A Merry Christmas and a Happy New Year to all our members

NThe newspapeIr of the Pleading publiSc sector tradeA union NDecember 2E015 Tel:W 02890661831 wwwS .nipsa.org.uk Court staff devastated

NIPSA has warned that the clo - ing has been reduced by £4.5m Justice Committee. time if they are relying on public asures otf up to ca furthelr eioght sor 10u.8% andr in adedition ins come He told the Committee: “It is im - transport. The same can be pre - courts across Northern Ireland from civil fees reduced by £2.9m portant to be clear about the fact dicted for court users living in will have a devastating impact or 10%. During this time 77 posts that, if these proposals are imple - parts of Armagh. on courthouse staff, on rural were removed from the NICTS. mented in full, it will change the NIPSA News asked HQ Official, areas and particularly on the The NICTS expect that their shape of the delivery of court Ryan McKinney, to explain what worst off in society. funding will continue to reduce in services in Northern Ireland to the will happen next. Despite the recent announce - the forthcoming years and they detriment of many vulnerable He said: “We will be using this ment that Newtownards Court will have already been asked to adults and children seeking to time to put pressure on the Jus - remain open and Enniskillen model for between 5% and 10% vindicate their rights. tice Minister to reject these pro - Courthouse will continue as a cuts in the 2016/17 Financial “The Department has a statu - posals and to reflect on the hearing centre, the union has Year. tory duty under Section 68A of consultation responses from the vowed to fight the overall recom - Management argue that when the Judicature (Northern Ireland) many organisations which have mendations. faced with this challenge they Act 1978 to provide an efficient highlighted the range of detrimen - And NIPSA HQ Official Ryan have had to review the number of and effective system to support tal effects these closures will McKinney claimed the proposals, courthouses required. The origi - the courts and to provide appro - have. if put into operation, would make nal consultation paper proposed priate services to do this. This “We will consult with our mem - it harder for working class people the closure of up to another eight statutory obligation is designed to bers about how they want to re - to access justice and insisted that courthouses, which would see the reflect one of the basic gover - sist the court closures and we will lobby and campaign alongside they “fly in the face of the [Jus - number of courthouses in this ju - nance principles in a democratic tice] Department’s ‘Faster, Fairer, other interested groups.” risdiction drop from 22 to 10, a re - society, which is the right of ac - Mr McKinney continued: “What Justice’ mantra”. duction of 55% since 2013. cess to justice. Earlier this year the union re - we are witnessing here is another Although the proposals have al - “Failure to provide sufficient nail in the coffin of public serv - sponded to the Northern Ireland tered slightly the suggested level funding for the courts to be ac - Courts and Tribunals Service ices. The impact will be greatest of closures still compares very cessible would clearly put the De - on rural areas and particularly on (NICTS) consultation paper on unfavourably with other jurisdic - partment in a position where it the worst off. proposals to ‘rationalise’ the court tions facing similar austerity cuts. was not fulfilling its statutory “These proposals make it harder estate. For example, in England and duty.” for working class people to ac - As this edition of NIPSA News Wales the estate has been re - Further problems arise when cess justice and they fly in the goes to print, the Justice Commit - duced by 28% since 2010 while moving the business of Bally - face of the Department’s ‘Faster, tee were being briefed on the out - at the same time, some £713 mil - mena courthouse ( pictured, Fairer, Justice’ mantra. We need come of the consultation process lion was also invested in new IT. above ) to Antrim as this will to unite our members with the and on a series of recommenda - The impact of ‘rationalising’ the mean people living in Larne and public to force the Minister to tions currently under considera - Court Estate has not been lost on throughout the north east will find lback off.” tion by the Justice Minister. Lord Chief Justice Declan Mor - it virtually impossible to reach a The economic impact on the Since April 2014, NICTS fund - gan who gave evidence to the courthouse by the 10am start court closures - see page 2 Minister announces reprieve for statutory residential homes AS REPORTED in the last issue of NIPSA News, NIPSA has been the Trusts there is a policy of non-admission of permanent resi - involved in a campaign to keep a number of statutory residential dents. This is the ‘closure by stealth’ approach NIPSA has warned homes open. about for years. This has been part of a two-year battle waged by the union General Secretary Designate Alison Millar told NIPSA News: against successive Health Ministers. These Ministers have used “The reprieve for the 10 statutory residential homes came not be - the wider austerity agenda to put pressure on Trusts to cut budg - cause Minister Hamilton has seen the folly of his policy. It was re - ets and by stealth over a number of years to remove statutory pro - versed by the decision of the private sector provider Four vision for our elderly population as a choice for them in the latter Seasons to close nine of its homes because they were no longer years of their lives. profitable. The union has previously reported that across most, if not all, HOMES REPRIEVE: continued on page 2

