Not in Our Name

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Conference
2022 National Delegate Conference
Date
22 February 2022
Decision
Carried

Conference is concerned about the impact resolutions agreed at a meeting of UNISON’s National Executive Council on 6 October 2021 have had, and could have, on our union and our members.

These resolutions were added to the agenda despite advice from the legal department that four of these resolutions were in breach of UNISON rules, potentially unlawful and could bring our union into disrepute.

At the meeting the National Executive Council received further internal and external legal advice warning that these resolutions were beyond the remit of the National Executive Council. The National Executive Council were advised that as the resolutions changed UNISON’s rules, they could only be agreed by a two thirds majority of the union’s sovereign body, that is, National Delegate Conference.

Despite this advice the resolutions were passed by a simple majority of the National Executive Council.

Conference is further concerned that at subsequent meetings, despite further external legal advice that at least two of the resolutions were either potentially unlawful or a breach of UNISON rules, the National Executive Council again voted to pass and implement the resolutions with only slight changes to the wording.

Conference notes that some members of the National Executive Council have made statements condemning these resolutions. We recognise the concerns they have raised as these resolutions put all our members in a difficult position and, in particular, could potentially have a negative impact on the rights of disabled members in UNISON.

Public sector workers are held to extremely high standards and any member associated with something which could be deemed unlawful could find themselves subject to disciplinary procedures at work. Additionally employers, whether in the public, private or community and voluntary sector, may feel the need to reconsider recognition agreements with a union that is perceived as potentially behaving unlawfully or unfairly towards its own members. This would leave our members without representation in the workplace.

Despite the slightly change of wording to the resolutions the aims, whether intended or not, of the resolutions still appear to be to:

1)Remove the majority of the powers that are delegated to the General Secretary;

2)Allow the Presidential Team or the National Executive Council to bypass UNISON’s legal department when seeking legal advice;

3)Give the Presidential Team and some other members of the National Executive Council additional powers in relation to disciplinary and suspension issues;

4)Allow members dismissed by their employers to retain the rights of full membership of UNISON, including the right to hold elected office, even if they have been found to have committed a serious offence or gross misconduct, including acts of discrimination or bullying and harassment.

Conference notes that during the National Executive Council debate on 6 October 2021 it was confirmed that the right to remain a member and hold elected positions would not apply to retired members, and this is in line with the rule book. Disabled members who are medically retired do not have the right to choose between becoming a retired member or an unemployed member even if they could potentially get a different job at some point in the future.

This means that a disabled member, dismissed on the grounds of capability, who is given medical retirement is not allowed to retain full membership rights or to hold elected positions as they are only able to become a retired member.

A non-disabled member who has been dismissed for misconduct should not be treated more favourably than a disabled member forced to take medical retirement. This could also be very damaging to UNISON’s reputation as a union that has led the fight for equality and is committed to supporting people from under-represented groups.

Conference is further concerned about the impact these resolutions could have on members who do not hold elected positions. If members are involved in a dispute in the workplace both have the right to the same level of support and representation from UNISON. If two or more members are on different sides of a dispute in the workplace then it is not UNISON’s responsibility to decide on the merits of the case or to decide who is right or wrong. UNISON’s role in these situations is to provide support and representation to all those involved without taking sides or trying to influence the outcome of the case in any way.

By treating members with elected positions more favourably than those who don’t hold these positions UNISON could be seen as sending out a message that some members are more important, have more standing and influence, and will receive better representation than others. We know that disabled members are less likely to hold elected positions so the perception of different classes of membership could leave disabled members feeling undervalued and unwelcome in our union.

All UNISON conferences, including National Delegate Conference, have a duty to follow and uphold our rules and procedures which have been established over many years. It is also important that we support the status of our democratically elected General Secretary.

Conference notes that only National Delegate Conference can change UNISON’s rules. As the resolutions passed by the National Executive Council on 6 October 2021 effectively changed UNISON’s rules, conference cannot support them. Conference instructs the National Executive Council to:

a)Reverse all changes that have been implemented as a result of the resolutions passed by the National Executive Council on 6 October 2021 and commit to not implementing these or similar resolutions in the future without the support of a two-thirds majority at National Delegate Conference;

b)Commit to bringing any future resolutions which are, or which could be perceived to be, rule changes to National Delegate Conference for a full debate by delegates before they are implemented;

c)Write to all UNISON service group executives, national self-organised groups and other national committees to confirm that in the future the National Executive Council will always bring resolutions that are, or could be perceived to be, rule changes to National Delegate Conference;

d)Contact all regional disabled members groups to reassure them of the National Executive Council’s support for self organisation and to commit to opposing any action that treats, or could be seen to treat, non disabled members more favourably than disabled members;

e)Write to the General Secretary, Assistant General Secretary with responsibility for equalities and the National Secretary for Equalities to seek assurance that the Equality Liaison Committee will be included in the annual National Executive Council meetings schedule so that future concerns can be raised directly with the chairs of National Executive Council’s strategic committees in a timely manner.