Healthcare staff in Northamptonshire balloted for strike action

Health Care Support Workers (HCSWs) at Northampton General Hospital NHS Trust and Kettering General Hospital Foundation NHS Trust to be balloted for strike action.

Following an incredible show of support from HCSW (HCAs, MSWs & TSWs) UNISON members at Northampton General Hospital & Kettering General Hospital – where over 94.5% supported UNISON’s call to escalate our dispute with the University Hospitals of Northamptonshire Group (UHN) – we can confirm we have now issued both Trusts formal notice to commence an industrial action ballot.

Ballot papers will be posted to members’ home addresses on Friday 12 April 2024. The ballot will close on Friday 17 May 2024 and results will be shared on the same day. Please ensure you post your ballot ASAP, so it gets back to us before the ballot closes.

If you do not receive a ballot paper and believe you should have done, details of what to do are contained in the enclosed Frequently Asked Questions. This also addresses a wide range of enquiries we’ve received from members about the ballot and will be updated throughout the ballot period.

We are fighting for:

All Band 2 HCSWs (HCAs, MSWs, and TSWs) to be regraded to Band 3 if they are regularly doing ANY clinical duties.

Backpay dated to 1 April 2018 factoring in all additional hours, unsocial hours, shift premiums, and relevant tax adjustments.

The above regrading and backpay to be applied to Bank staff and former Band 2 HCSWs (HCAs, MSWs, and TSWs).

UHN are currently offering no back pay and have not included all HCSW staff in their rebanding, which has caused widespread anger among the workforce.

To achieve our campaign objectives and deliver the pay justice you deserve, we need your support for Strike Action and Action Short of Strike (work to rule i.e. follow your job description only).

WHEN YOUR BALLOT ARRIVES – PLEASE USE YOUR VOTE: UNISON RECOMMENDS YOU VOTE “YES” ON BOTH QUESTIONS.

Do not settle for less, stand by your colleagues, send a clear message to UHN and support your union.

PAY FAIR FOR PATIENT CARE
Industrial Action Ballot FAQS

How do I vote?
You must vote using your postal ballot which will be delivered to your home address. Respond to both questions by putting a cross “X” next to either YES or NO (UNISON recommends you vote YES to both). Place your ballot paper in the return envelope and post it in your nearest post box as soon as you can.

When should I expect to receive my ballot paper?
Ballot papers are being sent out by 1st class post to members’ home addresses on 12 April 2024. So, you should expect to receive your ballot paper in the few days following this date.

Why should I vote YES?
UNISON recommends you vote YES to both questions in order to put pressure on UHN to offer an acceptable deal. You and your colleagues deserve better than UHN’s current bog-standard, bargain basement deal.

What is wrong with the UHN deal?
UHN are not yet offering back pay. In other Trusts across the country (Manchester NHS Foundation Trust, Wigan, Wrightington & Leigh NHS Foundation Trust, Stockport NHS Foundation Trust, Pennine Care Foundation NHS Trust, Tameside and Glossop Integrated NHS Foundation Trust, Northern Care Alliance NHS Foundation Trust, Greater Manchester Mental Health NHS Foundation Trust, East Cheshire NHS Trust, Mid Cheshire Hospitals NHS Foundation Trust, Warrington and Halton NHS Trust, Wirral University Teaching Hospital NHS Foundation Trust), HCSWs have won 5-6 years of backpay. HCSWs in NGH & KGH are worth every bit as much as those in other parts of England. You and your colleagues shouldn’t settle for less.

UHN made the decision without agreement from UNISON to shut down negotiations and impose their deal. This is not only unacceptable, but it also breaches legal recognition terms that UNISON has with the Trusts. This is a dangerous moment, if UHN are allowed to get away with this, they will believe they can change other terms & conditions at will. The Trusts need to get back round the table and agree a reasonable solution with UNISON and its members.

UHN’s deal says nothing about former Band 2 HCAs, MSWs, or TSWs and only appears to apply to current HCSWs. UNISON believes former Band 2 HCSWs deserve backpay for all the Band 3 work they’ve done and haven’t been paid for.

