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WEEKLY INFORMATION FROM THE COMMUNICATION WORKERS UNION
SUMMARY
Attachments or LTB's can be emailed or downloaded from the National Site
Volume 10 Issue 43 Paragraphs 636-647 28 October 2005

SUMMARY
GENERAL
636 Liaison Meetings with CWU Group MPs
637 Headquarters Printing and Reprographic Services
638 CWU Activists can Study to Degree Level at London Metropolitan University
EQUAL OPPORTUNITIES
639 Harassment Complaints Database - Union Policy
640 Sexual Harassment and Sex Discrimination Changes
HEALTH AND SAFETY
641 Hoax email from Kent Ambulance Service HQ Regarding HIV Aids Infection
TELECOMS
642 Telewest - Consumer Install - Pounds Per Point
643 BT Wholesale - 21CN Capacity Planning and Delivery
644 Accenture HR Services - Career Management Structure
645 Restructuring in Node Planning
646 One IT - Operational Integrity Review
POSTAL
647 Royal Mail Uniforms
LETTERS TO BRANCHES
508 27/10/05 Agency Voice - Issue 2 - Sally Bridge
509 27/10/05 Manpower UK Ltd Christmas 2005 Opening - Sally Bridge
510 27/10/05 Embracing the Future - A Guide to BT's 21st Century Network Programme - Brian Healy
511 27/10/05 Romec Engineering and Administrative Grades Pay Review 2005 - Ray Ellis
512 27/10/05 BT Field Services - Xmas Leave Thresholds - Ian Cuthbert
513 28/10/05 POL Cash Service - Future Business Strategy - Andy Furey
514 28/10/05 Lobby of Parliament 16 November 2005 - GS
515 01/11/05 The Acoustic Safety Conference - Dave Joyce
516 01/11/05 Bill Fry - GS
517 01/11/05 Attendance Procedure in Principle Disagreement - Ray Ellis
518 02/11/05 Unit Productivity Bonus Scheme Payments - Dave Ward
519 02/11/05 POL Cash Service - Future Business Strategy - Andy Furey
520 02/11/05 "Your Mail Not For Sale" Campaign - GS
521 02/11/05 Network Engineering Journey (NEJ) - Ian Cuthbert
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GENERAL
636
Liaison Meetings with CWU Group MPs
Meetings with CWU supported MPs have now been arranged for the remainder of 2005 and, for your information, I list below the dates of the meetings and those nominated to attend:
8 November: Beryl Shepherd, John Holmes, Phil Waker, representative from North West Region
13 December: Graham Colk, Andy Kerr, Dave Warren, representative from London Region.
Billy Hayes
General Secretary

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637
Headquarters Printing and Reprographic Services
Branches and Representatives will wish to know that CWU Headquarters have recently acquired new reprographics equipment. The purpose of broadcasting this information is to inform you that we are now able to offer a print service to branches that we believe will be within a price range that you will find competitive. Amongst the services we can provide are colour or black & white posters, leaflets, booklets etc. It is not possible to produce a price list as prices will vary dependent on each individual job based on quantity, timescale, delivery requirements etc. If you would like more information about this service or wish to receive a quote for a particular piece of work then please ring or email Jacquie Winter, Acting Head of Post & Reprographics. 020 8971 7218
jwinter@cwu.org

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638
CWU Activists can Study to Degree Level at London Metropolitan University
CWU activists can now apply to study to degree level with their union.
The Union will support a number of students in a programme of part-time, flexible distance learning which may lead to a certificate in higher education, a diploma or a full degree, which will be provided by London Metropolitan University.
These programmes are designed specifically for trade unionists and full support will be provided for students who are returning to learn for the first time.
The course will lead to a BA in Labour and Trade Union Studies and the following two study paths will be available:
Labour and Trade Union Studies
Applicants for this programme should normally have completed the following CWU courses to meet the requirements:
CWU Advanced Skills 1, 2 and 3 or CWU Branch Officers 1, 2 and 3
It will be an advantage if applicants have completed the CWU Trade Union and Labour studies Further Education Certificate.
Health, Safety, Work, and the Environment
Applicants for this programme should normally have completed the following CWU courses to qualify to meet the requirements:
Health and Safety 1, 2 and 3
It will be an advantage if they have also completed the CWU Occupational Health and Safety Further Education certificate.
The Programme
This programme of study is due to start in February 2006. Depending on student preferences the course may last from 1 to 5 years.
The programme of study will require students to attend a number of short residential block courses each year supplemented by distance learning with tutor support. Residential elements of the course will be undertaken at the Metropolitan University of London and the CWU Education Centre at Alvescot Lodge in Oxfordshire.
Please email: mtodd@cwu.org for an application pack or telephone Maxine Todd on 01993 843373.
The closing date for completed applications will be Friday 25 November 2005.
Trish Lavelle
Head of Education & Training