Download your membership application here: http://www.nipsa.org.uk/About-NIPSA/Join-US/Application-Form Page 2 NEWS EDITORIAL A united union that can meet the challenges ahead AS WE approach the end of their workloads reduced cor - the majority of jobs which tives stand together we can another year, it is time for respondingly. we hear are being created in fight the real enemy – the many of us to reflect what What we do hear instead the private sector are low- enemy of the cuts, the has happened over the past are the words ‘efficiency’ paid which will do little to enemy of Government aus - 12 months. In the Northern and ‘doing less with more’. stimulate the NI economy. terity, the enemy of further Ireland context we are in re - However, those who spout There are many other as - threats of privatisation so ality on the cusp of major such words are not the peo - pects of the Fresh Start deal that members see the pur - changes to our public serv - ple on the front line of our which members can read pose of belonging to NIPSA. ices brought about by a public services delivering to about in this edition of This is because in NIPSA we number of factors including the many needy and vulnera - NIPSA News which does are strong enough to set political difficulties encoun - ble citizens in our society. nothing for our members or aside the many differences tered – or being manufac - The continuing mantra of the citizens of Northern Ire - we have in the interests of a tured – by our devolved cutting public services goes land. better, united union. institution. unnoticed and unheeded by Meanwhile, on a more posi - Finally, as the newly- The end result after many the media and most of our tive note, this time last year elected General Secretary, I months of political wrangling politicians. This is set the NI Water workers were want to thank those who and posturing is that we against the private sector entering a period of indus - voted for me. I also what to have been left with a ‘Fresh which has also faced thou - trial action. This action assure those who did not Start’ deal which is anything sands of job losses in the IT demonstrates that when that I am determined to work but a fresh start for Northern industry, Dunnes Stores, JTI unions unite together in a in the interests of all mem - Ireland public services. Gallaher and Michelin, to common cause with commit - bers so that we have a The alleged new document name but a few. ment and determination and strong union that will be still has within it the bor - The difference is that when bring to bear their industrial there when members need it. rowed £700m to reduce pub - these announcements of job muscle, members can get a United, we will build a lic services in Northern losses are made, those same fair deal. stronger union which can Ireland by more than 20,000 politicians call for extra in - As we enter 2016 there will and will deliver. jobs. Nowhere have we vestment to shore-up and be many challenges ahead heard that the public ser - develop the private sector. but I am confident that if our Alison Millar, vants who remain will have The reality, however, is that members and representa - General Secretary

l TNIPShA looeks a t tehe ecconomicn impoact tmhe icfec tedi wmill be tphosea staffc currten tlyo basfed in couNewrtotwn arcds slhoould bse reutainerd aet this courthouse closures will have on the areas courthouses. The continuing NICS recruitment time and as a result the Administrative Court affected. freeze, the Voluntary Exit scheme, departmen - Divisions will be reconfigured; l The multiplier effect refers to the idea that tal restructuring and the cuts to departmental Ballymena should close. Following a further an initial injection of (government) spending budgets will have a major impact on redeploy - review of court business levels all business into an economy results in an economic bene - ment opportunities. will be transferred to Antrim rather than being fit greater than the level of the initial invest - Staff permanently based in Lisburn, Armagh split between Antrim and Coleraine; l ment. and Ballymena will be most concerned though Armagh should close and all business The Association of Public Service Excel - the closure of Limavady, Magherafelt and transferred to Newry; l lence (APSE) and its partner, the Centre for Strabane hearing centres will have an impact. Enniskillen should be retained at this time Local Economic Strategies (CLES), have led Re-designating Enniskillen as a hearing but that it should be designated as a hearing the field in researching the multiplier effect of centre is likely to mean permanently relocating centre and opened only on those days when a public expenditure on local economies. staff in Omagh and this will have major detri - court is sitting; l In the examples studied each pound spent mental consequences for staff currently based Strabane should close and business should resulted in an increased aggregate output of in Enniskillen. be transferred to Omagh; £1.64. In this case the multiplier is 0.64. This Recommendations : l The earlier decision to close Magherafelt means that for every pound invested, an addi - The Senior Management Team have now should be implemented, but business should tional 64p is reinvested in the local economy. presented a paper outlining a series of recom - be transferred to Dungannon; and The private and third sectors play a signifi - mendations to the Agency Board, the Board l cant role in the delivery of public services and have accepted the paper and will discuss The earlier decision to close Limavady these organisations potentially have much to them with the Justice Committee. The recom - should be implemented and business trans - lose from a cut in the number of courthouses. mendations include: ferred to Coleraine. l In the context of the proposed courthouse The Old Townhall Building should remain Although Management have guaranteed closures this will include the fairly immediate closed at this time and the potential to develop that “no member of staff will lose his or her job effect on the legal profession which is largely it as a Family Justice Centre should be con - as a result of any court closures that take located close to the courthouse in regional sidered as an option in the context of the DOJ place”, they have acknowledged it will be nec - towns. Estate Strategy; essary to transfer staff to different locations if l Secondly will be the decline in footfall in Lisburn should close and the business the Court in which they are working closes local shops and cafes which will have court- transfer to Laganside Courts. However, as this though this will not be in the current financial related trade. The closure of courthouses will, recommendation is a variation on that con - year. therefore, directly affect the number of jobs in tained in the consultation paper, consultees Management have also made it clear that the local economy. will be invited to submit any further views they this is not a final decision as the Minister will Court staff : may have before a final decision is taken by need to reflect on the recommendations and Unsurprisingly of course those most af - the Minister; that will take up to at least January. HOMES REPRIEVE – page 1 story continues : to care for people from the cradle to the grave. NIPSA NEWS “It now appears that the Minister will seek to It is not the Health Service envisaged by Nye NIPSA Harkin House, 54 Wellington Park, shift many of the residents of Four Seasons to Bevan all those years ago when it became a Belfast BT9 6DP, Tel: 028 90661831 Fax 028 90665847 the homes that were earmarked for closure. cornerstone of society. or email: [email protected] This is a disgraceful way to treat our older While the Minister has announced a period Editorial contact details: Bob Miller folk. It is also a disgrace that the almost 400 of reflection, NIPSA is determined to continue email: [email protected] staff who work in the Four Seasons homes the fight to protect elderly and statutory resi - Correspondence should be sent to the above address. which are earmarked for closure are likely to dential provision. A union source described Unless otherwise stated, the views contained in lose their jobs.” the Four Seasons fiasco as “nothing short of NIPSA NEWS do not necessarily reflect the According to the union, it is clear there is a disgrace” and “proves that we should not policy of the trade union NIPSA. obviously something critically wrong in the leave the care of our elderly or any public whole system – a system that was supposed service to the vagaries of the markets”. NEWS Page 3

