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Responses and Submissions

NEW OAKLANDS/ WESTERLEA SPECIAL SCHOOL

UNISON City of Edinburgh Branch Submission to the City of Edinburgh Council 18 April 2002

I understand that at your meeting on 18 April 2002 you will discuss the Council's proposail to build a new special school in conjunction with Capability Scotland. You wifi hear a delegation from UNISON and I should also be grateful if you would consider the following written comments.

1. UNISON represents the support staff at th existing Qaklands school and in this submission we put forward the views of our members.

2. Our main concerns are of course, in terms of our member's conditions of employment, but, additionally we have concerns relating to the professional issues involved in the provision of this service by an organisation outwith the Council

3. The report which was submitted to the Executive of the Council on 12 March 2002 at Paragraph 3.10 said that the most taxing of the personnel issues was identifying a mechanism whereby the Council staff would transfer to the new school. There is, of course, no requirement that staff should transfer to the new school and to the employment of Capability Scotland.

The report attempts to indicate that other options were explored but it is regrettable that no other options appear to have been put before elected members. We would therefore wish to emphasise that even if the Council proceeds by commissioning Capability Scotland to provide education to these children, there is no need as a consequence of that for staff to be employed by Capability. Staff could continue to be employed by the Council

4. The report indicates that any such transfer would come within the scope of the TUPE regulations. I am sure it will come as no surprise to elected members that whilst the trade unions welcome the provision of TUPE regulations as far as they go, the regulations provide protection only at the time of transfer, the trade unions experience of the workings of the TUPE regulations indicate that it can be a legalistic minefield initially and later leads to a two tier workforce where the other staff are employed on conditions different and usually worse than TUPE protected transferred staff.

Inevitably, this leads to ill feeling between members of staff and is hardly convenient for the employer. Equally, inevitably, the drive from the employer is thereafter to standardise conditions of employment and invariably this is standardisation to the lowest common denominator.

5. Recent research has confirmed that in these circumstances conditions of employment of public service employees deteriorate. Training opportunities diminish as training programmes focus on task performance rather than on the enhancement of transferable knowledge and skills. Promotion opportunities decline as jobs become standardised with lower qualifications and skill requirements. In this particular school, support staff would come from differing backgrounds requiring different levels of qualification and skill, the one based mainly on an education background and the other on a mainly care background.

6. The other main issue in terms of employment conditions relates to pensions. Whilst the teacher's pension provisions will remain intact, we understand that Capability will offer support staff a pension scheme broadly comparable to the local government pension scheme. Why are these members of staff who will have paid into this pension scheme for many years not to be allowed to continue in that pension scheme? There is no reason why they should not be allowed to continue in the local government scheme if the will is there. Indeed the Council seem to be going against recent Govemment advice on this issue.

7. Other issues have already been raised but without any satisfactory answers. A number will remain to be resolved e.g. Auxiliary Staff at Oaklands work a 52 week year. Will the new school revert back to a 39 week year and if so, we then have a number of employees who will be unemployed yet unable to claim benefit for three months of the year? A host of other areas of concern like this will require to be resolved.

8. The Council seems to recognise that economic pressures in the future will impact on staffing issues. It has already been indicated that they would be concerned about any proposal regarding staffing that was simply designed to secure economies. Staffing proposals designed to secure economies are in our experience a distinct possibility. Elsewhere there.is ample evidence to show that this indeed is what has happened. Where staff are transferred from the public sector labour standards deteriorate. This deterioration is accompanied by job loss and ever mare pressures on those remaining staff to lower work standards with consequent implications for service standards.

9. UNISON is concerned that a core service for vulnerable children will no longer be provided directly by the Council . While UNISON accepts that there is, and sometimes needs to be a mixture of provision when it comes to specialist services, it is a dangerous precedent when such basic and essential educational provision is passed over to a charity and away from direct Council accountability that parents normally expect from education services.

10. Much has been made in submissions to our members of the plans being in the interests of the children and those are of primary concern to our members who care for them throughout the year. However, alongside this and throughout the document, the issue of cost is prominent and appears to dictate the agenda.

11. While there are clear statements about teachers' conditions, there are no such statements about protection of the support staff, especially in terms of pensions. These staff do the valuable work involving much of the day to day education, development and care stimulation and physical wellbeing of the children. This is currently provided consistently by the same staff on a 52 week basis.

12. We have commented earlier on the limited protection of TUPE and the wide evidence that two-tier workforces are created and conditions forced down This is all the more likely in a situation where there already exists a disparity in conditions between the Council and Capability Scotland when it comes to this group of staff.

13. There is no doubt that there will be a change in provision for the children and UNISON is disappointed that the role of the support staff has not been give the status it deserves. These staff are not ancillaries to teaching staff, they are a fundamental part of the daily care and development of the children. They are the key part of Oakland's particular reputation as a school that gives high priority to physical as well as intellectual stimulation.

14. The absence of commitment to this group of staff is concerning as is the assumption that the staff will have to transfer to the new entity with lesser protection that their colleagues. There is no such requirement to transfer and under these circumstances there should be no such requirement.

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