UNISON-WESTERN ISLES HEALTH BRANCH
FAQS

Why are we striking?

Following the Yes vote in our industrial action ballot, UNISON along with a large number of other unions such as UNITE and the GMB is planning an initial day of strike action on 30 November 2011 in opposition to proposals to change our members' public sector pension schemes.

What stage are negotiations at?

Negotiations are still going on. UNISON is completely committed to making negotiations work - but the government ministers have to be committed to the negotiations too if they are to be successful.

What exactly will the pension changes mean to me (as an individual)?

We know many - but not all - of the changes so we aren't able to answer that in detail yet.

However, changes already announced or implemented will mean most people will be paying more, everyone will be working longer and everyone's pension in retirement will be worth less than it would have been.

We have ready reckoners which help people eligible for the NHS, Local Government or Civil Service Pension Schemes to work out their own position.

Will the strike make the government ministers change their mind?

We certainly hope so and would not call people out to strike if we didn't think so.

We are not a posturing or strike happy union - far from it. Strike action has always been a last resort in trying to force ministers to negotiate more seriously. On the rare occasion that we have gone on strike across the union in the past we have made gains on previous proposals. Although there is never a guarantee of all our demands being met, demonstrating the strength of feeling about our pensions is vital.

I can't afford to strike

UNISON understand your concerns and we know that you are feeling the rough end of the recession right now. But it's important to think about what the proposed pension scheme changes could cost you in extra contributions, and the money you need in retirement to support yourself.

Public service workers have already had to put up a great deal and we are well aware there may be other very pressing difficulties you are being faced with right now on a local or personal level. Government ministers are relying on workers and unions in the public sector being too weak and too scared to put up enough of a fight against this attack on your pensions.

We have to show them that they are wrong.

I'm a frontline worker - what about the clients I work with? They are vulnerable - I can't let them down

Of course we understand this concern.

Most people work in public services because they care about the service users they work with and UNISON is committed to the best possible public services for everyone. There will be emergency cover available (branches have received written advice on this) and the important thing is that it is the employer's responsibility to provide this cover.

The Nursing and Midwifery Council (NMC) has confirmed that taking lawful industrial action is not a breach of nurses' code of conduct.

UNISON believes that the same position applies to all regulated healthcare professions (including the Health Professsions Council and General Pharmaceutical Council) and nothing in the professional codes prevents a registrant from voting for or taking lawful industrial action.

My employer is saying that a one day strike would be seen as a break in service and that my continuity of service would be broken - is this true?

No. During a strike your continuous employment is treated as 'postponed'. This means that the period you were on strike for will not count towards your continuous employment, but it does not break the continuity of your period of employment.

Legal protection for those taking industrial action

Employees are protected from dismissal during the first 12 weeks of any lawful, balloted, official industrial action. During these 12 weeks the protection is absolute. Any dismissal regardless of how long the employee has worked, or their age, is automatically unfair unless a tribunal decides the dismissal was not to do with the industrial action. You should not be threatened with disciplinary action or any adverse impact on your career for taking lawful strike action.

If you do feel you are being pressured or intimidated on this basis you should inform your Branch Officers.

What if I'm on sick leave?

Workers who are absent on sick leave when a stoppage of work starts retain their right to statutory sick pay during the period of industrial action.

If an employee reports sick on the day the action starts, the employer can be expected to make their own judgment as to whether they should be regarded as on sick leave or on strike.

For the purposes of statutory sick pay payable in the eight weeks after a period of strike action, average earnings will reflect the lower earnings during the period leading up to the illness.

What if I take annual leave?

UNISON does not regard anyone who takes annual leave on strike days to be participating in the strike action. If you can, we would like you to postpone your leave so that you can take part in any strike action.

Are my pension contributions affected if I take strike action?

If your employer decides to dock your pay for the day of action, the employers do not have to pay pension contributions during that period and you will not have paid your portion of contribution for that day. The impact on your final pension would be extremely small but you might want to consider replacing the lost contribution.

It is possible, with your employer's agreement, to pay a sum equal to the employee and employer contribution and receive full credit for the day's absence and continue to have full cover. Any member wishing to do this must inform their employer in writing before the absence takes place.

I think I'd be better off under the 'career average' (CARE) scheme so why should I strike?

The change to a CARE scheme is just one proposal and whether it is fair or not will depend on the design of the scheme. However, the change in up rating mechanism for your pension from RPI to CPI will already have cost you around 15% in lost pension income and the additional contributions would mean you paying much more for whatever scheme eventually comes into force.

We don't yet know the final detail of the final scheme changes but the increase in contributions and the change to CPI are already costing our members dear.

Do I have to strike?

As a member of a democratic union we would hope that you would participate in the strike now there has been a vote for strike action. You cannot be forced to do so, but it is part of belonging to a democratic union in which decisions are made collectively.

Do I have to tell my employer if I am going on strike?

No, we will officially inform your employer and they should assume that all members will be striking. It is up to them to ask for any exemptions and to provide emergency cover.

Will I lose pay and if so how much?

If employers decide to deduct pay from those taking strike action, branches are advised to seek agreement at local level for deductions of no more than 1/7th of weekly income (i.e. 365th of annual income) for a single day of strike action. It is essential in these discussions that branches ensure that deductions are pro rata'd for people who work part-time or term-time. Where branches already have existing local agreements on deductions for strike action then we would expect those agreements to be followed by the employer.

There are hardship funds within UNISON that you can apply to. Branches are able to make payments to members to cover extreme hardship in line with guidelines being issued by the National Executive Council. Part of your subscription will have gone into the hardship funds and they are for the exclusive benefit of members.