Unite “Delighted” With Mediation Outcome

Unite the union has said that it is “delighted” with the outcome of a mediation process involving its members and elderly care providers.

In July 2018 Unite the Union brought two cases in the Employment tribunal against Grand Home Care, for failure to consult staff following the change of contract for the provision of services to John Macintosh Ward, from Grand Home Care to Meddoc. Grand Home Care joined Meddoc in the action.

A statement continued: “The cases were referred to the tribunal mediation service and between November 2018 and February 2019, Grand Home Care, Meddoc and Unite attended without prejudice and confidential mediation sessions, facilitated by tribunal mediators Francesca Bautista-Kolenič and Fiona Young. As a result of the mediation process, the parties came to a positive resolution to the benefit of Unite members.

“The mediation process enabled the parties to reflect on the circumstances that surrounded the transfer and use the benefit of hindsight to assess and agree recommendations that can be proposed to the relevant government agencies to ensure that a situation which negatively impacts staff wellbeing, patient care and continuity of service does not arise in the future.

“As a result of the discussions that took place between the parties during the mediation process, the following recommendations have been agreed upon with a view to ensuring a smooth transition between an ingoing contractor and an outgoing contractor, to avoid uncertainty amongst the employees and their outgoing and incoming managers, and to ensure continuity of care (where such a change of service provider takes place in a health care setting) and continuity of service in general:

1. In the event of a change of contractor it is recommended that at least three month notice is provided to the parties to allow and enable the incoming and outgoing contractors to exchange information and work with any relevant union representatives to ensure employee rights are considered to ensure a smooth handover.
2. On the date of notification of a change of contract the outgoing and incoming contractor should immediately be provided with details of the incoming/outgoing contractor in order to share and exchange relevant information in order to determine the correct consultation process that they are required to follow depending on the specific circumstances of the change of contract and its impact on current staff.

Gillian Birkett Regional Officer of Unite the Union said: “We are extremely pleased with the mediation outcome which benefits all parties but in particular the affected members of Unite. Taking into account the above, we welcome governments’ response to our Election Wish List item on “Transfers of Undertakings” that is, to ensure protection in Gibraltar for workers involved in Transfers, by adopting a similar provision to that included in the UK Transfer of Undertaking PE 2006 which cover provision changes”.