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The GMB Union, who’s members work in utilities, social care, ambulance service and local government, among others, says it has been told that Wiltshire Council is pushing ahead with a “fire and rehire process” to push through what it calls “pay cuts to frontline staff”.
According to the union, which protested outside Wiltshire Council County Hall in Trowbridge on October 6, more than 500 staff who are called on to work out of hours are affected.
It says the council proposes to take away a 10 per cent unsocial hours allowance for working evenings, nights, weekends and bank holidays.
The council says: “The proposal is to move away from paying a per cent plussage on full remuneration and instead for staff to claim a 20 per cent additional payment on hours which are worked unsocially – instead of a flat fee we will pay on actual hours worked.”
GMB branch secretary, Andy Newman said: “Wiltshire Council is using this legal sledgehammer to achieve very marginal operational advantages.
“Wiltshire Council already struggles to fill these keyworker roles. Once the council gains the reputation as being a bad employer, as it surely will if it proceeds with ‘fire and rehire’, then skilled and specialist staff will be even harder to attract.”
Wiltshire Council says it needs to make these changes to some terms and conditions to ensure policies, are standardised, fit for purpose, financially viable and support the delivery of the council’s Business Plan, while ensuring staff are fairly and appropriately rewarded.
Terence Herbert, chief executive of Wiltshire Council, said: “We remain committed to resolving this long-standing issue and have been working with the unions for 22 months to achieve this. The protracted nature of the issue has made this a difficult time for the staff impacted and they are very keen for this to be resolved.
“Throughout this process we have strictly adhered to employment law and always will. We have been seeking to reach collective agreement, but to date the unions have not provided any alternative feasible proposals, although Unison and Unite did get a mandate to agree to the proposed changes. It’s important to note there will be no immediate dismissal and offer of re-engagement (also called “fire and re-hire”) despite the unions stating that this will be the approach.
“Our absolute preference remains to reach collective agreement but if this is not possible then we will seek to reach an agreement with staff on an individual basis. We remain open to alternative proposals that meet our business objectives. We have set up sessions with affected staff to provide them with all the information they need.”
The council’s Labour group leader and cllr for Salisbury Fisherton and Bemerton Village Ricky Rogers said the saga is “bringing the council into disrepute” and compared it to what happened with P&O Cruises.
P&O chose to dismiss 800 staff on a pre-recorded Zoom call and specifically decided not to consult with recognised trade unions, in order to replace employees with agency workers on lower wages
He said: “Following the National Scandal involving P&O and ‘Fire and Rehire’ which received condemnation throughout Government and indeed the then Prime Minister, Wiltshire Council could become the first Council in the country to use ‘Fire and Rehire’.
“I believe this Industrial Relations Tactic breeches our Constitution by knowingly bringing our council into disrepute, that is why elected members must be allowed to make their voices heard over this operational matter”.
Mr Herbert said to compare Wiltshire Council’s situation to what happened with P&O Ferries is “completely ill-advised and inaccurate”.
“The Government’s action and advice following that situation was based on a completely different set of circumstances to those which we find ourselves in”, he said.
Mr Herbert added: ““For the sake of the wellbeing of our staff, and our need to ensure our policies are fit for purpose, we have also been clear that this matter cannot remain unresolved indefinitely. The existing terms and conditions are not financially sustainable in their current form, particularly the element that sees staff paid a flat rate for working during unsocial hours rather than being paid for the actual hours worked. If our proposals are agreed then affected staff won’t see any changes to their pay for four years, as we have offered a generous pay protection, and we ensure all salaries are paid at the market rate in line with our pay policy.
“Although the chairman has ruled that a formal motion won’t be discussed at Full Council due to the live issue which, as an employment matter, is the responsibility of the corporate leadership team to resolve in accordance with the law and constitution, any councillor is free to mention terms and conditions and make statements should they wish to. We have offered political groups a briefing to update them on the facts of the situation and clear up inaccuracies that have emerged as result of the recent protest.
“Our preferred approach to making any changes to terms and conditions is always through collective agreement. Therefore, we have continued consultation with all three unions to outline that we are still willing to consider alternative, reasonable proposals from them that could enable us to achieve this outcome.”
“It is in everyone’s best interests that this is resolved as quickly and fairly as possible and we’ll continue to work hard to achieve this.”
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