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EQUAL OPPORTUNITIES
639
Harassment Complaints Database - Union Policy
Branches are again reminded of the need to fill in the Harassment Complaints Database (HCD) Forms, as illustrated in LTB 450/04.
Please ensure that all reps have a copy of LTB 450/04 as it contains useful guidance as well as the form itself. Branches may also find LTB 289/04 useful which contains information on the Harassment Helpline and the Harassment Advice Network as well as the HCD. The completion of the HCD forms is part of our agreement with the Equal Opportunities Commission and is, therefore, CWU policy. (The full agreement can be found in LTB 292/04)
The Equal Opportunities Commission has raised concerns with us regarding the completion rate, which we need to address, otherwise we will fall foul of the agreement. Therefore, please ensure that any complaint raised with branch reps by members that involves possible Harassment should be notified to HQ via these forms.
We appreciate that this will add to an already busy work schedule for those reps that have the responsibility for completing them, but there is no scope for non-compliance. We must accept that this will become an accepted culture in terms of harassment reporting.
The data that will come through to HQ will be vital in enabling us to analyse and identify any obvious patterns where problems exist.
We extend our appreciation to all those branches already complying with the policy and look forward to the co-operation of all Branches in this matter.
Any enquiries regarding this paragraph please contact Michèle Emerson at CWU HQ.

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640
Sexual Harassment and Sex Discrimination Changes
As a result of the changes to the European Union Equality Laws the Government has made changes to the Sex Discrimination Act with effect from October 1st 2005.
Many of the changes are legally complex and the actual effect will not be clear until some cases are heard by the Tribunals and Courts but three changes do need highlighting.
Harassment
Previously sexual harassment was potentially unlawful as detrimental discrimination based on sex. For cases of harassment after October 1st 2005 the Sex Discrimination Act (SDA) actually now specifically covers harassment both "sexual harassment and sex-based harassment". The amendments to the Sex Discrimination Act will expressly prohibit both forms of harassment. The Regulations amending the SDA are worded as follows:

The SDA makes it clear that the gender specific use of terms like 'he' and 'she' or 'him' and 'her' also encompasses the opposite sex of the term used.
We have criticised the government's proposals for a definition of "harassment" and "sexual harassment", suggesting that the language used may not meet the Directive's aim of ensuring that victims were not subjected to unwanted conduct, with the emphasis on the perception of the victim. If any Branch wants a full copy of our submission please let us know.
However, in relation to the difference in types of harassment, the Government describes "harassment" as "unwanted conduct related to a person's sex that is not 'of a sexual nature'". Sexual harassment, by contrast, is described as "unwanted conduct not necessarily related to a person's sex but is 'of a sexual nature'". We hope that all cases of sexual harassment will be covered. At this time the Equal Opportunities Commission have not changed their advice in their Code of Practice.
Indirect Discrimination in Employment and Vocation Training
Indirect Discrimination will now be defined as to whether a provision, criterion or practice "puts or would put women at a particular disadvantage when compared with men". The Government explanation of this is: "This provision recognises that it is not always possible or necessary to use detailed statistical calculations to show particular disadvantage. However, employment tribunals will still need to consider whether a provision, criterion or practice causes disadvantage to a particular group of people and to the individual complainant. Statistics could be helpful in establishing evidence of particular disadvantage; however, such evidence could also come from experts or other witnesses."
Indirect Discrimination, unlike Direct, can be justified and the justification criteria have been changed so that the burden is on the employer to show that the provision, criterion or practice is "a proportionate means of achieving a legitimate aim". The CWU, the Equal Opportunities Commission (EOC) and the TUC raised the argument that this test is weaker than that set out in the Directive, which requires the employer to show that the means of achieving the aim are "appropriate and necessary", rather than "proportionate". The government rejected our submission.
Pregnancy Discrimination
Before October 1st the SDA had not set out explicitly that unfavourable treatment on grounds of pregnancy or maternity leave is unlawful - this has been left to case law. New sections headed "Discrimination on the ground of pregnancy" and "Discrimination on the ground of maternity leave" have now been inserted into the SDA. They make it explicit that women are protected from discrimination on the ground that they are pregnant.
This protection not only applies to employees but also to applicants for employment and people accessing vocational training. The amendments also make it explicit that women are protected from discrimination in relation to their right to maternity leave. This protection applies during both ordinary maternity leave and additional maternity leave, (i.e. both the first 26 weeks and the additional 26 weeks, if taken).
This change does not actually provide for new rights but does make it clearer to, among other people, the employers that pregnant women are protected by sex discrimination legislation.
If a woman wishes to claim that she has been subject to discrimination on the ground that she was pregnant under the SDA or the Employment Protection Act (EPA), she does not need to compare her treatment to that of a male because it is not possible to find a male in comparable circumstances (i.e. a male who was pregnant). Discrimination related to taking maternity leave can also occur without a male comparator because it is not possible to find a male in comparable circumstances, (i.e. a male having exercised a right to maternity leave). So, for example, a woman would not need a male comparator if she was claiming that she was not being given access to vocational training because she had suffered from a pregnancy-related illness or in a case where whilst on maternity leave she had not received a pay rise to which she would have been entitled if she were at work.
The special protection for pregnancy-related discrimination ends when a woman's right to statutory leave ends. At that point, she would have to compare her unfavourable treatment with the treatment of a real or hypothetical man in similar circumstances.
Other Changes
A number of other changes were made to the SDA. Some changes were made with effect from October 1st whilst others are due to be implemented in future. For a full explanation of the changes you can contact us or the government's Women and Equality Unit (web address: www.womenandequalityunit.gov.uk/index.htm) For a copy of our submission please contact the Equality Department.
Any enquiries on the above should be addressed to Michèle Emerson, Assistant Secretary, quoting reference No. 2.15

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HEALTH AND SAFETY
641
Hoax email from Kent Ambulance Service HQ Regarding HIV Aids Infection
A number of concerned Members, Safety Reps and Branches have contacted CWU Headquarters Health and Safety Dept in relation to an email which claims to be a "serious message" originating from the Kent Ambulance Service Headquarters and various other sources in relation to cinema-goers being maliciously infected with HIV Aids. The email claims several reports have been received from across the country at the Birmingham Centre for Disease Control that cinema seats have been "booby trapped" with Aids infected hypodermic needles on which members of the public have fallen foul, and that these needles are accompanied by a note telling the victim that they have been infected. The email message goes on to say that HIV infected needle booby traps have also been found in payphone coin returns slots and coke machine slots.
Having investigated the claimed source of the message and various authorities mentioned within this message we have confirmed it to be a malicious "spoof" which has led to a totally unnecessary waste of time and resources of the Emergency Services due to the hoaxers pursuing official Organisations' names and phone numbers.
Would all those who have contacted the HS&E Dept in relation to this hoax please accept this as a reply and ensure that this message is passed on and not the spoof.
Finally, of course members should follow the normally recognised procedures and SSOWs where any risk of infection exists and report any problems in the normal way.
All enquiries concerning the above should be addressed to Dave Joyce National Health, Safety & Environment Officer quoting ref P9.