Some HCSWs haven’t been offered re-banding. The Trusts have taken this decision without UNISON’s input. UNISON’s survey showed the vast majority of HCSWs were doing Band 3 duties. UNISON believes any Band 2 HCSWs regularly doing ANY Clinical Duties (even if it’s just 1!) should be regraded to Band 3. The Trusts need to get back round the negotiation table and allow UNISON and its members have their say over these decisions.

What if I don’t want to take industrial action?
If you don’t wish to take industrial action and are willing to accept UHN’s offer, you should vote no. It’s important that everyone has their say and has their voice heard. UNISON is a democratic organisation and is led by the wishes of its members.

Why is it a postal ballot?
Due to unfair trade union laws in the UK designed to limit workers’ ability to demand better wages and conditions, all formal industrial action ballots have to be postal only. If we could legally do it via any other method (e.g. via text message, email, or online) we would. But unfortunately existing legislation prevents us from doing so.

I haven’t received my ballot paper
Please contact our ballot hotline ASAP via Telephone 0115 8475479 or Email: e.rms@unison.co.uk. The ballot hotline will open on 19 April 2024 and close at 12 noon on 10 May 2024. No new or replacement ballots will be sent out after this date.

My ballot paper is damaged
Please contact our ballot hotline ASAP via Telephone 0115 8475479 or Email: e.rms@unison.co.uk. The ballot hotline will close at 12 noon on 10 May 2024. No new or replacement ballots will be sent out after this date.

I’ve lost my ballot paper
Please contact our ballot hotline ASAP via Telephone 0115 8475479 or Email: e.rms@unison.co.uk. The ballot hotline will close at 12 noon on 10 May 2024. No new or replacement ballots will be sent out after this date.

My ballot papers didn’t include a return envelope
Please contact our ballot hotline ASAP via Telephone 0115 8475479 or Email: e.rms@unison.co.uk. The ballot hotline will close at 12 noon on 10 May 2024. No new or replacement ballots will be sent out after this date.

Am I eligible to vote?
Members who are eligible to vote are specified as follows: Any Band 2 Healthcare Assistant, Maternity Support Worker and Theatre Support Worker who is a UNISON member working for NGH or KGH (including bank staff). Any former Band 2 Healthcare Assistant, Maternity Support Worker and Theatre Support Worker who is a UNISON member working for UHN and undertook these roles during the period April 2018 to present (including bank staff).

Can bank staff vote and take industrial action?
Yes. Bank staff are a central part of this dispute and UNISON’s claim.

Can former Band 2 Healthcare Assistants, Maternity Support Workers, and Theatre Support Workers vote and take industrial action?
Yes. former Band 2 Healthcare Assistants, Maternity Support Workers, and Theatre Support Workers are a central part of this dispute and UNISON’s claim.

When do I need to return my ballot?
As soon as you can. Try to vote and post your ballot paper back to us on the same day that you receive it. The deadline for us to receive your ballot paper is 10am Friday 17 May 2024. But remember you’ll need to post it before then to give it enough time to reach us.

Can I vote if I’m not a UNISON member?
No. However, you can join UNISON to have your say. Join online here: https://join.unison.org.uk/ and contact our ballot hotline via Telephone 0115 8475479 or Email: e.rms@unison.co.uk by 12 noon on 10 May 2024 quoting your membership number to request a ballot paper.

Can I vote if I have only recently joined UNISON?
Yes. If you haven’t received a ballot paper, please contact our ballot hotline via Telephone 0115 8475479 or Email: e.rms@unison.co.uk.

What about the offer letters that UHN has sent out?
We understand that UHN has issued offer letters for their bog-standard Band 3 deal. Due to the Trusts not working in partnership with UNISON and others, we do not know exactly how many HCSWs have received these letters and what the selection criteria has been.

If you are an HCSW that wants to be graded to Band 3 and have received one of these offer letters, UNISON’s advice is do nothing, you do not need to respond. UNISON welcomes and indeed we proposed re-banding to Band 3 for all HCAs, MSWs & TSWs. Our dispute is about backpay and the need for negotiation in-line with collective bargaining protocols, among other things. While we are of course opposed to the Trusts’ imposed backpay deal, UNISON does not believe that any re-banding and backpay administered by UHN now, changes our dispute. You would NOT be prevented from participating in this ballot or taking strike action. So please still use your vote, continue to support our campaign, and fight for a backpay deal you deserve.

