Brighton SolFed

The Lindsey Oil Refinery strike – in which over 800 workers participated in unauthorised (wildcat) work stoppages lasting over a week, with thousands more power plant workers showing their solidarity across the country – will probably be remembered as a “xenophobic” strike which called for “British Jobs for British Workers”. But what politicians of all parties and the majority of the media have failed to report, however, is that the message coming from the striking workers has been that it is not about race, and that they do not object to foreign workers. In fact, Lindsey workers were angered because they felt they didn’t have a chance to get these jobs and they saw the new contract, awarded to IREM, an Italian company, as an attack on the National Agreement for the Engineering and Construction Industry (NAECI).

Local workers - who had previously done the work - were served a 90 day redundancy notice in mid November that expired on Feburary 17th. When IREM declared that it would only use its Italian and Portuguese workforce, workers took it to be yet another attempt by their employer to dismantle the NAECI. The entire onsite workforce voted to take immediate unofficial strike action. Both Total, who own the refinery, and IREM have said that the Italians will be paid the same as local workers - but this claim is contested and the Italians are housed by IREM in a former prison ship.

Of course, Total and IREM were acting perfectly within their legal rights, according to a series of EU judgements. A 2007 ruling caters for a company doing work in another EU country to ignore local pay rates, after a Latvian company tried to build a school in Sweden using Latvian workers on Latvian pay.

The key issue for the workers in Lindsey is one of access to work. It suits the media to portray the white working class as racist and backward and it suits politicians to discredit industrial action. But, while some involved in this have expressed racist sentiments most have realised that it’s about class, not nationality. Where bigotry rears its head, it needs to be challenged – but this is best done by workers involved, rather than people like Mandelson who have never had any worker’s interests at heart.
The actual demands of the workers do not make any mention of Italians or Portuguese:

• No victimisation of workers taking solidarity action.
• All workers in UK tobe covered by NAECI Agreement
• Union controlled registering of unemployed and locally skilled union members
• Government and employer investment in proper training /apprenticeships for new generation of construction workers
• All Immigrant labour to be unionised.
• Trade Union assistance for immigrant workers - via interpreters - to give right of access to Trade Union advice - to promote active integrated Trade Union members

After a week of mass meetings on the picket lines which saw the “British Jobs...” slogan dropped as quick as the BNP were told where to go by strikers in favour of “Workers of the World Unite” and calls in Italian for the IREM workers to join them, the Lindsey strikers returned to work, having gained 102 jobs for locals. Among the solidarity actions, the strike in Plymouth - in which Polish workers supported their British colleagues - is most notable. A possible further development would have been to talk to workers elsewhere in Europe – these EU rulings benefit bosses all over, so co-ordinated action against them is a good idea. They’ve also taught a lesson to all those of us who don’t work in construction – just because solidarity action is unlawful, it doesn’t mean we can’t practice it!

To be made redundant, you have to be sacked as part of a reduction in the workforce. Being replaced with a cheaper worker is not redundancy and may be unfair dismissal. Bosses will sometimes redefine work as a “special project” to try to get round this. The law covers England, Scotland and Wales, with similar provisions in Northern Ireland. However, if you aren’t organised you may not be able to enforce your legal rights.

Redundancy is a “fair” reason for dismissal if the employer acts “reasonably”. A claim for unfair dismissal through redundancy can be taken to an Employment Tribunal within 3 months. You may have a company redundancy scheme which should be better than the statutory minimum, and which is part of your contract. Find this out, and make sure you get what you are entitled to. Otherwise, these are the statutory requirements.

One week’s redundancy notice has to be given for each full year employed, up to a maximum of 12 weeks. Redundancy pay is only payable after 2 years’ employment. You have a right to “timely and meaningful” consultation if more than 20 workers are affected. Failure to consult can result in a protective award at an ET.

Selection for redundancy must not be discriminatory – a number of things are automatically unfair, such as singling out union members or activists. (A full list can be found in the online version of this article.) The selection can also be unfair if there was no genuine redundancy, there was a lack of consultation, an unfair selection procedure or a failure to offer alternative employment.

Temporary workers are eligible for redundancy if been employed for 2 years or more. It is unlawful to put a clause in a fixed term contract waiving the right to a redundancy payment. You can be offered alternative work but can turn it down if the pay or status is lower. You have a right to time off during the redundancy notice period to look for work.

Statutory redundancy pay is one week’s pay per year of employment up to a maximum of 20 years, with a maximum week’s pay - £290 per week in 2006-7 (£5,800 in total). If the employer is insolvent, the redundancy pay (and any other pay owing) must be claimed from the Department for Business Enterprise and Regulatory Reform (BERR), and the statutory redundancy pay is subject to tax and national insurance deductions. Otherwise, redundancy pay under £30,000 is not taxable. There is a ready reckoner for the statutory scheme at: http://www.berr.gov.uk/whatwedo/employment/employment-legislation/employment-guidance/page33157.html

If different groups of workers have different terms and conditions (e.g. due to TUPE), some may get better redundancy pay. It’s worth checking this because it could potentially be unfair.

For more general information on your rights at work: www.stuffyourboss.com