30/08/2012

ITS: Unite calls Action short of strike called as talks stall.


The Union has been in talks with Capita ITS since the ballot announcement on the 13th of August in a bid to reach a negotiated settlement and avert industrial action. Although progress was made in some areas on the issue of compulsory redundancies in 2013, Capita have refused to offer a no compulsory redundancy guarantee for all areas currently impacted by off shoring & job cuts. In addition they are also not ruling out further off shoring and compulsory redundancies in 2014 and beyond.

During the talks Capita have made it clear that they believe that off shoring and job cuts are required to take the business towards a brighter future. Unite have maintained that there should be room in that bright future for all our members and this ultimately is where talks have stalled. Unite have advised Capita that our members are looking to protect their job security both in the short and medium term and that a wider Job Security Agreement is needed. Unfortunately Capita have failed to respond specifically on this point. Unite also believe that the instability within ITS senior Management has further undermined the discussions. A more detailed report back on what took place during the talks will be given at forthcoming members meetings.

As a result the union has taken the decision to give 7 days notice of action short of a strike and Capita have been notified today that action will commence on Tuesday the 4th of September.
Unite are asking members to observe a continuous ban on;

Overtime Working
Weekend Working

On Call Working
Any work or activity related to the current off shoring
Requests to support contingency planning to undermine or mitigate the industrial action

Further details will follow in a Q&A and any further clarification can be given at members’ meetings this week. Unite have informed Capita that although we believe that talks have reached an impasse and we have decided to call action short of strike, the Union remains committed to finding a negotiated settlement and that we are willing to continue talks. The Union is currently keeping an open mind about escalating the dispute and will consider naming strike date(s) in due course.

Please contact your Unite representatives if you have any questions.


Daryl Williams
Finance Sector - Insurance Industry
Unite


Work to Rule Q&A after the break
Work to Rule Q&A 
Q. What does the industrial action involve?
A. At present, Unite is instructing all members to refuse to:
  • work any overtime;
  • work more than their contractual hours in any day;
  • work at weekends, evenings or any time outside their normal working day;
  • participate in any on-call activity outside their normal working day;
  • provide any form of support outside their normal working day;
  • participate in any work associated with any further off-shoring, including estimates, specifications, risk assessments, information security, knowledge transfer etc;
  • participate in any contingency planning associated with the industrial action.

Q. I already work with a team in Pune, what should I so?
A. If the team is established, you should continue to work with them as normal. If it is a new team, you should refuse to work with them in any way. This includes providing estimates, writing specs, risk assessments, information security, knowledge transfer etc.

Q. What do I do if I am called about a work matter outside my normal working hours?
A. You should, politely, inform the caller that you are unable to assist as your union has instructed you to observe a ban on working outside your normal hours.

Q. Can union members be asked to work on planning implementations that non-union employees will carry out?
A. Providing this work is within your normal working hours, then you can be asked to do this, and you should comply.

Q. What happens if my contract states that I must work overtime as requested?
A. In practice, you cannot be forced to work overtime. The requirement to work ‘overtime as required’ assumes you are available at the requested time – you are under no obligation to be available.

Q. Can I be disciplined for taking part in this industrial action.
A. No, this industrial action is lawful and Capita cannot take disciplinary action against employees taking action.

Q. Why have no strikes been called?
A. Unite reserves the right to call strike action, in line with the law, should we consider it appropriate to meet our objectives in this dispute. At present our view, based on feedback from members, is that action short of strikes is the most effective means of pursuing our objectives.

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