Jobs protest Civil servants stage demos across NI NIPSA’s vow on against cuts to jobs and services on Thursday, Nov 26. Pictured here are pay for Planning members protesting outside Stormont. IN April 2015, almost 400 plan - any control. nSing seervircev stafif ctranesferr ed tran“Havsing gfiveen thris edetaeiled cs on - from the Northern Ireland Civil sideration and having taken ad - Service to local government as vice, the best way to progress part of the Review of Public Ad - this issue is to seek to have local ministration. government employers pay the As it is a completely new envi - same cost-of-living increase as ronment for this group of staff, for NICS staff.” there are significant issues that She added: “At this point in need to be dealt with as transfers time there is no agreement on bed in – one major issue being NICS pay for 2015, but negotia - pay. tions are continuing.” A number of Councils have al - Ms Millar pointed out that if ready agreed that members will local government employers re - receive their contractual element fused to implement the 2015 from August 1. NIPSA has in - NICS agreement, the union would sisted that the union will vigor - pursue the issue through the Staff ously pursue the issue for those Transfer Scheme. This stated that members who have not received no member would suffer a detri - their increment. ment as a result of the transfer On the wider issue of a cost-of- and would ultimately result in a living pay increase, General Sec - determination by an Independent retary (Designate) Alison Millar Appeal Panel set up to deal with told NIPSA News: “The issue of RPA issues under the Labour Re - an annual pay uplift is not con - lations Agency. tractual and therefore NIPSA has NIPSA has written to the Chief been considering how best to Executives lodging this claim on deal with this to ensure that mem - behalf of transferred civil servants bers are not disadvantaged, be - so that when an agreement is cause of the transfer to local reached for NICS staff, the issue government, which was not can be pursued speedily within something over which they had local government. Civil servants ‘should not be denied

pA BRrANoCH Specreteary Crirc ulcar ohass takten- plaoce wfhic-h hlasi an v- inin segrvice hpave yaet toy be p rorvidied ssetraint’ , there is little justification in issued on November 9 advised gered many. The Trade Union with details of where work is to be denying NICS staff a proper cost- Branches that pay negotiations Side has been engaged in two bi- shed in order to live within the re - of-living increase. had just started. Of course lateral pay discussions following duced staffing levels.” Even the Prime Minister earlier members by now would have the CWC Pay, Grading and Al - Mr Bannon claimed that man - this year, in hailing the claimed expected negotiations on their lowances meeting held on No - agement right across NICS de - economic recovery, told bosses, 2015 pay settlement to have vember 5. partments had to date failed to in his speech to the British Cham - concluded, not least as the ef - It has been impressed on NICS show a proper duty of care to bers of Commerce, to give staff a fective pay date is August 1. management that in addition to staff by not providing the informa - pay rise. The fact that pay in 2014 was the application of increments (the tion sought by Departmental David Cameron said: “Now that imposed by then-Finance Minister process of progression to the full Trade Union Sides. our long-term economic plan is Simon Hamilton when negotia - rate of pay for the job), a consoli - He insisted: “With these addi - truly working, together we’ve got tions were under way was partic - dated increase to all pay points tional pressures coupled with all to make sure it works for every - ularly controversial. Indeed that on all pay scales is also essential. that is associated with the re - one in our country.” was the first time that pay had This was set at 2.5% in the structuring of NICS departments, Surely he does not intend to ex - been imposed in circumstances claim lodged by NIPSA in July members expect to be treated clude civil and public servants – a where: 2015. fairly when it comes to the 2015 l line the NI Executive and Finance negotiations had not con - Assistant General Secretary pay settlement.” Minister should adopt! cluded, Kieran Bannon told NIPSA News: A further issue to be addressed l an offer had not been extended “Members are entitled to their pay is the growing number of staff Trade Union Side and NICS for members to have their say, progression and achieving the now on the maxima of their pay management are aware of the and rate of pay for the job. In addition scale, currently sitting at 52%. In need to remain engaged in nego - l an opportunity denied to NIPSA they expect and deserve a cost- the absence of a consolidated tiations to reach a conclusion as in making representations at Min - of-living increase as their pay for pay increase, more than half the soon as possible and for an offer isterial level. some years has decreased in real staff would receive no uplift in to be available to facilitate a At the start of the 2015 pay ne - terms through the lack of inflation pay. This figure would, of course, NIPSA branch consultation exer - gotiations, Trade Union Side re - linked increases and higher pen - rise further as those on lower cise. peated its concern about 2014 sion contributions. They also face points of the pay scale receive Further bi-lateral discussions pay being imposed and encour - the impending changes to na - their incremental progression. are to be scheduled over the aged NICS management to make tional insurance contributions.” With the private sector experi - coming weeks. Trade Union Side the current Minister aware that He continued: “With the poor encing the fastest pay increase has also indicated that in the NIPSA did not expect a repetition morale around the system and acceleration in 14 years, out - event of difficulties in negotiations of the 2014 events. the impact of the VES scheme stretching the increase in public they will want to meet the Minister Members are acutely aware of taking greater effect in the com - sector pay and even the CBI en - to make representations at that why the delay in pay negotiations ing months, those staff remaining couraging an easement in pay re - level. Page 4 NEWS Osborne’s U-turn a rebuff for

