Saturday 1 February 2014

Latest Weather 4

Some readers will be aware that Napo's own tailgunner posted a very long weather report last Tuesday and I must be honest, when I saw it, I glazed over. This is very remiss of me because it's obvious that it contains much important information that all colleagues need to be aware of. So, better late than never as they say, here is the latest weather situation:-

Update from January 13

Notice has been given to trusts terminating their contracts for the provision of Probation services but, as the Report on January 13 hinted, this is now with a termination date at the end of May rather than the end of March.

1. National Agreement on Staff Transfers & Protections:
This is due to be tabled at the National Negotiating Council (NNC) tomorrow for ratification. It no longer contains the Staff Assignment process which was imposed last November. The dates in the Agreement are having to be amended to reflect the move back from April 1st to June 1st. 

2. Future Negotiating & Consultation Structures:
As Trusts disappear, so the Employers side of the NNC will need to be re-constituted as a very minimum. NOMS have now sent the unions a new draft Constitution to consider – essentially just changing the Employers side to reflect the existence of the NPS and the CRCs. But consideration will also need to be given as to whether to have just one negotiating body for both the NPS and the CRCs, or one for each. There are pros and cons with either model. The relative numbers of seats on the union side may change if there were two bodies - depending on membership numbers - Napo/UNISON. Two separate negotiating bodies might seem more likely for two reasons. 


Firstly, much of what will become established terms and conditions in the NPS will not be applicable to the CRCs (see below under Measures). There will need to be harmonisation of many policies with the Civil Service and it will not be possible or appropriate to apply these to the CRCs. There will also be other considerations such as the public sector pay policy which again will not be extended to cover CRCs.
Secondly, it may be dangerous to seek to tie CRCs in with negotiations over pay and conditions where their control was limited. A recent case (Alemo-Herron- v- Parkwood) in the Court of Justice of the EU highlighted the dangers of such a scenario. In that case a transfer to the private sector from a local authority had been conducted under TUPE Regs but the current situation in Probation is thought to be the same. In essence, the CRCs may call foul if they were tied to public sector negotiations in which they had limited say.

However, it must be remembered that all staff will transfer over to the NPS and the CRCs on existing terms and conditions. So even if there were two negotiating bodies at a national level, the starting point for any negotiations would be what was carried over. At least initially, pay for example, would be as is.


A national negotiating body for the NPS would be just that. There will be no local or regional equivalent because it is a national service. In the case of the CRCs, whatever the national negotiating body looks like, there will also need to be JNCs established with each new employer – much as there are now with the Trusts. So in due course new JNC constitutions (probably modelled on what exists now) will need to be agreed and signed. But to do this will require two ‘sides’ , Employers and Staffside and as yet neither exists. On the employers side, there are only CEOs, not yet actually in post. On the union side, the existence of a recognisable Staffside depends on two factors. Firstly whether a CRC is being created out of one or more Trusts. If the former, then there will be the existing JNC Staffside within the Trust which may be a basis. But then, the second critical factor is the split between NPS and CRC, and where the existing union officials at local level end up – which side of the fence. So it's a bit premature to start establishing these negotiating (and consulting) bodies, though it seems prudent to set up some sort of shadow bodies before June 1st - which should be possible in a while.

3.Recognition Agreements:
Linked to the above, new union recognition agreements with the NPS nationally and with CRCs locally will need to be formalised. There is no evidence that the continued recognition of Napo, UNISON and SCOOP/GMB is in any way under threat but nevertheless, this formalisation process will be required. NOMS has provided a draft agreement for the NPS which the unions will need to study. As with the above, signing off these agreements for CRCs, is rather dependant on the two "Sides' of a CRC existing and so this piece of work is unlikely to be possible for some little while yet.


