Unite claims hospital’s ‘sign or be sacked' approach is unlawful
Northampton General Hospital (NGH) NHS Trust, faces a legal injunction over their use of agency staff to cover biomedical employees taking industrial action.
Unite the union, who filed the proceedings with the Administrative Court, said the hospital was in breach of regulations under The Conduct of Employment Agencies and Employment Businesses Regulations 2003.
Under the regulations, an employment business is forbidden to supply “work-seekers” to perform the duties of striking staff.
The injunction comes on the 22nd day of a ‘lock out’, as 78 biomedical scientists and support staff dispute proposed changes to their contract arrangements.
In a statement released yesterday, NGH said it had been “forced to source alternative labour in order to maintain the provision and quality of pathology services within the trust.”
“The trust is disappointed that Unite has decided to take this legal action and is currently considering its response to the application, but the trust will vigorously defend its right to continue to provide the pathology service via lawful means,” the statement read.
The union claims that employees’ face a £6,000 pay cut and a doubling in their night time shift patterns, under the proposals from the NHS, and have been “locked out” of work for nearly a month refusing the terms.
“Under no circumstances should NGH’s bullying and intimidatory tactics signal a new era of aggressive employee relations in the government’s newly privatised NHS,” said Len McCluskey, general secretary of Unite.
“We’re witnessing the first ever instance of union-busting in the NHS. NGH’s callous attempts to starve our members into signing new contracts on significantly worse terms are scandalous and must not become a precedent in the NHS.”
Dr Sonia Swart, chief executive of NGH said the aim of the new proposals “was to bring their [pathologists’] working arrangements in line with national terms and conditions and, at the same time, ensure equity with other staff within the trust.”
“Ultimately, it would be wrong of me or the board not to ensure that we use taxpayers’ money wisely or to reward some groups more generously than others for the work that is done during ‘unsocial’ hours,” she said.
“The trust recognises that, for some staff, the proposed changes will lead to a reduction in overall salary. Some will have an increase. All who would experience a reduction in overall salary were offered to have their pay and the status of their position protected for 12 months. No posts will be down-graded or removed,” the hospital concluded.
The injunction is expected to be heard by the Administrative Court in London on Friday 18 July.