‘CHsANCEhLLORr Geoirgne Osbokrne’s Ut-turhn ethis a ffsront tto waorkingt peoeple. ’ ideincreoase inl thoe Blocgk Granut, ‘little chans ge’ on tax credits is evidence that “fighting “This demonstrates that only by fighting in an existing crisis across our public serv - back collectively” can defeat “shrink-the- back collectively as a society will we ices – of pay freezes/cuts, job losses and state ideologues”, NIPSA has claimed. achieve anything against the ‘shrink the reduced services – is no cause for relief.” NIPSA General Secretary Designate Ali - state’ ideologues in charge at Westmin - Ms Millar insisted that NIPSA would con - son Millar made the comments in reaction ster.” tinue to argue that only the state had the to Osborne’s November 25 Autumn State - Ms Millar pointed out that the plan to cut “breadth and the reach” to provide free-at- ment to Parliament. welfare spending by £12bn – including a the-point-of-use public services Northern However she cautioned: “While the head - market-oriented “solution” to housing pol - Ireland people deserved. line postponement of the hit to tax credits icy – was reaffirmed by Osborne, which is welcome, how this looks after welfare re - she said showed “the social class that is “Nothing in this Statement, nor the gift to form’s Universal Credit is implemented driving this agenda”. Corporations – in a promised Corporation may be a different matter. She continued: “Locally, within the de - Tax rate reduction – offered within the so- “What is clear is that this U-turn is the re - volved settlement, we are well used to re- called ‘fresh start’ from Stormont demon - sult of the efforts of all of those – including cycled UK-wide money spun as ‘extras’ for strates the vision that is required to the wider trade union movement – who Northern Ireland. Initially, while the fore - address the major problems that face our publicised and opposed the injustice of cast figures look as if there is no real terms members and their families.”

Jobless 16- to 24-year-olds condemned to poverty A LACK of well-paid Stormont House jobs and affordable homes is throwing young people into poverty, a damning report published in late November finds. Agreement not good Young people aged 16 to 24 are four times more likely to be unemployed than the working-age pop - for NIPSA members ulation as a whole, the Joseph Rowntree Foundation study found. FOLLOWING 10 weeks of intensive negotiations by this will amount to £200m per annum, which will be And 400,000 more the main political parties, the Irish and British Gov - taken from the NI budget – ie a further cut of £200m per young people are liv - earnmennts, a dedal ent itledt “Ah Freshe Start: iThre St or -faannumm – how dioels tihise make es conomic sense? ing in poverty than a mont Agreement and Implementation Plan” was NIPSA will continue to oppose the introduction of the decade ago, accord - published. reduced Corporation Tax and will push hard for the get ing to the founda - It will not come as a shock to NIPSA members and out clause to be implemented as the Fresh Start Agree - tion’s annual their families that the union believes this is not a good ment states that this will be subject to the NI Executive state-of-the-nation deal for its members, their families or the citizens of showing that its finances are on a steady footing. report. Northern Ireland. On the issue of welfare cutbacks, NIPSA has and re - Foundation head The key elements within the deal mean that 3,000 civil mains opposed to the introduction of the NI Welfare Re - Julia Unwin said: servants will still leave under the voluntary exit scheme form Bill, however our elected politicians have handed “The next generation and more public servants will also leave under other exit over the legislative process to Westminster and we have is being condemned schemes. This on top of a recruitment freeze in the witnesses the break-neck speed it was rushed through to a worse set of cir - NICS and other areas of the public sector will mean that both Houses. cumstances in which the public service is set to loose 20,000 public sector Alison Millar, General Secretary Designate said: “It to live, work and jobs. This cannot be good for the local economy of beggars belief that after 10 weeks of negotiations that raise a family. Northern Ireland as the salaries from these lost jobs will we are left with large scale job losses, a welfare system “This year’s report reveals that a large not be there to spend in the economy. Young people will that will mean many out of work families will fall further proportion of young face further difficulties in finding a job and many of them and further into debt and despair. people are being will leave Northern Ireland…never to return. “The mitigation, which has been promised will be short locked out of the op - As highlighted elsewhere in this edition of NIPSA term and appears to be little different than the Stormont portunities they need News – we have seen further announcements of job House Agreement of 2014.” to build a secure fu - losses in the private sector – so much for the mantra of Ms Millar added: “Professor Eileen Evason and her ture — a secure growing the private sector to get Northern Ireland work - panel have now been left to come up with a formula or home, a job that ing. This is a false promise and is not sustainable. proposals regarding the mitigation, so the politicians pays the bills and As well as the continued borrowing of the £700m to have again handed over this complex work to a group of the chance to get on shed 20,000 public sector jobs there is the well-trailed experts who, while I am sure will do a reasonable job – in life.” issue of a reduction in Corporation Tax to 12.5%, which they cannot make the money stretch to ensure that no- A government is supposed to attract jobs to Northern Ireland. There one would be worst off, which was the reason given by spokesman snarked: are numerous studies, which confirm that this is unlikely Sinn Fein for pulling out of the first deal. “Work is the best to be the case. What is certain is that for the first four “This is not a good deal and members should be route out of years the NI Executive will have to pay direct costs of re - aware of this. NIPSA will continue to lobby and hold our poverty.” duction in UK revenue. Conservative estimates are that politicians to account.” NEWS Page 5 Why Northern Ireland needs a real fresh economic start

Deal done: First and Deputy First Ministers, Peter Robinson and Mar - tin McGuinness, announce the Fresh Start pro - gramme after their parties, the DUP and Sinn Fein, agree to opt out of taking re - sponsibility for cuts to welfare in NI