4. Facility Time & also Transitional Arrangements:
The unions have received a draft facilities agreement from NOMS. This will be a matter to be reviewed and revised both nationally and locally. Inevitably it will have to pay at least lip-service (and probably much more) to the Cabinet Office guidelines. But it seems likely that MoJ/NOMS will need to be rather more accommodating than the Guidelines strictly allow in order to achieve their own ends - i.e. the TR Programme. It is to be hoped that there will also be a transitional arrangement to be negotiated with NOMS, since it will be in everyones best interests to have a degree of continuity as Trusts and their staff are split up. It would also seem sensible that, at least whilst CRCs remain in the public sector, there will be some flexibility about member representation as between the NPS and CRCs. This may in part be dependant on the players involved - how amenable the newly appointed CEOs of CRCs and Deputies within NPS are. Any transitional arrangement will need to be negotiated nationally in the first instance - and this discussion hasn't started yet.


5. Staff Commission:
The National Framework on Staff Transfer and Protections commits all parties to "Establishing a Staff Commission to consider issues arising as a direct consequence of the transfer of staff from Probation Trusts to either a CRC or to the NPS" The unions have just received a draft paper from NOMS regarding this. It now has to be discussed and hopefully agreed by the end of March.
Salient features (subject to agreement) : 
Participation is voluntary and the Commission will hear appeals only where both parties locally are content to participate. It is an independent body established to provide a route for dispute resolution. It will not hear appeals against the Staff Assignment Process itself nor appeals against actual assignment. It may hear issues connected with redundancy, alleged detrimental changes, and discrimination to terms and conditions. 


One main reason for setting it up is to avoid issues arising from the transfer escalating to the level of an Employment Tribunal. It's likely to have three members - an independent chair, a member nominated by the TU Side and a member with an employer background nominated by NOMS. The process is likely to follow ACAS guidelines. It will decide whether HR procedures were fairly carried through by the employer on the basis of agreed criteria. The Commission's decision will be binding on all parties and any outcomes would be expected to be implemented swiftly.

6.Interchange Agreement:
As reported on January 13, another commitment achieved through the National Agreement on Staff Transfer is to the development of an Interchange Agreement. Splitting the workforce and having two entirely separate sets of employers can cause havoc in terms of training opportunities, professional development and career advancement. The split may also place staff in roles which are very stressful (probably in the NPS in particular) with increasingly limited opportunities for 'light relief'. These risks to the maintenance of a healthy, efficient and well-trained workforce are recognised by NOMS and this Interchange Agreement is their attempt at moderating these risks. Again, the unions have only just received the first draft to consider. Essentially this looks like a formal secondment system with associated protocols for operation. Further details will be reported in due course.


7. Measures:
Appendix A of the National Agreement on Staff Transfers and Protections is the starting point for considering what Measures will need to be consulted upon both nationally and locally. The introduction explains that consultation must take place (under COSOP). As the new organisations (NPS & CRCs) begin to take shape, these consultations will develop as both consultation and in some instances, negotiation are required with a view to establishing and/or harmonising terms and conditions and policies. Within the NPS there will need to be harmonisation of 35 sets of Trust policies and terms and conditions with those of the Civil Service. Where CRCs are being created out of two, three or four Trusts, there will need to be a harmonisation of two, three or four sets of local policies and terms and conditions. In CRCs being formed effectively out of only one Probation Trust, this exercise will be much more straightforward since no harmonisation exercise will be required.


This second stage of consultations and negotiations relies upon the necessary negotiating and consultation structures being in place (see above). So for CRCs, no actual negotiation on these matters will be possible before June 1st. Some consultation and preparatory work for negotiations may be possible within shadow structures. 

At national level, discussions regarding harmonisation with Civil Service policies and terms and conditions have already begun. NOMS have high hopes of having everything in place ready for 1st June where possible, with early negotiation/ratification wherever necessary soon after June 1st. These are likely to prove unrealistic expectations. Some Civil Service policies to which NOMS are seeking alignment are themselves out of date and in need of review/revision. This adds another dimension to the exercise and will involve the Probation unions in a further set of discussions with the other unions operating within NOMS, e.g. PCS and the POA.

