistency in the approach and treatment of employees, I would also confirm the following:
If you are a Waste & Recycling employee or Fleet (Workshop) employee and a member of GMB, you are governed by the strike mandate:
You are protected by the strike action mandate if you choose to participate in this strike action.
If you are a member of a different trade union or are a non-trade union member:
- Regardless of your work location, you are not protected by any ballot mandate if you chose to participate in any form of industrial action and, as such, participating in this action is a breach of your contract and may result in disciplinary action
- You are therefore advised to report as directed above
- If you have any queries, please speak directly to your line manager.
Remarks/comments in relation to industrial action:
- All employees must be aware of the implications of any posts or comments made either in person or through social media
- This includes any derogatory language or remarks made or intimidating behaviours made towards those participating or not participating in action either before, during or after strike action taking place
- In all circumstances, the established policies and procedures will be invoked in any instances.
As your employer it is vitally important that we ensure that all employees fully understand the implications of participating in industrial action.
IMPLICATIONS FOR ALL WASTE & RECYCLING AND FLEET (WORKSHOP) EMPLOYEES – AS PER NOTIFIED STRIKE ACTION ABOVE
The Council wishes to ensure that all employees are treated consistently through this dispute and that sufficient information is available to enable them to make an informed decision about participation in this industrial action.
Sick pay scheme
As during previous strike action, if an employee reports as sick on a day of action, the facility to self-certify absence will not be available for all staff (Waste & Recycling and Fleet staff) based at Hilton Depot and Mavis Valley Recycling Centre from 14 August 2024 and continuing each day up to and including 21 August 2024. Payment for the relevant day will only be made for those employees who are already on sick leave supported by a fit note or those who provide a fit note for the day.
Annual leave/special leave
Annual leave/special leave will not be granted to employees during dates of industrial action days, except leave which has been pre-booked and pre-approved before Monday 5 August 2024. Any leave requests made or approved on Monday 5 August 2024 or after will not be granted.
CPD/Conferences
Requests for CPD/Conferences
Any new requests received from employees to attend CPD/Conferences from 14 August 2024 and continuing each day up to an including 21 August 2024 will not be approved.
Facility to work from home
The facility to work from home to undertake activities will not be available to employees on the days of strike action. Arrangements outlined within specific guidance above on working arrangements and sign-in locations will apply.
Attendance at off-site meetings/training courses/conferences/further education
As detailed above, if you are pre-booked to attend an off-site meeting, training course, conference or attend further education from 14 August 2024 – and continuing each day up to and including 21 August 2024 – you must make arrangements to report for duty no later than your normal start time on the day of action to the appropriate location as directed above before you attend the event, to record your availability for work that day and ensure normal payment of wages.
Pay deduction for participation in industrial action (14 August – 21 August 2024)
- The Council will not make any payment where an employee chooses to participate in industrial action on these above noted dates
- It is the Council’s position that if an employee does not report to work and perform their contractual obligations for that day, the employee will not be entitled to “quantum merit” – in other words they will not be paid for the value of any work performed on that day where they did not fulfil all their contractual obligations
- Employees who do choose to report for work, but do not subsequently carry out their contracted job and obligations that day will not receive payment for that day
- Pay deductions made as a response to employees taking part in strike action or industrial action short of a strike are excluded from the unlawful deduction of wages provisions in the Employment Rights Act
- Employees taking part in the industrial action will lose a day’s pay calculated in accordance with their Conditions of Service, pro-rated in respect of part-time employees
- This will also be applied to other employees who do not present themselves for work on the day of action as detailed above and who have no formal prior authorisation to be absent from work
- The deduction made will be for the contractual hours for that day (as described above). This calculation applies to full-time and part-time employees who are contracted to work on the above noted dates, but who do not present themselves for work on those day(s) or who do not fulfil their contractual work obligations on those days.
- Those employees who do participate in the strike action will have the appropriate pay deduction made from their salary/wage. This will be communicated prior to deductions being made.
Pensions
- Time lost to industrial action does not count as pensionable service
- Employees will therefore not pay pension contributions for the days of unpaid strike action, and this will not be counted in pension benefit calculations
- Employees can contact the LGPS to enquire about restoring lost service
- Whilst a strike breaks the contract of employment it does not break the continuity of employment if the employee returns to work after the strike ends
- Detailed advice and guidance on pension issues can be provided by the LGPS.
Exemptions
It has been agreed with trade unions that exemptions will be supported in the following circumstances:
- If you are in your final year of work before retirement, and whereby participation in industrial action may have an impact on your pension calculation
- If you have reported that you are pregnant, and whereby participation in industrial action may have an impact on your maternity pay and conditions
- If you are in receipt of Universal Credit, and whereby participation in industrial action and reduction in salary may impact on your benefits. In this instance, you should seek advice from your Work Coach in the first instance.
If you are permitted an exemption based on the above, you will be required to report for work in line with the sign-in arrangements detailed above.
Any further exemptions agreed with the Trade Unions will be updated and communicated directly to those affected.
If you have any questions regarding exemptions, or are looking to raise a request for exemption, you should contact your trade union representative in the first instance or businesspartnerteam@eastdunbarton.gov.uk
I hope you find this information helpful in explaining the Council’s approach to the strike action and that it provides you, as an employee, with all relevant information to enable you to understand your position and any potential implications.
Line managers should ensure they share this information with all employees who do not have access to email.
Thank you
Ann Davie
Chief Executive