While economic recovery is evident in both duties will not be retained within Northern Ire - jurisdictions there has been a worrying ac - By Tom Healy, Director of NERI land (see paragraph 6.2 of ‘Fresh Start’). celeration in job losses in Northern Ireland 6. The so-called ‘behavioural costs’ of reduc - with some very significant losses expected impact of the recession over recent years. ing the corporation tax rate in Northern Ireland in JTI Galagher and Michelin Tyres, both in Moreover, there has been a significant in - (the loss in UK government revenue as a re - Ballymena as well as 100 job losses in the crease in precarious work as well as a long- sult of companies relocating from Britain to US Engineering company, Caterpillar. term trend towards wage inequality well Northern Ireland as a result of a lower tax rate Reflecting trends elsewhere in the retail sec - documented by researchers. in Northern Ireland) will be reviewed in 2022. tor, Dunnes Stores have announced a closure The indication or agreement to cut the head - In other words, there is no guarantee that this of part of a store in Belfast. In recent weeks, line corporation tax from its current level of particular potential gain for Northern Ireland Bombardier has announced 20% cost reduc - 20% to 12.5% in the case of Northern Ireland will be retained for use in Northern Ireland by tions next year which will have significant im - is not as clear or certain as might be thought. the Executive. plications for staff including agency workers To start with, the document (A Fresh Start – 7. A report in the Irish Independent (‘Scotland employed by them. HM Revenue and Cus - The Stormont Agreement and Implementation and Wales push to be allowed compete on toms have announced office closures in Plan https://www.gov.uk/government/news/a- tax’) suggests that, not surprisingly, Scottish Craigavon, Derry, Enniskillen, Lisburn and fresh-start-for-northern-ireland ) is vague on a and Welsh politicians will press for similar tax Newry while services will be centralised in one number of key issues including the following: devolution in their jurisdictions. of its Belfast offices. 1. The amount of revenue lost as a direct con - Taken together with corporate tax competition Taken together, the continuing haemorrhag - sequence of cutting the headline rate is not across Europe and the world Northern Ireland ing of jobs in manufacturing, the pressure known. It could be anywhere in the region of is at risk of joining a slow race to the bottom from low-cost stores and online business as £200-£300 million per annum in a full year with implications for local public services and well as the tightening noose on public sector once the rate has been cut. this against a background of self-defeating employment will impact on the Northern Ire - 2. The timing of the cut is not entirely clear – competitive advantage as others get in on the land economy more than other areas of the the document seems to indicate a one-off cut act. UK. in April 2018. However, this could be phased 8. Finally, the administrative and compliance Moreover, areas outside Belfast such as in over a number of years (see below). costs of implementing a differential tax regime Ballymena are likely to take a disproportionate 3. The cut in the tax rate is conditional on the for corporations in Northern Ireland have not hit with implications for local demand and Executive taking ‘all the actions necessary to been considered or quantified. Given that ana - business. The absence of a coherent strategy demonstrate that its finances are on a sustain - lysts do not know the extent of corporation tax to develop local manufacturing enterprise is able footing for the long term including suc - actually paid at the present time in Northern not helping. Finally, UK fiscal austerity policies cessfully implementing measures in the Ireland how easy will it be to separate out and withdrawal of tax credits and welfare re - Stormont House Agreement, this Agreement profits earned on trading activities in Northern form will impact adversely on the North. and subsequent reform measures’ (paragraph Ireland in the case of companies operating While the unemployment rate, in Northern 1.18 of the ‘Fresh Start’). Paragraph 1.18 across jurisdictions? Ireland fell to 5.9% in the quarter ending Sep - could, therefore, be interpreted as a ‘get out’ Identifying company profits at national level is tember of this year, the employment rate de - clause if the UK government considered already extremely challenging for tax authori - creased to 67.9% compared to 68.5% a year Northern Ireland’s public finances to be not in ties and government statisticians alike never previous (the latest UK estimate is 73.7%). order. mind at regional level. The youth unemployment rate in the North 4. It is clear that any loss in corporation tax In summary, the proposal to cut the headline was 18.1% compared to 13.3% for the UK as (for example by £200-£300 million per annum) corporation tax rate is unclear with respect to a whole. has to be made good by means of an equiva - its timing and implementation and the claimed Data on gross hourly earnings in Northern lent reduction in the UK ‘Block grant’ (this is benefits to Northern Ireland including the im - Ireland were released in mid-November. They the money that Westminster transfers to plications for Northern Ireland public finances show a very significant recovery in wages for Northern Ireland to cover day-to-day and capi - leave more questions than answers. the year ending April 2015 in Northern Ireland. tal spending by NI departments). This is to en - This is why it is time for fresh thinking on a Average weekly earnings rose by 5.4% over sure compliance with the ‘Azores criteria’ – new departure for public policy and enterprise the 12 month period with an increase of 6.7% that governments cannot give direct state aid policy in Northern Ireland with a long-term in the private sector and 1.6% in the public to regions. strategy to invest in skills, management, re - sector. 5. The so-called ‘second round’ effects of search and capacity building. All of these developments are positive but changing corporation tax via additional income The NERI will be devoting attention to these still far short of what is needed to reverse the tax, national insurance and VAT and excise areas in 2016. Page 6 NEWS We need to fight

THE health, safety and welfare of N members must remain a top priority safety conferthe uenion was thne clear mecssage co from delegates who attended the si nual Health and Safety Conference City Hotel in Derry/Londonderry in ber. The theme of this year’s conference w ‘Austerity and its impact on the Hea Safety and Welfare of Workers’ . In his opening address, General Sec Brian Campfield warned delegates tha health and safety of members would n vive another five years “if we don’t figh reclaim the health and safety agenda, cate, organise and agitate to make wo safe.” He continued: “If we don’t there will health, no safety, and no justice at wo us, our children and their children. An five years of draconian cuts risks setti stone the rowing back of all that was h won by generations of workers and the unions fighting together for the good o workers.” Commenting on the scale of job cuts public sector, he said: “These job loss not only damaging public services and economy, but are putting untold press the staff left behind. Clearly it is not p to continue to deliver the same level o ity of service with fewer staff.” Mr Campfield said it was essential th maining staff were not forced into a po of taking on unacceptable workloads.

