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East of England Ambulance branch (20106)
30th NOVEMBER 2011 “DAY OF ACTION”
Your questions answered....?
Unison acknowledges that there may be concerns about the impact that the industrial action relating to the forthcoming “Day of Action” on Wednesday 30th November 2011may have on the public, the patients and themselves as individuals and as such has discussed and agreed (at national, regional and local level) to a set of underlying principles that can be applied for their ambulance sector members.
However as a branch, we also acknowledge that our members also have a lot of questions about how this industrial action may impact upon them as individuals and would like to try and address these concerns by way of this Q&A sheet.
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Q. When does the period of industrial action/strike start?
A. The period of dispute will commence at 00:01hrs on Wednesday 30th November and cease at 23:59 hrs on the same date.
Q. What are my options as a UNISON member on the 30th November?
A.
1) Can Strike and choose to operate under the agreed exemptions but for no pay ( they can withdraw from these at any time during the strike period and revert to option 2).
2) Staff can strike and not operate under the exemptions i.e. do no work at all (either stay at home or attend a picket line at their place of work or join an organised event of which there are plenty).
3) Can choose not to follow the democratic decision of Unison and work normally in which case they will not be taking part in the strike and will be paid normally.
Q. Do I have to strike on the 30th November 2011?
A. It is Unison’s expectation that as a member of a union whose democratic and legitimate ballot of its membership returned a majority “Yes” vote that you would participate in this period of industrial action.
Q. Do I have to notify my employer in advance that I will be participating in this period of industrial action?
A. No, as an individual you are not legally obliged to notify your employer of your decision. Unison’s regional offices will be writing to the employers within the time frames specified in law to formally notify them of numbers likely to be involved in their individual organisations.
Q. I didn’t vote / I voted “No” during the recent member’s ballot – why should I be forced to strike?
A. We would refer you back to the previous answer but also add that Unison would actively discourage the practice of “strike-breaking” by its members.
Q. Will I be paid if I strike?
A. No
Q. Why should I work at all if I am not being paid?
A. You are not obliged to work during this period of industrial action and it would be for the individual member to decide whether they wish to respond to a 999-only call in accordance with the exemptions set out in Unison’s branch guidance. Staff side have been actively negotiating for an arrangement with the Trust that will mean that members working in accordance with the exemptions set out in Unison’s branch guidance are paid for the period spent dealing with any 999-only calls they attend. Up to the point where these Q&A’s have been published the Trust stance is that staff operating under the agreed exemptions will not be paid.
Q. I’m on a night shift leading into or out of the 30th November 2011 -
A. Obviously, members who are due to work a “day” shift or normal office hours and whom are not covered by the exemptions set out in the branch guidance will be expected to participate in the industrial action for the full period of their shift/day’s work. However, those members whose hours straddle this date will only be expected to participate in the industrial action during the hours as stated in the answer to Q1.
So, for example, if you are on a night shift on the 29th November, you will work “normally” up to and including 00.00hrs on that date then commence your period of industrial action from 00:01hrs on the 30th. This could involve your;
- remaining on duty but notifying HEOC that you will now only be working in accordance with the exemptions set out in Unison’s branch guidance (if applicable),
- booking off duty and joining your colleagues on a picket line or
- booking off duty and going home.
Alternatively, if you are rostered to work a night shift on the 30th November you can either;
- book onto a vehicle at what would be your “normal” start time but notify HEOC that you will only be working in accordance with the exemptions set out in Unison’s branch guidance (if applicable) up to and including 00.00hrs on this date,
- support your colleagues on the picket line and then book on duty at 00:00hrs when your period of “normal” duty commences, or
- remain at home until your period of “normal” duty is due to commence.
It should be noted that if a member chooses not to work at all during the period of industrial action identified in A1, the expectation would be that these members will be at work and ready to commence the remainder of their duty as normal from 00.00hrs on the 1st December. Unison cannot condone any deviation from this and would strongly recommend that members contact HEOC on arrival at work to advise them of their readiness for duty if there is no vehicle available to book onto at that point in time. Failure to do so may result in the employer assuming you were absent without authorisation and further deduction of pay could occur.
Q. I have two shifts which fall in the period of industrial action, what should I do if I want to take action?
A. Staff who have part or all of more than one shift/rota falling during the period of industrial action would only be expected to take industrial action on the shift that starts during the declared period.
For example I have two night shifts starting at 19:00 hrs on 29th November and 19:00 hrs on 30th November in this case you would take no industrial action for the full shift starting at 19:00 hrs on 29th November. You should only take industrial action starting from 19:00 hrs to 23:59 hrs on 30th November.
Q. What if I am down to do overtime on the 30th?
A. Unison has made no exemptions in respect to members doing overtime and would actively discourage them from undertaking any for the period of this industrial action.
Q. How will the employer calculate my period of “no pay” during this period?
A. The Trust has confirmed that pay will be deducted on a pro-rate’d basis for the hours not worked as opposed to a complete day as it is noted that not all members would have been rostered to work a full 12 hour shift on this date anyway
Q. Will I be paid if I work “normally” as opposed to in line with the agreed exemptions?
A. Yes you will be paid as normal but as already identified in an earlier response; Unison would actively discourage its members from strike breaking and any member earning a salary during the period of industrial action would be encouraged to consider donating their earnings or part thereof to the union’s hardship fund. Details can be found on the branch website at www.eeas-unison.com as to how this information can be accessed.
