The good news is that when your job is transferred from one company to another, you’re protected by a piece of legislation called the Transfer of Undertakings (Protection of Employment) Regulations 2006, or TUPE for short.
The bad news is that lots of stuff: employer pension contributions, childcare voucher schemes, flexible working arrangements, the location of your office; isn’t protected by TUPE.
The good news is that your contractual terms and conditions: pay, holiday entitlement, period of continuous employment; are all protected by TUPE.
The bad news is that any of your protection under TUPE can be overridden if there’s an economic, technical or organisational (ETO) justification, and boy, are the big outsourcing companies good at finding one of those.
If you’re being outsourced then there’s never been a better time to join a trade union.
Back in 2015 we told you about Mrs Windsor’s Geraniums when our mate Phil, a GMB rep at the time, took the Royal Parks gardeners out on strike after they were outsourced to OCS, who promptly found an ETO justification to strip everyone of two weeks pay a year as well as taking liberties with a number of other terms and conditions.
Now, new kids on the block, the United Voices of the World are bringing Royal Parks workers back out. The parks’ cleaners are demanding a living wage, sick pay and a proper holiday entitlement. It should be a matter of national shame that people indirectly employed by the monarch earn a pitiful £8.21 per hour.
Me and Funky Lol caught up with the UVW on their picket line at the University of Greenwich this week.[1] There the café workers have already shamed hospitality outsourcing firm Baxter Storey into paying them a living wage, now they’re demanding sick pay and an end to under-staffing after one chef collapsed and had to be admitted to hospital after an 80-hour week.
But they’re not going to stop there. UVW members, who are mainly migrant workers, women and first time union members and strikers are taking action right across the capital. They include the cleaners at St Mary’s Hospital (Sodhexo), the cleaners, security guards and receptionists at the Ministry of Justice (OCS), the security guards at the University of East London [2], the security guards at St George’s University (Noonan) and the cleaners at 200 Grays Inn Road, home of ITN, ITV and Channel 4.
The UVW know what they’re doing, they’re making the invisible visible, giving a voice to the voiceless, standing up for the very people without whom the city would just grind to a halt.
A change is coming; we know a song about that.
Steve
[1] We might’ve sung them a few songs
[2] A strange twist. The security guards at the University of East London have been taken back in house, but TUPE-ed back to their original employer on their worsened, outsourced contracts.
Steve White & The Protest Family 