“He insisted the union would be pres for the “fullest consultation” with Mana ment Side “in each employment area” sure staff “not placed in an intolerable situation”. Flagging up “potentially significant th to health” of remaining members of sta added: “The prospect of increased lev stress is self-evident. It is probable th incidence of sick absence, a matter w already giving management cause for

NEWS Page 7 back, health and

IPSA cern, will increase and this in turn could have support members. Guide to Dignity at Work’ which provides y for a negative impact on morale and the delivery Noting in particular proposals that would valuable advice. (Copies are available at c omeing of servdices.” elegrestrict thea time availatble to heealth and ssafety w wwt.nipsa.oorg.uk/nipsla-in-ad ction/equal- xth an - Mr Campfield called on NIPSA Health and reps carrying out their duties, he vowed: opportunities/dignity-at-work ) at the Safety representatives to ensure they moni - “Fighting this Bill is a top priority for the TUC Hilda Palmer, of Greater Manchester Haz - Octo - tor developments with a view to making sure and we will defend the right of health and ards, presented the workshop session on that the health and safety of members is not safety representatives at every stage.” poverty and health. She looked at the causes was jeopardised. Tommy Wright, from the Labour Relations of poverty and its impact on health before alth, Keynote speaker Hugh Robertson, of the Agency, delivered one workshop session on turning to what union reps could do to con - TUC, gave a brief overview of the health and sickness absence and employee rights and front the issue both in the workplace and out - cretary safety situation in Britain since the May elec - identified the main issues union representa - side of work, at branch level and in the wider at the tion. tives could hope to influence in the work - community. not sur - He told delegates: “The Conservative Man - place. Each workshop came up with a slightly dif - ht back, ifesto said that they would cut a further £10 The various forms of absence allowable ferent perspective but overall delegates edu - billion of ‘red tape’. What does this mean in under legislation and contractual provision agreed on the political construction that lay ork practice? It is unclear where else they can were set out. Mr Wright then spoke about behind poverty – low wages, neoliberal aus - actually cut. the management of sickness absence as a terity policies, the dismantling of the welfare be no “Certainly there have already been a series conduct issue and explained that this tended state and the social security net as well as rk, for of deregulatory measures such as removing to relate to frequent short-term absences the assault on public services. nother some self-employed from the Health and which was usually of most concern to em - Emphasis was placed on challenging the ng in Safety at Work Act. Were more changes pro - ployers. ideas that the poor are responsible for their hard posed or would they instead continue to re - He suggested that reps emphasise suc - own poverty and ill-health with the simple eir move Approved Codes of Practice and cut cessful advocacy for members facing discipli - point that “austerity kills and makes us sick”. of all back on guidance?” nary problems which would focus on Looking at the impact poverty had on Turning to the issue of HSE and Local Au - separating the idea of short-term absence health produced an alarming list of damaging s in the thority funding, Mr Robertson pointed out that from a disciplinary context to a corrective effects – ranging from prenatal to old age – es are all government departments had been asked context. caused by poor diet, poor housing, air and d our to make plans for up to 40% cuts. The other principal area was the manage - other environmental pollution, unequal work ure on He warned that there was “no way” the ment of sickness absence as a capability exposures, effects on education and ossible HSE could continue to function as it had issue – more likely to be an issue involving a prospects. of qual - done in the past if it had to implement cuts of long-term medical context. The impact of the “toxic soup” of chemicals that scale and outlined for delegates what Mr Wright explained that union representa - in which we live and work has on our current hat re - some of the scenarios if the cuts were intro - tives have multiple opportunities to influence and future health and the fact that it falls osition duced. members’ interests in this context including most heavily on the poor was also high - Mr Robertson flagged up how local author - at the points of employee consultation, med - lighted in the session. ity inspections had already fallen by more ical opinion, access to medical records, alter - Discussions centred on the major work ssing than 95% in the past five years. native employment options, reasonable causes of ill-health, such as dust, chemicals, age - He expressed concern over the lack of an adjustments, and rehabilitation arrange - stress due to long hours, excessive work - to en - occupational health agenda on issues such ments. loads, bullying and harassment as well as as stress and musculoskeletal disorders and All of these issues were indicated as areas punitive sickness absence schemes and noted that though this was partly due to the through which union reps could influence musculoskeletal disorders. hreats cuts, there was much the HSE could still do members’ best interests and each one was It was agreed among delegates the NIPSA aff, he but did not. explained as an opportunity to defend or pro - should campaign loudly and effectively vels of The level of interaction with unions and tect a member. against low pay, for a living wage, against at the employers’ bodies had also fallen drastically, Patricia Coulter, also from the Labour Rela - austerity and other neoliberal policies (such hich is he added, with many joint bodies being tions Agency, delivered a workshop session as deregulation of health and safety laws), con - wound down. dealing with bullying and harassment in the that make us, and keep us, poor, and un - Europe was, he told delegates, crucial to workplace. healthy. health and safety provision given attempts by This sensitive and complex issue was ex - Delegates also called on the union to use the UK to change the current treaty as well plained against the impact austerity meas - members’ stories and evidence to win the ar - as staging a referendum on continued EU ures have had on employment relationships. gument with the public about the need for membership in 2016 or 2017. The presentation began with the definitions better protection at work. “A review of all [EU] directives starts in of bullying and harassment, acknowledging And it was agreed that wellbeing and re - 2016 and some proposed directives have al - both their similarities and differences from a silience programmes should be rejected in ready been scrapped. However, an evalua - practical and legal perspective. favour of legally required collective preventa - tion of the current directives has just been What lay behind poor behavour was out - tive actions. completed and it had been very positive.” lined, with a particular emphasis on the im - The conference understood the importance Mr Robertson also spoke about proposals pact staffing cuts and increased workloads of making the link between good jobs and de - to cut £12 billion from the welfare budget. had on relations within working environ - cent lives. “Industrial Injuries Benefits have already ments. And there was general agreement of the being reviewed,” he noted, “and there is a The session concluded with a focus on pol - need to work with other unions, other organi - fear the SSP could also be looked at – there icy and procedure and the key role played by sations and campaigns, in making common is already increasing pressure on occupa - trade unions in both influencing policy and in cause and acting in solidarity for the better tional health schemes run by employers.” supporting members. Internal resolution of is - world we want and know is possible. Concluding, he spoke about the implica - sues, where possible, was recommended as For further information: tions of the Trade Union Bill making it more best practice. www.nipsa.org.uk/nipsa-in-action/health- difficult for workers to take industrial action Throughout the sessions, there were fre - and-safety/latest-news-events/sixth-an - as well as for unions to recruit, retain and quent references to the NIPSA booklet ‘A nual-nipsa-health-and-safety-conference Page 8 NEWS Anger and concern