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TELECOMS
642
Telewest - Consumer Install - Pounds Per Point
Telewest has notified the Union of their launch of what, it must be stressed, is a voluntary scheme and is not a permanent change to terms and conditions of employment.
A small group of high performing technicians, particularly those that do not work overtime at the end of the day but complete their daily allocation within the allotted time, have been given the opportunity to earn extra income. This small group of technicians have a completion rate in excess of 93.5%.
It is intended that the principle to apply will be that of earning points for extra work completed within conditioned hours or for working a rostered day off.
Notwithstanding the inappropriate short consultation notice, the Union has raised the following with the company with regard to what the Union understands are the details of the scheme.
Individuals volunteering to take part in the scheme by working their RDO will only receive payment for work completed. No other form of payment will apply. At present - and this is the subject of further clarification - there is an area of concern as to when and how accident at work and claims for industrial injury will be processed by the Department of Social Security. Previous statements suggested that only claims by an employee in paid conditioned hours or working paid overtime were considered as acceptable to be processed by the Department of Social Services.
The issue of how, for example, hours are recorded in excess of conditioned hours has been raised, in particular when working RDOs has been raised. In response the Company has stated that all Team Managers have now been issued with a complete set of guidelines to ensure work and hours (for working time governance) are accurately recorded. When this documentation is received it will be shared with Branches.
Finally, the Union has raised the issue of when additional work is encountered and the discretionary element of the Team Manager to award additional points. The view put to the company is that it is either additional work or it is not and that all additional work should be captured and rewarded. In response the company has stated that this scheme already works for contract staff and the experience learnt from this will be used to ensure that no issues arise.
Although early days, management has indicated that 50% of the potential group have volunteered. The Executive will be monitoring this as it is due for review at the end of the year. In the meanwhile, Branches and Union site representatives are invited to provide feedback on issues arising.
Attached is an internal briefing for Team Managers to use with their teams.
Brian Healy
Assistant Secretary
Attachment

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643
BT Wholesale - 21CN Capacity Planning and Delivery
The intended structure of the 21CN Capacity Planning and Delivery Unit was announced to Branches in Branch Officials Bulletin No. 27/2005, paragraph 501.
With the announcement of the intention to run a Zero Based Budgeting (ZBB) review of the unit in light of the creation of the new Network Planning and Operations Unit, the October implementation date is now on hold.
Attached for the information of Branches is a copy of the internal notice released to affected members.
Brian Healy
Assistant Secretary
Attachment

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644
Accenture HR Services - Career Management Structure
As previously reported on the alignment of the Career Management Structure to that of Accenture Services, attached for the information of Branches is a copy of an internal management briefing on the matter.
The realignment into/with the Accenture Services structure has no impact on overall grading and salary.
Brian Healy
Assistant Secretary
Attachment

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645
Restructuring in Node Planning
Branches were previously notified that ND&I were planning to restructure. One of the units is Node Planning and they have held a number of workshops with both managers and non-managers to identify issues and solutions with regard to the current delivery structure.
The proposed new structure is contained within the attachment which is a copy of an internal management briefing. The roles are being filled by lift and shift, with some development opportunities. There is no formal appointments process with the new unit being made up of approximately 76 managers and 330 team members.
Brian Healy
Assistant Secretary
Attachment

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646
One IT - Operational Integrity Review
Further detail has been received on the outcome of the review which was intended to deliver staffing reductions.
Two of the elements that may or could affect CWU grades were the organisational and third party sourcing elements.
On the organisational aspects it was proposed that there would be the cessation of 13 functions/posts on shift working in Data Centre and Bridge Operations. The third party/remote sourcing aspects were with regard to the ceasing of 20 contractors jobs and were to be implemented in line with the agreement between BT and Connect.
Following further discussions with the company, the Executive put forward its concern and objections to the manner in which the company had announced its intentions and how it intended to proceed as well as the viability of two-person shifts as opposed to three-persons as a result of the cuts.
After discussion, management agreed to withdraw their proposed intention. A solution has been found using a mixture of Newstart, closing of open vacancies, cessation of agency use and withdrawing direct labour from the bench to find the required savings.
In addition, the review savings were to be achieved by the organisational delivery moving from 11 to 5 layers of reporting and the cessation of 49 agency (mixture of Connect and CWU work). To date, 99 people have been moved to the bench of which 19 are CWU grades. In terms of monitoring the duration of time spent by CWU grades on 'the bench' it is agreed that a two-month review would be put in place. So far, only one CWU grade has been affected by the two-month trigger.
Brian Healy
Assistant Secretary

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POSTAL
647
Royal Mail Uniforms
The attached correspondence has been exchanged and is publicised for the information of branches.
Any enquiries to Bob Gibson's Department quoting reference, 500
Attachment

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