Q. Surely all the calls will be sent through as “999” ones because HEOC will be unable to determine their call categorisation until they have answered the call and run through the AMPDS process?
A. The branch recognises this and acknowledges that this is a highly likely outcome.
However, it is also acknowledged that trying to create a set of exemptions so finite in detail would be extremely difficult in these circumstances given that the current call handling system initiates a “pre-alert” upon receiving a call, and that delays categorising and updating crews are commonplace.
In order to address this, it would be staffside’s expectation that once found to be a non-999 call, the vehicle working in accordance with the exemptions set out in Unison’s branch guidance would then be stood down and the call, once appropriately categorised would be re-allocated to a vehicle identified as working “normally”
It is also the branch’s expectation that the availability of all other resources (including PAS/VAS) would be considered and utilised appropriately before allocating the call to vehicles staffed by members working in accordance with the exemptions set out in Unison’s branch guidance.
Q. Will I have to go out on standby if I work in accordance with the exemptions set out in Unison’s branch guidance?
A. No. Staffside has made it clear to the employer that the exemptions only apply in respect to providing a response to 999-only calls; standbys do not constitute a 999 response!
Q. What if HEOC instruct me to go to a standby point?
A. HEOC managers, staff and members will be given the same Unison guidance on exemptions as the operational road staff and which clearly states that standbys are not included in this so rather than enter into a heated debate with them simply refer them to this document. Please remember that we have members in HEOC who are also going to be facing the challenges that this period of industrial action and/or the exemptions will present.
Q. My work colleague for this period of industrial action is not a member of Unison or has declared an intention to work “normally” so how do I stand as regards taking full industrial action or working in accordance with the exemptions set out in Unison’s branch guidance?
A. Irrespective of your colleague’s union affiliation (or not), you would still be entitled to undertake industrial action during the period detailed in A1. It is for the employer to arrange and manage emergency cover; they have had sufficient warning of this period of action to have made interim arrangement and it would be expected that local operational managers will manage their resources in the same manner as any other staff disruption such as short notice sickness/emergency leave etc – unless of course your local line manager is also a member and therefore participating in industrial action.
Q. Will I be covered as regards professional indemnity/ insurance requirements if I work to the agreed exemptions?
A. It is confirmed that the Trust will provide the same level of insurance cover and indemnity to those working in accordance with the specified exemptions as they would on any normal working day.
Q. What happens when I book clear at hospital or the incident address?
A. If you are doing this then it is accepted that you have opted to work in accordance with the exemptions set out in Unison’s branch guidance and as such will be providing this emergency response from the picket line. Therefore the expectation is that you would return to the picket line immediately and it would be from an official picket line at the nearest Trust site to where you book clear.
Q. In that case, can I join any picket line?
A. No! Members need to be aware that they can only participate in a picket belonging to their employer group so ambulance members would only be able to be part of a picket line at one of our own Trust sites and would not be able to join a local hospital branch’s picket instead - even if it were the nearest one to where you are at the time.
Q. I’m on annual leave/rest day on the 30th November – can I still join in the action?
A. Any member can show support at a picket line belonging to their own branch and whilst needing to observe the law in respect to maximum numbers standing on a picket line, we are sure that the more visible the show of support the greater the impact of the message being sent to those intent on undermining our current pension scheme.
In addition to this, any members wishing to give up any of their free time to join their colleagues on a picket line on what’s likely to be a chilly day will almost certainly be heartily welcomed – especially if bearing flasks of hot tea and biscuits!!
Q. Can I wear my uniform whilst participating in a picket line?
A. Ordinarily, the answer would be “no” but as some of our operational members may choose to provide emergency cover in accordance with the exemptions set out in Unison’s branch guidance, it is not anticipated that the employer will object to the wearing of uniform by these members on this occasion. If you are not working at all or simply there to show support then you will not be allowed to wear your uniform.
Q. What action can I take while on a picket line?
A. UNISON requires that all members of a picket line do behave in a courteous and professional manner at all times. Picketing members are permitted to speak to members of the public and staff crossing the picket line and may persuade colleagues and others to not cross the picket line. Each picket line will have an official leader clearly identified by a UNISON armband as a point of contact.
Q. What will happen if I cross a picket line?
A. Unison expects all its members to behave in a professional manner at all times and not bring its own or the employers name into disrepute. Remember, we are not involved in a dispute with our employers; this dispute involves all of Unison’s public service members across the UK.
For those ambulance members working in accordance with the exemptions set out in Unison’s branch guidance, it is inevitable that you may be required to cross a picket line at some stage during the course of your period of rostered duty (i.e. hospitals, local government establishments, schools etc) but Unison has the ability to set exemptions in respect to provision of “life and limb” cover and it would be this branch’s expectation that fellow branches would ensure that this message is clearly communicated to their own members taking part in industrial action.
