Qs & As Falkirk Council action

Why are you striking?

The council ended negotiations, claiming there was no more funding available. Talks had reached a difficult stage but there were avenues left to explore

The council has consistently failed to provide all the pay data the unions need for negotiations

The council refused the unions' request for conciliation

The council threatened to sack staff who didn't volunteer for pay cuts. When around half of the staff affected refused to sign new contracts the council issued notice of dismissal

The unions commissioned an independent report that found that the new scheme still discriminates on grounds of sex. They shared this with the council and asked for dismissals to be suspended. This was refused.

Aren't you in favour of Equal Pay?

UNISON is campaigning strongly for equal pay.

UNISON rejected the council's equal pay compensation because we felt it was too low

UNISON is running in excess of 10,000 equal pay claims in Scotland, many of which are in the Falkirk area

The problem in Falkirk is that the new scheme does not deliver equal pay. In the absence of proper information from the council the unions commissioned an expert analysis of the council's offer. That analysis confirms the unions suspicion that the new terms and conditions discriminate on grounds of sex.

UNISON used the independent analysis of the Falkirk scheme as the basis of a complaint to the Court of Session. UNISON asked the Court to block the council proposal because it contained discrimination. The Court decided that matters relating to equal pay could only be heard by an employment tribunal.

Don't well off men have to accept some levelling down of their pay? Haven't they had pay discrimination in their favour for years?

The problem with the Falkirk scheme is that it continues existing discrimination and actually adds further levels.

It is true to say that job evaluation leads to changes in pay for both women and men. Some pay rates go up, some go down, and some remain unchanged. Women and men will be found in each of these groups.

How many people are affected by pay cuts?

We estimate that around 400 members of staff - around 12% of the workforce are facing pay cuts.

Haven't most staff already accepted the new contracts?

 No staff had accepted the new contracts before the point when the council sent a letter saying they intended to sack anyone who didn't sign.

After the first dismissal threat was sent around half of staff signed the new contract.

When the council actually issued notices of dismissal a further 25% signed the new contract. These signatures are clearly obtained under unfair pressure

Didn't the unions walk away from negotiations?

 No. The unions concede that negotiations had reached a very difficult stage, but it was the council that left the negotiations, saying they were not going to improve their offer

Why are you refusing to provide emergency cover?

There was no refusal to provide emergency cover. UNISON asked the council to justify its requests for cover and where this was reasonable cover was agreed. Council workers invariably provide important services to the public and some disruption is inevitable. Members often wish to take strike action to back their colleagues. The remedy lies in the Council accepting their responsibilities and returning to meaningful talks with UNISON as soon as possible.

Why aren't you taking strike action against North Lanarkshire Council who are doing the same as Falkirk?

North Lanarkshire are not doing the same as Falkirk. No North Lanarkshire staff have been sacked. North Lanarkshire Council are acting in breach of contract and that matter will be resolved in our favour in the new year.

Isn't this really a ‘political' strike because Falkirk is SNP-controlled and you are Labour affiliated?

Falkirk council are the only Scottish employer to break away from negotiations, refuse conciliation and dismiss all staff. Other employers who behave in a similar way can expect a similar response regardless of their political orientation.

UNISON deals with councils controlled by all parties and none on behalf of its members. What matters to us is the impact on our members, not who the party is.

This is a red herring introduced by Falkirk Council to try and distract attention away from their confrontational and discriminatory tactics. The Leader of the Council has repeatedly denied that staff have been dismissed and professes not to understand what the trade unions want perhaps he needs all the distraction that he can create?

In the past Falkirk UNISON has balloted for strike action against a Labour-controlled council, and demonstrated at Scottish Labour Party Conference (that time over PFI).

Why don't you go down the ET route as you are doing elsewhere?

UNISON is pursuing a number of legal options but many of these remedies take months or years and are only retrospective in effect. UNISON wants to compel the council to come back to talks as early as possible, not in four years after a series of successful tribunal claims. We have again written to the council setting out our concerns and confirming our willingness to talk, but they must recognise that any resolution must resolve continuing discrimination within the pay system.

What are you going to do next?

UNISON along with our colleagues in the GMB and T&G are currently considering further action but as indicated above our first formal action following Mondays strike was to make a further approach to the council to return to the negotiating table. We would hope that realistic discussions could recommence soon but if not we will be pursuing further action both industrial and through the courts. The dismissal of thousands of council employees to impose a discriminatory pay scheme is an outrage and the trade unions cannot and will not allow this behaviour to pass unchallenged. 

Top