A group of residential care workers backed by UNISON, are today one step closer to fairness after an employment appeal tribunal backed their claim that they were not properly consulted over cuts to their pay, terms and conditions.
In 2010, about 300 care workers at Fullerton House School, for children with learning difficulties, were given a choice – either accept cuts to their working hours, wage freezes and a reduction to their overtime payments, or face redundancies.
Whilst most workers accepted the changes, 198 turned to UNISON for support when it was revealed the employer had not lawfully consulted them about the proposals.
UNISON argued that the Hesley Group, which runs Fullerton House, did not follow the rules for consulting workers on collective redundancies*. This argument was rejected by Sheffield’s employment tribunal, but it has now been ordered to re-examine its decision.
If the second employment tribunal upholds this decision, the care workers will be in line for a payment equal to as much as 90 days of their wages.
Bronwyn McKenna, UNISON assistant general secretary, said: “This case should serve as a reminder to the growing number of employers making plans for collective redundancies, that they must take their responsibilities to staff, and to the law, seriously.
“These low-paid care workers were not properly consulted on plans to cut their pay, hours and overtime. UNISON was determined that the employers were not going to get away with flouting their responsibilities to their hardworking staff.
“We are calling on the employers to drop the expensive legal challenges and resolve this case immediately.”
Notes to editors
Kelly and Jackson v The Hesley Group Ltd UKEAT/0339/12/ZT
* Under law, the change in contracts constituted a break in employment and therefore employers have to follow the rules for consultation around collective redundancies.
The rules for collective redundancies are set out in Section 188 of the Trade Union and Labour Relations (Consolidation) Act.
