Covid-19 prison lockdown and employer discussions

'Firstly, may I take this opportunity to thank each and every one of you who has responded to our survey, helped us map prison sites, fed-back to your reps and written to your employer asking them to meet with UCU and fulfil their obligations under health and safety legislation. I know that this has been a difficult step for many of you to take and that sometimes you may have felt like a lone voice in your own establishment or team

However, it was YOUR action and the action and representation of your AMAZING branch officers, supported by regional office and organising staff, who have tirelessly responded to queries and made representations to your employers on a daily basis that has made a difference from where we were to where we are today.

Your voices, combined with:

• UCU lobbying of government departments (countless letters to HMPPS; meetings with the cabinet office) spearheaded by the general secretary and our policy officer
• briefing politicians so your voices were heard in parliament (from our parliamentary officer and Justice Unions Parliamentary Group)
• press releases, social media pressure and rapid updating of website briefings (by press and campaigns team)
• working with other unions, especially the help of POA and their Chair Mark Fairhurst (co-ordinated by Joint Unions Prisons Alliance)
• deftly drafted and crafted bargaining and negotiations advice and survey analysis (by the Bargaining & Negotiations Team)
• UCU national officials sending letters and making phone calls to your employers/

All of this combined effort brought your employers to the bargaining table.

This is a tremendous move forward.

Where we are now

As you will be aware from previous updates HMPPS made a decision last week to close the face-to-face education provision in prisons. However, according to all providers HMPPS have since asked employers to provide a skeleton service in prisons (where requested by individual prison governors) to ensure that learning can still continue by providing prison service colleagues with the materials for prisoners to continue to be educated in their cells.

UCU and Unison therefore met with three PEF providers Weston College, NOVUS and MKC yesterday, 31 March 2020, to discuss how best to continue to deliver education under the HMPPS 'Exceptional Delivery Model' (lockdown). The situation as it relates to PeoplePlus employees is set out below.

The joint trade unions shared with the providers a framework for them to consider which we believed would provide prison educators with the safeguards they need to facilitate learning under a lockdown regime. The three providers agreed to look at this and hopefully we will meet again in a few days' time (date tbc) to discuss with a view to reaching agreement.

The proposed agreement includes the following principles:

• understanding that 'business as usual' does not apply during the crisis
• recognising that any related changes to ways of working necessarily rely on the good will of all staff
• acknowledging that a cooperative, collaborative and trust-based approach between managers and staff is required
• addressing issues of isolation associated with online working and working from home and recognising they will affect all staff differently
• facilitating a supportive and non-coercive approach to new ways of working in all circumstances
• considering the needs of all staff in the implementation of any new processes and procedures, and making them subject to regular review and agreement between trade union representatives and management
• prioritising staff health, safety and welfare
• agreeing rapid escalation routes for the resolution of issues arising from changes to working methods between management and trade union representatives.
• scheduling regular meetings, at least weekly, between management and unions to review the situation generally and agree appropriate responses to any problems/issues that arise.

The agreement also covers a range of other important issues from attendance on sites, commitments to pay and annual leave, to homeworking including a commitment to a no detriment position for casualised staff. We are awaiting the employers' comments on this document and hope to be in a position to update members on this in a few days' time.

At the time of writing we are awaiting confirmation as to whether the three employers are willing to agree to a joint statement following our meeting. In the meantime, we can confirm the following headlines:

• it was agreed that any attendance on site would be voluntary and no pressure would be applied or detriment caused to any individual who chose not to volunteer
• UCU advice remains the same for those that agree to volunteer that they should only do so once UCU has been consulted with and issued advice on site specific health and safety risk assessments together with appropriate safe systems of work in accordance with the Safety Representatives and Safety Committee Regulations (1977)
• NOVUS agreed to a further meeting to discuss specific arrangements for the youth estate.

PeoplePlus members

PeoplePlus opted not to join the meeting yesterday but have indicated that they are happy to meet with UCU separately and we are just in the process of arranging this with a view to meeting this week. In the meantime, we can confirm that the employer has already moved significantly in their approach.

They have 'assured' any member who feels strongly about not being included on a skeleton staffing rota that they do not have to attend site and this is on a no detriment basis with the ability to work from home instead.

PeoplePlus have also given assurances that they will work with UCU representatives to ensure that suitable and sufficient risk assessments are in place.

Following UCU representations, they have confirmed that all staff who had requested to stay home due to having a vulnerable condition (but were not ill or self-isolating for 14 days) will no longer be on company sick pay and return to normal pay this week. They will be expected to carry out any reasonable work related tasks as set by their line manager at home.

Finally, we understand that PeoplePlus will also be writing to staff this week with an offer for them to take furlough leave. More detail relating to this can be found here.

Advice for members

To be clear the advice for members across all providers and all sites (including youth estate) at this current time is as follows:

1. it is voluntary
2. if members want to volunteer then our strong advice is that this should be subject to being provided with:
   1. description of tasks undertaken on site
   2. safe systems of work and risk assessments being approved by UCU H & S reps
   3. operation of best practice rotas (limited no's and alternating teams on a weekly or fortnightly basis to limit contact).

Other advice and guidance produced and updated by all of the teams in UCU include:

• Coronovirus 
• Homeworking
• Precarious and casual staff advice

Annual leave advice is currently being drafted and will be posted here so keep checking for updates

For any specific advice please contact your branch or regional representatives.

Finally, I am really pleased to report that there has been a significant increase in membership across all four prison branches over the past few weeks. If you have valued the work that UCU has undertaken on your behalf, please do spread the word by forwarding this e-mail and speaking with colleagues and get them to sign up and join here.

If you would like to become a rep, please contact Ronne Kershaw for more details.

Together we are stronger and will be in a much better position to face the challenges all of us will encounter in the coming weeks and months as the situation develops - as I am sure it will.

In solidarity

Marianne Quick
UCU bargaining and negotiations official'