Monthly Archives: September 2019

Rotten Comrades: Unfair Dismissal Appeals and Other Problems For Our Class


By The Dwarf

It is commonly recognised that appeals to government bodies very often help. As a rule of thumb I would say appealing loss of benefit or a parking ticket should give you around a fifty-fifty chance (should you have some sort of excuse), so you may as well have a punt. I say usually, that is if you appeal anywhere else but at Bristol City Council where properly mandated, democratically elected bodies no longer seem to be able to action their decisions. We’ve seen this recently with the special education needs appeals but we also see it in both Councillor and Mayoral inability to control council officers.

Controlling council officers is a political problem because, for reasons of national policy, council officers have the right to (effectively) water down possibly loony council decision-making. Sort of. Essentially. So it is quite hard for the Mayor to sack someone if there is a democratic decision to do something and nobody puts that into action properly. This decentralised style of administration trickles down further to organisations such as local authority controlled schools who have the right to do whatever they damn well please while being funded by us.

So, when a struggling single mother with a handful of a child (perhaps with profound learning difficulties) wins her appeal to have a better specialist education for her child, the school refuses to obey the decision, making the whole process a hopeless waste of time. What then happens, the appeals team try and gauge what the school will accept before giving up and making some sort of feeble, virtue-signalling non-decision.

“So, Brother D,” you might ask – “what has this got to do with the unions?” Well, I’m glad you asked. First off, this is about class, both for struggling mums and dads in an uncaring society, but also about having a functioning, municipal democracy. And secondly, this trickle down of irresponsibility and intransigence is affecting the staff too.

The appeals committee which hears dismissal appeals from our staff, has for some time given up trying to reinstate staff who are innocent or who are naughty but don’t quite deserve sacking; but do deserve to be given a kick up the backside before being told to get back to work. I’m not saying the odd one or two haven’t charmed their way out of the ‘long walk’, but the majority haven’t, in my and the other comrades’ experience. I used to be quite happy, back in the day, making the usual ritual protest while the member got the dressing down of their lives, taking comfort in the fact that we’ve managed to avoid another walk of shame to the dole office (or worse). But HR (you know the weaponised, smiling assassins I wrote about last time) now make it clear such actions are impossible.

Since then, the kindly old gentleman chairman, firebrand eco-warrior and old class warrior we normally get invited to address, offer the staff member a nice cup of tea, a bit of sympathy and a biscuit, before tapping the member on the shoulder and showing him the door. I preferred the kick up the arse and reinstatement.

More recently, the tea and biscuits have also gone.

Which makes the whole process a complete, bollocking, waste of time, because we then go off and win a tribunal. The point of the appeal is to set right unfair dismissals: they should consider the matter with open minds and bravely overrule, if that is the just decision, regardless of the pressure from HR. It does beg the question what sort of feedback auditing there is to the committee so that it can review how well it has done.

There is more to say about HR and its militant strategy of getting people out the door regardless of the settlement cost, and just how motivated they are in doing this, but I’ll leave it to next time.

Solidarity,
Brother D