Pensions Strike - Frequently Asked Questions

Posted Thu, 10/11/2011 - 12:53 by Ray Oldroyd

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. Some managers are asking staff their intentions; you are under no obligation to respond.
 
Will I lose pay and if so how much?
Employers will deduct pay from those taking strike action, locally BMBC like many other councils deduct on the basis of 1/260th of pay for each day of strike. We have questioned and challenged this in previous disputes but it seems legally acceptable. Teachers are covered by a national agreement on deductions that limits theirs to 1/7th of weekly income (i.e. 365th of annual income) for a single day of strike action.
 
I work shifts – when do I strike?
The strike action runs from midnight to midnight, 24 hours on the 30th November. Shift workers will need to work leading up to the start of the strike action at midnight and commence work from the end of the strike action at midnight.
If any members will encounter transport problems to and form work please contact the Branch for support and assistance.
 
Who can be exempted from the strike action?
It is up to the employer to ask for any exemptions to provide emergency life & limb cover and we will not normally exempt members we have balloted. The general secretary has stated that exemptions are to be kept to an absolute minimum.
 
It is common practice to ensure that staff in the following categories, who may suffer longer term financial loss from strike action, should be allowed to work normally on the day:
 
Pregnant women who have notified their employer of the expected date of birth (unless there is a clear commitment from the employer that the member will not suffer detriment as a result of her taking strike action).
 
Employees currently in their last year of service with their employer who are members of the Local Government Pension Scheme. However, those under threat of redundancy, but without a last day of service will not automatically be exempted.
 
People whose state benefits may be affected if they take part in strike action. - Those members working under 16 hours a week may be entitled to Jobseeker's Allowance (JSA). Someone who is involved in a strike or trade dispute cannot claim JSA. For members who are in receipt of tax credits, an employer can only stop paying tax credits when the period of absence due to strike action exceeds 10 consecutive days on which the employee should have been working. However the claimant must keep their benefits office aware of their circumstances.
 
Branch members in the above categories should request an exemption letter from the Branch Secretary by setting out in which category they claim exemption and providing details of the appropriate date of birth or last day of service. Such requests should be sent in writing or by email to unisonbranchsecretary [at] barnsley [dot] gov [dot] uk or by mail to the Branch Office. Exemption letters should be shown to Official Pickets when entering a picketed workplace.
 
Any member granted an exemption will be asked to donate their days pay to the Branch Hardship Fund
 
I can't afford to strike
UNISON understands your concerns and we know that you are feeling the rough end of the recession right now. However, 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.
 
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. Please contact our Welfare Officer through the Branch Office if you need hardship support.
 
Can I take leave instead of striking?
Taking annual leave on strike days is not regarded as participating in the action and we discourage members from doing so.
 
Can I be disciplined for taking part in the action?
There is 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.
 
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
 
I’ve just joined the union – can I strike?
Yes, members who have joined since the ballot are covered by the strike call and can take part in the action.
 
Who else is striking on the 30th
Some 16 trades unions in the public sector have balloted their members over the Governments plans to worsen Public Sector pensions. The groups of workers covered include Local Government, the National Health Service, Teachers, Civil Servants and many others. The strength of feeling on this issue is so great that groups that are usually reluctant to take industrial action have produced positive strike votes and one group – Head Teachers – who have never been on strike in over 100 years – have voted overwhelmingly to join us on the 30th..
 
What can I do on the day?
On Wednesday 30th November you can:
  • Join the picket line outside your place of work or in the Town Centre
  • Attend the march and rally in Barnsley organised by the Trades Council
  • Come to Sheffield, after the Barnsley rally, to join the Regional rally
 
Full details will be posted soon on this website.
 
We also need volunteers to leaflet both BMBC colleagues and the general public in the week before the strike to inform them what it’s all about. Again, details will be posted here soon. Please don’t hesitate to contact the Branch Office with offers of help or speak to your local Steward or Convenor
In the meantime, please encourage any non-members to join the Branch and support the action.