However, as policies are reviewed, they are likely to be forwarded to Trusts for information. Some of this work will be of benefit to union members. So, for example, with the Grievance Procedure. The Civil Service procedure in use already in NOMS is similar to those that most union members will recognise in Probation - except it is better in that unions have a seat on the Appeals Panels. Next to be considered is Discipline and Poor Performance (Capability). This is likely to be far more complex and time consuming. It is too early to say if this will be an improvement of general benefit to staff.

A paper entitled 'Being a Civil Servant' has been developed by NOMS with assistance from the PA and the unions. Not everything you need to know on joining the Civil Service but it should answer a lot of queries. It is currently being finalised by NOMS and should be available to those staff assigned to the NPS very soon.


8. From now until May 31st:
Now that the timetable has been adjusted back to June 1st for the creation of the NPS and the CRCs, more is likely to be done by existing employers (the Trusts). For example, the re-allocation of cases and, from April 1st, the allocation of new cases in a different way using the, as yet incomplete, Risk of Serious Recidivism (RSR) tool. It is possible also that some staff will need to be moved around to accommodate these changes. All of this is properly within the operational remit of employers but any such changes should be consulted upon in advance of implementation and they should also be risk assessed under Health & Safety legislation - Management of Health & Safety at Work Regs. 

9. Train the Trainers - or - Training Trusts in TR (TTT):
A series of events is being held around the country for volunteers who will then return to Trusts to cascade this training down to all staff. This will be done through a series of training and briefing events. The aim is to prepare all staff for the new ways of working and the new organisations themselves. Amongst other things, this will include a whole raft of new operating procedures post-split - case-allocation, risk escalation, breach, parole reports, recall, revocation etc. These have been issued but bear all the hallmarks of hurried preparation. The starting point obviously isn't a good one i.e a large gap between two organisations, which everybody recognises will create additional problems. The new procedures, as solutions, are less than perfect. This is recognised by NOMS and they are subject to change - which is not entirely helpful when the local training is due to start quite shortly.


10. A word on Continuity of Service:

This concept is covered in Part A (A1) of the NNC Handbook.

Continuous Service is relevant in respect of annual leave, sickness payments, maternity leave and the calculation of entitlement to redundancy compensation and the calculation of notice periods.

The last paragraph in this section sums the position up as follows:
"9. ​For the purpose of assessing continuing service, all previous continuous service with any probation board or predecessor committee or any employer where the probation board exercises its discretion shall be aggregated."

This continuity carries across to new employment under COSOP.

The situation becomes a little complicated where staff subsequently change jobs. 
The National Agreement on Staff Transfer and Protections protects this position for a period of seven years, post share sale, for anyone who moves jobs between CRCs or from the NPS to a CRC. It is protected for all staff moving between organisations, in either direction, up to the point of share sale. 


The one exception to this protection is in respect of staff changing jobs and moving from a CRC to the NPS, post share sale. Here, protection cannot be extended because the Ministry of Justice is bound, as all Government Departments are, by additional requirements such as the Constitutional Reform and Governance Act which deals with the recruitment of Civil Servants (e.g. Recruitment Principles regarding Fair and Open Competition) and the MoJ's power are limited to those delegated to it under the Civil Service Management Code. Those powers do not extend to recognising new recruits' continuity of employment with previous, non-Civil Service Bodies. This is a disappointing fact of life but, on the other hand, some of the Civil Service policies, e.g. over maternity leave, are more generous and this will have a compensatory effect under such circumstances. The position in respect of redundancy is unclear since the NPS will need to develop a new policy for Probation staff joining the NPS from Trusts. This should afford the opportunity to establish an improved position.


Weather Report January 30

At the National Negotiating Council yesterday, the National Agreement on Staff Transfers and Protections was ratified. It has been sent out to Trusts under cover of a Joint Secretaries Circular. Similarly with the pay award which has now been accepted. A Circular has gone out to Trusts (in essence 1% cost of living plus a 1% increment for those not at the top of the scale - this for the period April 2013 to March 2014.). It should be possible to have this paid in February, with backdating, but this will depend on local payroll arrangements.

