Tag Archives: EqIA

TUPE TRANSFER WATCH #3: IS IT RACIST (SLIGHT RETURN)?

Further analysis of the Equalities Impact Assessment (EqIA) for the transfer of Bristol City Council cleaners and security to Bristol Waste reveals that over 36 per cent of the staff involved are black, not 34 per cent as we claimed last week. The increase is because we didn’t include groups such as Pakistani and Black Caribbean/White who are underrepresented among cleaners and security.

It is also noteworthy that, despite allegedly running a ‘comprehensive’ consultation with these staff, the council does not know the ethnicity of 42 out of 215 of them. That’s 19.5 per cent of this workforce. This is over double the ‘unknown’ figure for the whole city council workforce, which stands at 9 per cent. Could more work have gone into the council’s ‘comprehensive’ consultation of cleaners and security?

The EqIA is also unfinished. Here’s what we find at the end of the report:

EqIA

Will Bristol City Council go ahead and outsource staff on the basis of an unfinished EqIA and a one page ‘comprehensive’ consultation that fails to state what staff said about the transfer? Is such a set of circumstances even policy compliant?

Meanwhile, the council’s Equality and Inclusion Progress Report 2019-20  tells us ,“a review of our Equality and Diversity Function in 2018 identified that equality impact assessments were often undertaken after, rather than before, service design or service changes have been proposed.”

Nothing’s changed since 2018 then.

Maybe proper EqIA’s are only needed for jazzy management and professional  job changes at Bristol City Council?

TUPE TRANSFER WATCH #2: IS IT RACIST?

HR meeting
The great white masters decide the fate of the black workers

The transfer of Bristol City Council’s lowest paid staff in security and cleaning to Bristol Waste to save the authority a few quid and prop up their cash-strapped waste company looks racist.

 One thing left unexplored by the council’s HR Committee last Thursday was the fact that, at least, 34 per cent of the staff involved are black and many have English as a second language. Although that’s not the full picture as ethnic data on this section of the council’s workforce is incomplete.

 Many observers see this as a text book case of institutional racism as well-paid white male bosses assure councillors that these voiceless staff are happy to be transferred over to Bristol Waste on poorer terms and conditions than the ones the bosses will continue to enjoy.

 Director of Workforce John “Bedwetter” Walsh – who gets by on £122,475 a year plus £20,835 pension contributions – didn’t mention to the HR meeting the make-up of this section of his workforce. Was he embarrassed to admit that he’s forcing one of the lowest paid sections of his workforce with one of the highest numbers of black employees on to second class terms and conditions?

 An Equality Impact Assessment (EqIA) has been produced for a Cabinet meeting on Thursday and it confirms that 34 per cent of this workforce is black as well as showing that data on ethnicity for this section of the workforce is incomplete. The assessment also contains plenty of weasel words that try to excuse management.

 For example, it claims any ‘potentially adverse impacts on people with protected characteristics’ are ‘indirect’. As if poorer terms and conditions do not directly affect those concerned? The EqIA also claims, ‘contractual terms and conditions (including pay and pension) are protected in law, and it would be unlawful for the new employer to seek to change these for any reason connected with the transfer.’

 Then comes the caveat, ‘unless they have a justifiable Economic, Technological or Organisational Reason for doing so’. In other words, Bristol Waste have loopholes on hand to set about attacking these workers’ terms and conditions from the day one.

 The assessment also explains that ‘Non-contractual elements – such as HR policies – would change to those of the new employer, which may be more or less generous than those currently in place’. Why so coy over whether these conditions are more or less generous? The council know. It’s a simple exercise for HR bosses to read Bristol Waste’s HR policies and compare them to their own. Why hasn’t this been done?

 On the question of whether these workers’ existing HR terms and conditions will be protected, we’re told ‘BCC and BWC may secure greater protection of noncontractual terms, subject to this being affordable within the overall business case for the proposal’. In other words, terms and conditions will be traded away on the basis of a mysterious business case that hasn’t been published.

 Last year the council published a worthy ‘Transforming race and equality at BCC’ document to help them tackle their ongoing problems with institutional racism. The report’s recommendations under the heading  ‘Corporate Leadership’ addressing Equality Impact Assessments say, ‘In the event of there being likely disproportionalities in relation to BAME staff, a corporately agreed mechanism should be established to explore the reasons; and to determine whether there may be ways of mitigating against this.’

So where’s Bedwetter’s corporately agreed mechanism exploring the reasons why black staff are being disproportionately affected by an outsourcing plan that’s attempting to save a few quid at the expense of workers’ dignity?