Archive for category Industrial Action

Tesco Must Pay All Staff Equally Decision of Court of Justice of the European Union

As a preliminary point, the Court holds that it has jurisdiction, pursuant to Article 86 of the withdrawal agreement, 3 to reply to the request for a preliminary ruling, despite the United Kingdom’s withdrawal from the European Union.
Tesco Stores is a retailer that sells its products online and in stores located in the United Kingdom. The stores, of varying size, have a total of approximately 250 000 workers, who carry out various types of jobs. That company also has a distribution network with approximately 11 000 employees, who carry out various types of jobs. Approximately 6 000 employees or former employees of Tesco Stores, both female and male, who work or used to work in its stores, brought proceedings against it before the referring tribunal, the Watford Employment Tribunal (United Kingdom), from February 2018 onwards, on the ground that they had not enjoyed equal pay for male and female workers for equal work, contrary to national legislation and Article 157 TFEU. The referring tribunal stayed the male workers’ claims, since it took the view that their outcome depended on the outcome of the claims brought by the female claimants in the main proceedings.

As to the substance, the Court observes first of all, in respect of the wording of Article 157 TFEU, that that article imposes, clearly and precisely, an obligation to achieve a particular result and is mandatory as regards both ‘equal work’ and ‘work of equal value’. It recalls next that, according to its settled case-law, Article 157 TFEU produces direct effects by creating rights for individuals which the national courts must safeguard, in particular in cases of discrimination arising directly from legislative provisions or collective labour agreements, as well as in cases in which work is carried out in the same establishment or service, whether private or public. The Court points out that it has explained that such discrimination is among the forms of discrimination which may be identified solely by reference to the criteria based on equal work and equal pay laid down by Article 119 of the EEC Treaty and that in such a situation a court is in a position to establish all the facts enabling it to decide whether a female worker is receiving lower pay than a male worker engaged in equal work or work of equal value. 4 Thus, it is apparent from settled case-law that, contrary to Tesco Stores’ submissions, the direct effect of Article 157 TFEU is not limited to situations in which the workers of different sex who are compared perform ‘equal work’, but extends to situations of ‘work of equal value’. In that context, the Court explains that the question whether the workers concerned perform ‘equal work’ or ‘work of equal value’ is a matter of factual assessment by a court.

Furthermore, the Court holds that the objective pursued by Article 157 TFEU, namely the elimination, for equal work or work of equal value, of all discrimination on grounds of sex as regards all aspects and conditions of remuneration, bears out such an interpretation. It observes in that regard that the principle, referred to in Article 157 TFEU, of equal pay for male and female workers for equal work or work of equal value forms part of the foundations of the European Union.

Finally, the Court points out that, where the differences identified in the pay conditions of workers performing equal work or work of equal value cannot be attributed to a single source, there is no entity which could restore equal treatment, with the result that such a situation does not come within the scope of Article 157 TFEU. By contrast, where such pay conditions can be attributed to a single source, the work and the pay of those workers can be compared, even if they work in different establishments. Consequently, that provision may be relied upon before national courts in proceedings concerning work of equal value carried out by workers of different sex having the same employer and in different establishments of that employer, provided that the latter constitutes such a single source.

Read full judgement, ECoJ, https://is.gd/R6dFNe

Support trade unionists on strike in prisons.

UCU Novus members working in prison education have been on strike Tuesday 11 May, and Wednesday 12 May in a dispute over health and safety. This covers 49 prisons and young offenders’ institutions and is the first time a prison education branch has taken industrial action.

The row centres on the employer Novus’s failure to meaningfully engage with UCU over Covid health and safety concerns and on-site provision. Also, Novus has refused to drop complaints and investigations against staff who have raised safety concerns – unfounded allegations and without reference to any formal procedures and against natural justice. As these staff are UCU’s health and safety representatives, UCU believes it is impossible for the employer to meaningfully engage in health and safety discussions until this intimidation stops.