This Report sets out the 'facts' (well mainly) of what is occurring in terms of consultations/negotiations with the Employers and MoJ/NOMS. It does not purport to cover any ther aspects of what is happening regarding TR from a Union perspective.

16 comments:

  1. http://www.coventrytelegraph.net/news/coventry-news/union-anger-warwickshire-mps-vote-6656913

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    1. All six of Warwickshire’s MPs have voted in favour of privatisation plans for the Probation Service – prompting an angry response from union officials.

      MPs recently debated the third reading of The Offender Rehabilitation Bill in the House of Commons which focused on privatisation plans for the Probation Service.

      Conservative Warwickshire MPs Chris White, Dan Byles, Marcus Jones, Mark Pawsey, Nadhim Zahawi and Jeremy Wright all voted to support the government’s privatisation plans – despite the majority having recently met concerned union officials.

      Dave Adams, chair of the Warwickshire branch of probation workers union NAPO, said: “I’m dismayed that MPs for Warwickshire are voting in favour of a bill that will privatise a highly performing local probation trust.

      “I have met with Warwickshire MPs and have advised them of the risks that the government is taking with public safety.

      “The Ministry of Justice’s own risk register identifies that there is an 80 per cent likelihood that public protection will be severely compromised.

      “In addition, Warwickshire Probation Trust’s risk register also identifies a significant risk to operational failure if the government’s plans are allowed to be implemented.

      “People who have committed robbery, domestic violence and other violent offences will be supervised by a fragmented private sector whose main interest will be about making profit for shareholders and about not protecting the public.

      "This untested, untried reform has to be stopped. This isn’t about reducing re-offending, this is an ideological attack on the public sector to allow privateers into the justice system.

      “I call upon Warwickshire MPs to make a public statement so that the people of Warwickshire know why they are failing to support a highly performing local probation trust.”

      Warwickshire County Council recently passed a motion instructing leader, Coun Izzi Seccombe, to write to the Secretary of State Chris Grayling, Warwickshire MPs and Warwickshire police and crime commissioner, Ron Ball, outlining the council’s opposition to the plans.

      Workers fear cuts of up to 30 per cent and believe job losses will be inevitable if the probation service is sold off to a private firm.

      Concerns have also been raised about the supervision of released prisoners.

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  2. I see that the infamous employment tribunal has now been concluded with Napo's former employee at fault, not his employer. The postings on Napo's website makes no mention how much this has cost in members' subscriptions (100,000 plus, perhaps), in addition to the pay-off (a year's salary, I believe) received by their former employee. I know of two colleagues in recent years who because they were subject to disciplinary proceedings were denied previous agreed voluntary redundancy payments. Seems the key variable is where you stand in the echelons.

    On the Tailgunner update, wouldn't it be so refreshing if no one in probation volunteered to Train the Trainers. To boycott such a programme on principle, to say 'No, I don't want to be complicit in a TR propaganda operation. I don't want my colleagues calling me Lord Haw-Haw.' However, I expect there will be no shortage of career-minded, value-free volunteers as the probation value base ain't what it used to be. Anyway, the unions will support such 'transitional arrangements'. At one time it was easier to herd cats than manage independently-minded and professionally-focused probation officers, but now a bark here and there is sufficient to maintain sheepish compliance. And no-one knows that better than the wolves at the MoJ who – let me just stretch my metaphor – merely subcontract to their collies in the Trusts.

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    1. "Employment Tribunal Judgement

      Napo is pleased that the remedy hearing from the employment tribunal judgement has concluded today regarding Napo and one of its former employees. We fully accept the tribunal's decision in their original judgement. As an organisation Napo has been cleared of all allegations of institutional racism, sexism, discrimination and victimisation and it was found to have acted fairly in the way it followed its internal procedures. Three allegations have been upheld against the former employee but these relate to incidents between the former employee and the complainant. However, the judgement makes it clear that neither Napo or its staff were collusive with this. Napo accepts its responsibility for this as the employer and as such has formally apologised to the claimant. Napo takes staff care extremely seriously and has instituted a dignity at work policy."