NIPSA members have expressed extreme involved in all decisions from the outset? ments to no compulsory redundancy. l disappointment and disillusionment at the Answer : Decisions on this are made by Is there a timetable for closure of HSCB? action – or rather inaction – of HSC man - DHSSPS so the BSO has advised that we Answer : BSO has not been advised of any agement in the wake of the November 4 an - should refer this question to the DHSSPS. firm timetable to date. The HSCB is not aware anouncemsent by H ealthH Minister SSimon CHSCB isB fully comm itted dto keepingi thes staff sof anoy definedl timvetable. ed Hamilton that the Heath and Social Care and their representatives fully engaged when l Board (HSCB) would be dissolved. and wherever possible. When will proposed structures be available l Assistant Secretary Kevin McCabe de - A communication strategy needs to be de - and who is leading on a mapping exercise scribed members’ concerns as “totally legiti - veloped to keep staff informed. across organisations? mate” and pointed out that on the day of the Answer: BSO agree and HSCB will do so Answer : When a timetable and programme announcement, NIPSA had challenged the also. DHSSPS has been advised of the need plan is available, the unions will be advised ac - move through the media, flagging up both the for good communications on these matters. cordingly. l l lack of consultation and lack of engagement. There will be a freeze on recruitment across How do you plan to deal with staff out on The union also accused the Minister of heap - all HSC organisations including Trusts? secondment? ing more restructuring and organisational Answer: HSCB has no authority in this matter Answer : Staff on secondment will be treated change on to its members and on to a HSC and BSO has raised this issue with DHSSPS. and engaged in the process as any other em - that was already “over-burdened and over- NIPSA may also wish to make this suggestion ployee. Some may find secondments not stressed”. as well. being renewed but this will be on a case-by- l NIPSA also claimed the Minister had failed to Staff to be TUPE’d across to the other or - case basis. When we get clarification on the deal with workforce planning issues and re - ganisations, with locations and bandings pro - HR principles to be used we will keep NIPSA minded him that staff had not yet received a tected instead of another RPA situation where and other staff-side organisations advised. pay rise for 2014/15 or for 2015/16. staff had to complete for their posts? NIPSA requested and has recently received Mr McCabe told NIPSA News: “The union Answer: At this stage you will be aware of the a Review of HSC Commissioning Arrange - fully acknowledges members’ concerns on this Permanent Secretary’s commitment that com - ments – the final report, dated October 2015, issue. NIPSA and other staff side organisations pulsory redundancies are not expected. HSCB which apparently was the genesis for the deci - will look at this in terms of the impact on staff. will operate in accordance with the protocols sion taken by the Minister to scrap the HSCB. “Driving this agenda forward will be of para - issued by DHSSPS which BSO would fully ex - Mr McCabe commented: “This is a detailed mount importance and dealing with the practi - pect will comply with the legislation be it TUPE document and will be given full and due con - calities of TUPE, location, part-time staff etc as or Transfer of Services Regulations sideration and its content will be shared with l well as developing a communications strategy The forthcoming decisions will have an im - members as part of the briefing sessions that for members. These are fundamentals that pact on pensions? NIPSA has set up.” need to be put in place.” Answer : BSO not sure on this point. Our un - Meanwhile, members have called on the NIPSA members are to be consulted at derstanding is they would not envisage a detri - union to challenge the “deplorable” depiction of grassroots meetings in Belfast, Ballymena, Ar - ment to anyone’s pension arrangements. If HSCB staff in both the media and in the As - magh and Derry that does become an issue, however, BSO sembly, in particular statements claiming a The union has also framed a number of would expect the DHSSPS to advise us and “lack of innovation” within the body and criti - questions directly to the BSO in relation to the we would keep staff fully advised and en - cisms about waiting lists. Minister’s announcement. These points are set gaged. Mr McCabe pointed out that waiting lists l out below… There will be no compulsory redundancies? were the responsibility of the Trusts, adding Answer : BSO would refer to the answer given that this depiction of poor performance l Will all HSCB staff, NIPSA and other staff at point 4 in relation to the comments made by seemed to be “politically convenient to attribute side organisations and their members be fully the Permanent Secretary regarding commit - to the HSCB”. Storey decision on transfer function is welcomed FOR some time, in the run up scheduled to take place in Mr Storey (pictured right), to the re-organisation of Local April 2015 when the 11 new while claiming that he still be - Government, it was the North - ‘Super Councils’ in Northern lieved it was important to have ern Ireland Executive’s inten - Ireland were created. local councils delivering local tion to transfer the work – However, as issues relating solutions, indicated that he currently being done by staff in to the Regeneration Bill had wanted to consider the policy the Department for Social De - still not been sorted, it was de - afresh. velopment (DSD) on urban re - cided that the transfer of the Tony McMullan, the NIPSA incurred has been wasted at a generation and community function would not take place HQ Official with responsibility time when the public sector is development – to local coun - until April 2016. for DSD, described the move increasingly under attack due cils. This has caused consider - as “a welcome decision by the to funding cuts.” When this was originally able anxiety and stress to the NI Executive”, which he said Mr McMullan added that raised, it looked as if staff staff, who provide a wonderful meant that staff would “at last NIPSA members in DSD would would be transferred along service to communities. know what is to happen to the at last be “content to know that with the work and the function, On November 25, Social De - regeneration work”. their futures – for the time but this was changed some velopment Minister Mervyn He told NIPSA News: “It is being – are going to remain as time later so that only the func - Storey announced in the frustrating that the amount of civil servants in DSD doing the tion and the necessary finance Northern Ireland Assembly that work that has gone into the great work that they have been would transfer from DSD to it had been decided not to pro - proposed transfer of the func - renowned for. Hopefully, this District Councils. ceed with the Regeneration Bill tion, the Regeneration Bill and will continue for many years to That had originally been at this time. the unnecessary expenditure come”. NEWS Page 9 General Secretary results...Scrutineer’s report Alison Millar received 56% of the votes Number of ballot papers returned: 11,339 RESULT: cast and Patrick Mulholland received 44%. Number of papers found to be invalid MILLAR, Alison...... 6,352 The scrutineer has reported in the follow - (blank/spoilt): 29 ELECTED ing terms:- Thus, total number of valid papers to be MULHOLLAND, Number of ballot papers despatched: counted: 11,310 Patrick...... 4,958 44,742 Eliminate the scourge of

