Agenda item

Report from the Harrow Unison LG Branch and GMB Harrow Branch.

The Forum received a submission from the Employees’ side in relation to the matters arising from the Equalities Report 2017-18, which had been considered at its last meeting.  The submission at agenda item 8 was considered in conjunction with the response report from the Divisional Director of Strategic Commissioning at agenda item 9.

The Employees’ side presented the joint report.  A representative of Unison read out, in full, with minor variations, the report at agenda item 8, which was appended to the minutes at appendix 1, following which he set out the decision requested as set out below:

-               that the Leader and Opposition Leader provide unequivocal written commitment to the Unions that they would ensure that the rules of the organisation applied equally to all including the most senior levels and that a failure to comply with the rules of the organisation would enact personal consequences at all levels of the employment structure without fear or favour;

-               that the employer, namely Harrow Council, fully endorse and adopt the government’s Taylor review on the modern workplace without reservation.

The Unison representative stated that without these actions, Harrow Council would remain in a time loop with the same old antediluvian culture, which had existed unabated and unimproved for decade upon decade.

The Chair then invited the Management to present their Response Report.  The Head of Employee and Customer Relations introduced the report at agenda item 9 and outlined the following salient points:

-               in relation to the Taylor Review, the Council would comply with agreed recommendations when these were implemented by the government;

-               the issue of contractual overtime, which ought to have ceased for some staff as a result of the Single Status Agreement but had not, was being addressed;

-               the allegation that Peer Reviews over the years had highlighted the appalling management culture within Harrow Council were not correct;

-               the contractual requirements for staff on MG Grades was a standard working week of 36 hours with additional hours, if necessary, to discharge the duties of the post;

-               the number of leavers at the top two pay bands would be low as there were few employees in these senior grades.

A Unison representative referred to page 5, paragraph 3, of the officer’s report as set out on the supplemental agenda, which stated that, in relation to the issue of contractual overtime, there had been no detriment to manual workers.  He challenged this assumption and pointed out that there had been four restructures but that no review of their grades had been undertaken, whilst the management grades had been reviewed and upgraded.

The same Unison representative added that the Ofsted Report had been carried out in 2016 and not 2018 at a cost of £5m.  The representative refuted that the reference to the working hours of staff on MG Grades was incorrect in the report submitted by the Employees’ side, as it also referred to a minimum of 36 working hours.  He noted that honoraria payments were at the discretion of the relevant Chief Officer but pointed out that the majority of the 11.1% MG graded staff who were dismissed left with a ‘settlement’ agreement and their departure could not, therefore, be classified as a dismissal.  He also cited case law relating to ‘Fulton and others v Bear Scotland’ and the issue of overtime in holiday pay which had been brought to the Council’s attention by the Unions.  People working overtime could claim for additional holiday pay.  He pointed out that staff on MG grades should not have been compensated.

Additionally, staff that were made redundant and had been paid overtime (that they might not have been entitled to) would have left with enhanced redundancy payments as redundancy was based on all the hours worked.

He stated that the Council could not continue to make payments that staff were not entitled to.  This issue had been raised by the Unions, initially in 2004, but successive Administrations had ignored it.  Poor management practices had not helped.  The money lost could have been invested in other services.  It was important that the Council recognised the value of lower graded staff that were the ‘backbone’ of the Council.  He requested that the Leader of the Council ensure that the rules were complied with and that they applied to all staff fairly.  He questioned why staff surveys had not been undertaken recently and whether it was because the management and the Administration were concerned that it would result in a ‘critical’ report.

A Council side representative referred to the analogy drawn by the employees’ side about large payments made by football clubs to departing footballers and stated that he did not recognise a similar culture in Harrow in recent times.  With regard to the Taylor Review, he made the following observations:

-               it did not go far enough and it formalised the dependant contractor status;

-               the principle of flexible working was correct but it was not clear how this could be enacted.

He agreed that the rules of the Council should apply equally to all staff, including those at senior levels.  He was confident that the Leader of the position would support his sentiments.  The responsibility of implementing this lay with Head of Paid Service.  He was disappointed that following a review in 2011/12, the issues being considered remained on the agenda.

An Employees’ side representative stated that it was not for the Unions to ‘police’ such issues.  Over a 12-year period, the Unions had written many letters to various officers and Members highlighting the issue of payments made to staff that were not entitled to them.  He referred to the modernising of terms and conditions and pointed out the amount of money that had been wasted due to enhanced redundancies and pensions paid.  He asked for the costs to be identified.

A Council side representative asked about the staff survey, the total costs of the overpayments made and how many reviews had been conducted over the 12-year period.  In response, the Divisional Director of Strategic Commissioning stated that the incoming Chief Executive would be considering whether to commission a staff survey.   He undertook to provide the total costs of overpayments made. 

The Director explained that this issue had been brought to his attention in December 2018 and, since then, a process for resolving the issue had been agreed.  The staff affected were mostly based in the Community Directorate. He asked the Employees’ side representative to send all the past communication sent to managers and Councillors, including the responses received, to him, but assured the Forum that steps had been put in place to resolve the issue.  He undertook to keep them informed.

It was noted that former managers could not be compelled to come back to answer questions.  It was acknowledged that it had been the first time in 12 years that a Director had stepped in to help resolve this issue.

The Head of Employee and Customer Relations responded to questions on redundancy payments and flexible working policies.  He informed the Forum that for redundancy, Harrow paid more than the statutory minimum and he referred to the redundancy calculator available on the intranet.  He explained the Council’s compressed working hours policy allowed staff to reduce the length of their working week.  It allowed employees to work their total number of which contracted week hours (36 hours or less) over a shorter period – 4 days a week or a 9 day a fortnight.

A Council side representative stated that in his capacity as the relevant Portfolio Holder for Finance and Resources, he would raise some of the wide ranging issues raised at the Forum with the incoming Chief Executive.  It was important that managers treated all staff equally.

Resolved to RECOMMEND (unanimously):  to the Portfolio Holder for Strategy, Partnerships, Devolution and Customer Services

That

(1)          the Leader of the Council and the Leader of the Opposition provide unequivocal written commitment to the Unions that they would ensure that the rules of the organisation applied equally to all including those at the most senior levels and that a failure to comply with the rules of the organisation would enact personal consequences at all levels of the employment structure without fear or favour;

(2)          the employer, namely Harrow Council, fully endorse and adopt the final outcomes from the government’s Taylor Review on the modern workplace.

Reason for Recommendation:  To ensure that the rules were applied equally to all staff and that some staff were not affected adversely.