Q. What do we do if Private or Voluntary ambulance crews try to cross the picket line/standby at our sites?
A. As previously highlighted, Unison expects its members to behave in a professional manner and as such would not expect them to become involved in conflict with these crews. Staffside has already raised its objections to these resources being allowed onto our sites at any time and our reasons for objecting. However, the staffside leads will be raising this matter with the senior Ops management again in advance of the day of action.
Q. Will taking strike action place me in breach of my professional regulator’s Standards and Code of Conduct?
A. A number of Unison health members are registered with professional regulators such as NMC, HPC and GPC . UNISON has already challenged the NWC legally and all the regulators accept that lawful industrial action is not a breech of professional codes of conduct. Unison will challenge legally any regulator or employers who seek inappropriately to use the code of conduct to intimidate staff either in participating in a lawful ballot or taking part in industrial action. Managers who are on a professional register are accountable to the same code of conduct.
*more information can be found at: http://www.hpc-uk.org/aboutregistration/standards/, http://www.nmc-uk.org/nurses-and-midwives/the-code/the-code-in-full/ and http://www.pharmacyregulation.org/pdfs/other/gphcstandardsofconductethicsandperflo.pdf
Q. I’m a manager member but fear that taking part in this industrial action will have a more far-reaching impact on my future career development?
A., It is Unison’s expectation that all of its members will participate in this period of action, either fully or in accordance with the exemptions set out in Unison’s branch guidance and irrespective of their rank or position within the Trust. Unison at all levels has a large number of members within management tiers and, as would apply to any of their non-management member colleagues, would not expect these members to be penalised or treated unfairly in respect to future development opportunities for simply participating in a democratic and legitimate process.
Q. What can I do if my manager/colleagues have recommended or inferred that I would be “better off” not taking part in this period of industrial action?
A. Unison would recommend that you make this recommendation/inference known to one of your branch’s staffside leads at the earliest opportunity so that a discussion can take place with the manager/colleague concerned or at a more senior management level if felt necessary. Unison does not condone and would therefore actively discourage any attempts to intimidate or pressurise members into not participating in a legitimate process of industrial action if they wish to do so.
Q. How do NES members quantify provision of cover in respect of patients requiring palliative care?
A. The branch recognises that there may be vagueness around this particular group of patients and as such would suggest that if asked to convey a patient from a home address to a hospital or hospice for palliative care then this would be covered by the exemptions within Unison’s branch guidance. If however, the request is to discharge or transfer from one care facility to another then this would not be covered by the exemptions as the patient will be viewed as being in a place of safety and not having an emergency need.
Q. What happens if my vehicle is defective?
A. Members who have chosen to work in accordance with the exemptions set out in Unison’s branch guidance are advised to notify their local line manager/HEOC who will have to arrange for a replacement vehicle to be brought to them. The delivery and/or collection of vehicles between sites does not constitute or warrant an exemption.
Q. I work on a Caretech vehicle within NES and am covered by the exemptions set out in Unison’s branch guidance but can I refuse to undertake duties for A&E operations during this period?
A. It is acknowledged that Caretech vehicles are occasionally used as a resource by A&E operations but in respect to the forthcoming period of industrial action, these vehicles are not to be used in this way and the exemptions set out in the Unison branch guidance only apply in respect to NES-related patient journeys.
Q. How should members respond if approached by the media?
A. Ideally, all media enquiries should be directed to the Branch Secretary, Gary Applin (07508111396) to deal with but if you are approached by local media at a picket line, our advice would be to remain neutral and simply confirm that you are either working in accordance with exemptions set out in Unison’s branch guidance or participating in a legitimate process of industrial action.
Q. Will there be further strike action?
A. At this point in time it would be best to assume that further action may be required in the New Year but Unison will provide its members with regular updates as and when they occur. The national ambulance sector has also recommended that in the event of further action, Unison ambulance members should be balloted for action short of strike.
Q. Will it be worth it or in other words, have the desired effect?
A. We cannot give a definitive answer to this. Some concessions have been considered already and more may be forthcoming once the government gauge the reaction to this call for action. However, one thing can be guaranteed – if we, as pension scheme members sit by and do absolutely nothing to challenge this threat to what the majority of us will have spent our careers to date establishing then we will get nothing more than what the government deems appropriate for the future of our pension schemes.
Apathy is not an option and failure to recognise this will leave us all suffering the consequences of this inertia!
Q. Is Unison arranging pension campaign-related events across this region?
A. There is a variety of events being organised across the region and members are encouraged to participate wherever possible. Details of events can be found on the regional website at: http://www.unisoneastern.org.uk/campaigns/pensions/november-30th-day-action-calender
Q. How do I make a donation to the hardship fund?
A. Firstly, a heartfelt thanks in advance to anyone who is considering making a donation to the union’s hardship fund – all donations, no matter how large or small are always warmly received. Details of how donations can be made can be found on the branch website at www.eeas-unison.com .
Above all please respect and support your colleagues who have made the decision to follow UNISON’s and other public sector trade unions democratically reached decision to take industrial action in the form of a strike. We should also remember that we should respect colleagues who make the decision not to take industrial action or may not be affiliated to a trade union.
