Turning Point staff are to be polled on possible strike action after it was discovered that new contracts issued this week do not allow them to sign under protest, a clause the union says undermines established employment rights.

On Monday Turning Point gave its employees notice of new contracts, which they must sign by 17 May. The new contracts have been the source of a dispute with Unite the Union since November last year, but the discovery that these contracts include a clause which prohibits employees from signing “under protest” has been described by the union as “game changing”.

“It’s absolutely outrageous. It’s the lowest of the low. Turning Point’s completely out of sync with the social care sector,” Unite regional office Jamie Major told civilsociety.co.uk.

The union has received advice from its solicitors that this clause is an attempt to curtail established legal practices wherein employees who sign new contracts under protest can still claim breach of contract. This right is known as ‘stand and sue’.

Strike action poll due  

The union will ask members today whether they are prepared to take industrial action over the issue. Unite represents about 450 of the 2,600 Turning Point staff.

“It’s one thing robbing our members, it’s another thing to do it and at the same time try to curtail their legal rights,” said Major. “It’s a blatant attempt to bully them into submission and we won’t stand for it.”

Turning Point is a charity which works in employment with vulnerable people, including those with issues relating to mental health, learning disability and substance abuse. While it increased its income in the last year on record, the charity has repeatedly blamed government spending cuts for its changes to employment terms – a cause the union does not dispute.

Turning Point confirmed that the new contracts do not enable people to sign under process, and said: "this is to ensure that the signed contracts we receive are valid and effective contracts". 

The charity also disputed that the clause would undermine the stand and sue rights. 

"The ability to claim unfair dismissal is not at all compromised by the sentence we have put in the accompanying letter to the contracts. This remains an individual’s statutory right," a statement from the charity read.

 

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