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    2. Sounds like the former employee known as former employee got a good deal - maybe I should have followed the shit advice given by NAPO when I was in tight spot after all. "You're pretty much bang to rights. Throw your hand in and hope they don't sack you." This being the advice of my union rep. I refused the advice, argued my own case and made my own speech - the malicious serious allegations disappeared and a minor procedural infringement was agreed upon. I received no access to an employment lawyer nor any financial reward for the months of distress, or for the abuse from those who believed in "no smoke without fire", or for the fictions submitted in writing by managers.

      So well done former employee - you shafted the membership at a vital point in time and trousered a few bob at their expense as well. Perhaps you've been advising Grayling in your spare time? Well, a former employee has a living to make and bills to pay, don't they?

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  3. To the point now dominated by a docile . robotic. Oasys loving ie no initiative offender mgt ilk who have piss poor criminology degrees from new universities and are frustrated traffic wardens lets see them moan about whatthe union didnt do wen they have their t and cs slashed

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    1. I could not have said ut better myself. Just not really sure what you said though :(

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    2. I'm newish 10years but i hate oasys. I recognise what you say though. Sometimes probation feels like 'revenge of the school swats'.

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  4. There are a large number of probation staff who really did all they could to oppose this TR mess and will continue to do so. Sadly, there are colleagues who did nothing. Perhaps worst of all, there are a minority of staff who just undermine the efforts of those who continue to work for the greater good and the continuation of our service in the public sector. They should be ashamed but they will not be, instead they are Grayling's minions gradually eroding the rights of the rest of their colleagues by embracing this crap and I'll bet they are easily identified at the train the trainer events. Grayling's Fifth Columnists are in every trust waiting to just undermine us all and implement this unworkable and UNSAFE crap.

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  5. Here we go ......recriminations already ....I think ALL staff are against the TR program as far as I can see, NOT all staff are capable , for many reasons to put up the proverbial fight......some, like me are in an isolated position, so I can't march out the doors or seek support from others in the office ....but I will tell any doubter of my conviction that only time will tell the ways I can make a difference. We are all familiar with the NAPO resistance but remember the french resistance? 70 years later and still stories of (neccessary) quiet heroic deeds.
    So lets keep a sense of reality on the situation - we are still all in the same boat , but some are starboard , others port side - but we are all heading into an uncertain sea...There might be still be chance to take over the bridge and steer another course but remember sometime you need to be in the engine room to stop the ship......NOW i feel a little seasick but please ALL stick together and look out for each other.
    CRC or NPS I wont say , but for me they are equally onerous.

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  6. Train the trainers events are designed to elicit HOW to best make the current shambles work-those who stood outside on the 5th and 6th November stood to be counted, those who stand to attend such events should hitherto be considered 'Vichy'

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  7. The fundamental problem remains the service as been dominated by the corporate, sanctimonious , holy than thou, stupid , generally diploma in probation studies lawn rangers who like to wear name badges and designer glasses who don't even know who they work for now, this is why we are snookered, let them sit I front of the computer all day with their oagres scores and share graphs they make me sick and have widely contributed to the demise of all those with wit, character, humour and generally something about themselves which had generally existed in the service prior to itt becoming awash with these robots ! I don't want to sound a bore ibut they deserve to be shafted by thechanges,

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    1. Troll!!!!!! Please ignore, probably the same person as 16:09.

      PLEASE IGNORE ALL FUTURE POSTINGS!!!!!!!

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    2. Anon 21:27 - I'm afraid you do sound like a bore. There's really no need to be so abusive about your colleagues and I hope, at some point, you feel ashamed of what you've written.

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  8. Anon 21:17.........now who is being sanctimonious!.......Bobbyjoe

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  9. When the TR Omnishambles was supposed to deliver 70% of the service by CRCs , why is the staff split 50/50 ??? Who's to blame for that.....

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