Let War Begin...

I have calmed down (a very small amount) and have decided that i am not taking this lying down like a Patsie! Step one: contact my trade union - i have written a letter see below (i doubt that there is a claim under public law, but it is worth mooting the point) - Step two: contact my work mates, see how far we can push the issue as a pressure group. Step three: might have to think about some direct action! DIY stylee ;)



Dear Sir/Madam

I am writing to you as a member of Unison to ask you for some advice and help regarding a letter I received concerning a cut in my salary by my employer NHS Professionals (NHSP). I have included the letter NHSP sent me with this cover letter.

In essence the letter informs me that I am taking a pay cut from the 1st of August 2011, with no consultation and agreement on my behalf or indeed by any of my colleagues. The spurious reason being to save the East Kent NHS Hospitals Trust Budget; I have not been informed by any other employees (i.e. not NHSP) that they are also taking a wage cut in this NHS trust, indeed the received wisdom is that this Trust has a budget surplus.

Could it really be the case, that NHS management, are cynically using the media panic of public sector cuts to squeeze people on the lowest wages and in the most and insecure forms of public sector employment? If this is the case, then it is both despicable and morally wrong.

Legally I am not sure that they can do this? I consider myself a public sector worker; I pay into an NHS pension scheme and NHSP is a public sector organisation set up by the Department of Health – however they have tried to push their status as a private company, but as far as I know, they are not a private company with shareholders, so I don’t think that they can just make these types decisions using their own fettering discretion.

I would like to know if there is a case for judicial review? This pay cut would seem to be unlawful on the following grounds:

 The decision-maker does not have power to make that decision, or is using the power
they have for an improper purpose;
 the decision is irrational;
 the procedure followed by the decision-maker was unfair or biased;
 the decision was taken in breach of the Human Rights Act; or
 the decision breaches European Community (EC) law.

Would it be possible to forward this correspondence to a legal firm that works with Unison, such as Thomsons. And perhaps get a second opinion if there has been a breech of law and if this is the case, then should it be corrected? However, if this is not the case, then is there another option to appeal under employment legislation?

On a personal note, I think that this would be a good issue for Unison to get behind; this pay cut seems extremely cynical and unfair to me; this pay cut effects a significant number of hard working Health Care Assistance (HCAs) that work in the East Kent hospitals Trust (Some on full-time contracts with the Trust using NHSP to help supplement their low incomes). Perhaps next time when I discuss with colleagues the importance of joining a trade union I can cite this a positive reason for joining.

In the meantime, please contact me with any other ways in which this wrong can be corrected. I have not contacted the people from NHSP about this grievance, I would prefer to meet with yourselves (Unison) and discuss how best to bring this issue forward; and as it says in the letter, it would seem that NHSP and the East Kent Hospitals Trust have already made their decision regardless.

Kind regards

paulofmedway

I will keep the blog updated on developments...