TUPE

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Conference
2004 National Black Members' Conference
Date
30 October 2003
Decision
Carried as Amended

Conference is concerned about the problems linked to complaints about racism in the workplace and the delays in addressing those complaints because employers seek to flout their responsibilities under the TUPE regulations.

More public services are being transferred out of local authority control and as a result staff are now finding themselves based in the private sector where the absence of scrutiny has led to an undermining of employer dispute resolution responsibilities under TUPE regulations.

Conference is concerned that particular private employers are isolating black staff who complain about racism by simply choosing to bypass their dispute resolution TUPE undertakings. Employees instead are preferring substitute TUPE responsibilities with their own versions and interpretations of grievance and disciplinary procedures.

This has led to very serious frustrations in advancing discrimination complaints in the workplace, particularly in relation to the observance and adherence of time limits, disclosure of information and ongoing support for members who may be represented by local government branch representatives – frustrated by employers who no longer see the relevance of such branches in private sector organisations.

Apart from the obvious distress this causes to black members, the union’s inability or frustrations at responding to this issue has left the union vulnerable to having members poached away by other unions who do seem, at least in the short term, to be able to respond to the needs of members on the ground.

Conference calls on the National Black Members’ Committee to investigate the extent of this problem by:

1)working with the Local Government Service Group Executive to commission research in relation to dispute resolution concerns where black members have been transferred into private sector companies;

2)producing a report with recommendations based on the findings of the survey;

3)bring forward action plans and motions as a matter of urgency to the relevant conferences in 2004 and 2005.