If you are a Band 2 HCSW, regularly performing Band 3 tasks and you have not received one of these offer letters from the Trusts, firstly email us and let us know on p.eastmidlands@unison.co.uk and secondly please use your vote when ballots are sent out.

What is strike action?
Strike action is where a group of workers refuse to work for a defined period of time. Workers taking strike action either don’t turn-up for work or walk out of work at a set time. Striking workers generally join a picket line outside their workplace to increase awareness and support for their cause.

What is action short of strike?
For this dispute, action short of strike will take the form of refusal by current Band 2 Healthcare Assistants, Theatre Support Workers, and Maternity Support Workers (including bank staff) to conduct any duties expected of Band 3 staff, as well as a ban on accepting bank shifts for staff who hold a substantive post.

Does industrial action work (or the credible threat of it) and result in better deals for workers?
Yes. In areas where HCSW’s have voted to take industrial action to demand a better deal they have forced the employer to reconsider and have won 5-6 years backpay. This has happened in places like Warrington and Halton, Wirral, and Mid-Cheshire.

When will industrial action take place?
First, we need to win a mandate to take industrial action. To do this, you need to vote, so please post your completed ballot paper as soon as you can.

Once we have a mandate to take industrial action, the HCSW-led campaign committee will meet together with UNISON officials to determine when industrial action will take place.

What form will our industrial action take? Will it be strike action or action short of strike?
First, we need to win a mandate to take industrial action. To do this, you need to vote, so please post your completed ballot paper as soon as you can.

Once we have a mandate to take industrial action, the HCSW-led campaign committee will meet together with UNISON officials to determine what form of industrial action will be taken.

Will there be picket lines?
First, we need to win a mandate to take industrial action. To do this, you need to vote, so please post your completed ballot paper as soon as you can.

Once we have a mandate to take industrial action and have agreed the form that industrial action will take, locations of picket lines will be shared with UNISON members.

It is crucial that as many people attend picket lines as possible. People who are scheduled to be shift and are taking strike action should join the picket. Staff on their day off can come and join the picket line as soon as it starts to support their striking colleagues. And any friends, family members, and other staff on their day off can join the picket line. The more people there, the stronger we are!

Will I get paid for the days I am on strike?
A day of strike is classed as an unauthorised absence and therefore you will not be paid by UHN. However, you will be able to claim strike pay from UNISON. Strike pay cannot exceed normal take-home pay. Strike pay is set at a minimum of £50 per day, which we can and will request of our National Executive to be increased. We are working to organise an additional hardship fund for those members in exceptional circumstances. More information will be released on this at a later date.

Will I get in trouble for going on strike – Is striking a breach of contract?
Almost all effective industrial action is a breach of your contract of employment. However, UNISON will only ask you to strike after a lawful statutory ballot. The law protects workers from dismissal while taking part in lawful industrial action at any time within 12 weeks of the start of action. Depending on the circumstances, dismissal may also be unfair if it takes place later.

Do I need to tell my manager that I’m voting in the ballot?
No. You are under no obligation to inform anyone that you are voting or that you intend to take strike action.

What about patient safety?
NGH & KGH Trust leaders have forced you into this position by refusing to offer a fair deal, despite having numerous opportunities to listen to you and do the right thing. Patient safety is ultimately their responsibility. Don’t let the UHN Group exploit your goodwill anymore.

The Trusts have failed to consider patient safety by refusing to pay you properly for years which has resulted in many HCSWs leaving NGH & KGH, which has left many wards understaffed. The Trusts have continued to fail to consider this, as well as their ability to recruit HCSWs, when offering this bargain basement deal.

UNISON would never ask its members to take industrial action that would endanger life or could cause serious bodily injury.

The Trusts says there isn’t enough money to pay 5-6 years backpay
For years the Trusts have knowingly and wantonly allowed you to perform Band 3 tasks which you are not being paid properly for. They have deprioritised your wages in order to make savings and cuts. Now that they are being called out on this, they are trying to get away with not properly reimbursing you. Don’t let them get away with it. Other Trusts have found the money, UHN needs to do the same.

Is it illegal for me to take industrial action?
Absolutely not. UK workers have a legal right to withdraw their labour and to take industrial action.