Please support your colleagues. If ever there was a time to stand up and support your union colleagues, now is the time. Due to members’ fear of reprisals, there will be limited social media use. However you can fill this gap by taking the following actions:

Your support will give the branch a real boost – please send your messages today. You can find out more about the background to the dispute here.

Attack on staff at Aston University.

Defend staff at Aston University and the excellent teaching they provide.

Please sign the petition here.

Heartless bosses at Heartlands Hospital, Birmingham are firing and rehiring the porters on worse terms.

BTUC UNISON porters at Heartlands Solidarity Event 4pm Sunday, 21st February 2021

Porters at Heartlands are fighting to protect their working conditions support them by joining Banner in celebrating their actions so far.

UNSION members who are Heartland Hospital Porters are currently taking strike action about the proposed imposition of a new rota. This will result in them working detrimental rotating 8 shifts pattern.

The proposed rota impacts on our members health and well being; their caring responsibilities; their work/life balance and results in a significant cut in wages for many.

Banner have recorded some of the actions and comments from some of the porters and others engaged in fighting to protect their working conditions. This will also be an opportunity to discuss how we in Birmingham can support the porters and to hear from those engaged in the dispute. Please join us and give the porters much needed encouragement. Following video is a short preview that was shared at the BTUC meeting on Education in January.

Alternatively, join us on the BTUC Banner Solidarity Event with Heartland Porters Sunday the 21st Feb, 2021 04:00 PM

Meeting ID: 896 2838 8575 Passcode: 831143

If the Zoom meeting is full you can watch us live on Youtube by clicking the button below

BTUC Meeting on Economic and Employment impact of Covid19 in the Midlands

Thursday the 9th of July 7 pm – via Zoom

The meeting is called to discuss the gravity of the looming economic crisis and its effect on employment in the region. Key union representatives have been invited to speak about how the unions propose to overcome the crisis which could see millions of workers being left unemployed across the country. After the key speakers have spoken there will be an opportunity for attandees to ask questions and discuss with the panel the impact of the covid 19 on employment in the region and how they can be circumvented. Please join us.

Asif Mohammed who will be speaking from a trade union perspective on the West Midlands manufacturing base, their concerns and policies for future developments. Asif is chair the UNITE’s regional committee.Stefan

Cholewka will be expressing concerns on the short & long term effects of covid-19 on the manufacturing base.Stefan is from the Manchester TUC

TO Join the Zoom meeting follow the link below


https://us02web.zoom.us/j/89550888818?pwd=S2o3SWdhekxrRGc3WjMydit0Q3JoUT09

Alternatively, use the following credentials on Zoom

Meeting ID: 895 5088 8818
Password: 027430
One tap mobile
+442034815237,,89550888818#,,,,0#,,027430# United Kingdom
+442034815240,,89550888818#,,,,0#,,027430# United Kingdom

You can also login to the meeting by ringing one of the numbers listed below and enter the meeting ID and password as prompted.
+44 203 481 5237 United Kingdom
+44 203 481 5240 United Kingdom
+44 203 901 7895 United Kingdom
+44 131 460 1196 United Kingdom
+44 203 051 2874 United Kingdom
Meeting ID: 895 5088 8818
Password: 027430

Care Workers Dispute BTUC Press Release

The Birmingham TUC (BTUC) along with Birmingham Against The Cuts (BATC) say enough is enough of the continuing disgraceful treatment meted out to the City’s care-workers of whom 95% are women on low pay.

 Their dispute has gone on for some 15 months unresolved along with 60 days of strike action, whilst the Labour controlled council resolved the Bin workers dispute but has allowed the debacle of care-workers who also suffer changes in their work contracts with cuts in pay to continue.

These care-workers need the fullest public and trade union support to assist in their just claim of returning to their original terms and conditions in order to provide a service to this city’s needy who will be unable to afford private assistance.

The BTUC and BATC call upon Birmingham City Council to resolve this dispute as quickly as possible.

25 March 2019

The West Midlands Economy: Why we need a Strategy for Inclusive Growth

The West Midlands Economy: Why we need a Strategy for Inclusive Growth

The West Midlands Economy: Why we need a Strategy for Inclusive Growth