TRADE union confederations women was assaulted by some - avcrossi theo EU halve emarkedn No - cone ferom wo rka – a sugpervisoar, inst women vember 25 – the International clolleague or customer. Day for the Elimination of Vio - Up to half of women in Euro - lence Against Women – with a pean Union countries experience pledge to combat violence unwanted sexual advances, phys - against women, whether at the ical contact or other forms of sex - workplace, in society or at ual harassment at their home. workplace. And the ICTU marked the day Describing these EU-wide sta - by calling on the NI Executive, tistics as “shocking”, ICTU Equal - employers, trade unions and civic ity Officer Clare Moore pointed society to work together to put an out results from a survey con - end the scourge of violence ducted by ICTU flagged up how Pictured (l-r): Bridgeen Rutherford (Equality against women. domestic violence had a “huge Congress further called on the impact on the workplace in North - Officer Branch 734); Janice Walsh (ULR); Eileen NI Executive to deliver the long- ern Ireland”. Webster (Chair branch 734); Ann McConnell awaited Stopping Domestic and She told NIPSA News: “A third (Director of HR WHSCT); Deirdre Mahon (Western Sexual Violence and Abuse Strat - of survey respondents had experi - egy and to pledge to fully re - enced domestic violence with Area Domestic Violence Partnership) and Marie source organisations working to more than 40% of those reporting Brown (Foyle Women’s Aid) prevent gender-based violence that it affected their ability to get and support and protect victims. into work for reasons including The shocking facts are that threats, physical injury and re - many people said that their part - workplace and at home – includ - ner physically turned up to their ing working with employers to de - alcross Europe: straint. One in three women has been “They also reported that the workplace.” velop collective agreements and a victim of physical and/or sexual abuse continued at their work - Trade unions have a track workplace policies that offer ac - record of action against violence tion and support for victims of vio - lviolence. place including being harassed Just over one in 10 of those through phone calls and emails, against women – both in the lence.

NHORiTsHEtRoN rIreilcan dv is othet oenly raegsion imn theajority of MLAs supporattiv eE attqackus oan thle fMundaamerntrali faar-rgighe t nay- UK and Ireland not to extend marriage By Dáire Toner sayers to one that is positive based around hu - rights to same-sex couples . manity, love, equality and values. Many couples from the North are travelling introduction of same-sex civil marriage in “The current campaign has a multi-layered across the border to the Republic of Ireland, Northern Ireland, enshrining it as NIPSA policy. strategy involving legislation in the Assembly, where same-sex civil marriages became legal NIPSA’s stance on Marriage Equality is un - addressing the Petition of Concern and its on November 16, 2015, to fulfil, what should equivocal. A position reiterated by the newly abuse, supporting the legal cases currently be in Northern Ireland for same-sex couples, a elected NIPSA General Secretary, Alison Mil - being heard in the courts, engagement within fundamental civil right of marriage. lar. the LGB&T communities and winning the Following four previous failed attempts to in - The Marriage Equality Campaign in Northern hearts and minds of the wider general public troduce equal marriage in Northern Ireland, Ireland has been reinvigorated following the through a programme of education.” Monday, November 2, 2015, saw the majority momentous victory to legalise same-sex civil He continued: “It has to be said that there of MLAs vote in favour, marking another key marriage in the Republic of Ireland and the must be a clear separation between Church moment and bittersweet victory for the LGB&T 20,000 citizens who came on to the streets in and State in the formation of legislation. We communities and their allies. Belfast on June 13, 2015 calling on the North - must remind our politicians of this fact and to Unfortunately, the DUP tabled a Petition of ern Ireland Assembly to follow suit. act on the majority views of the citizens of Concern that doomed the equal marriage mo - The trade union movement, through the Irish Northern Ireland. tion to failure and yet again highlighted the Congress of Trade Unions, has joined forces “I have confidence that we will achieve the continued abuse of this facility by political par - with the LGB&T sector organisations and legalisation of same-sex civil marriage and I ties. Amnesty International as part of a consortium have every confidence in the NIPSA LGB&T Although the motion failed, the symbolism of in an effort to bring about same-sex civil mar - Group, on behalf of NIPSA, to lead the charge the majority of MLAs voting in favour is historic riage to Northern Ireland. within our union. in its nature as they have come to acknowl - Members of the NIPSA LGB&T Group are “Through our campaign strategy we will aim edge and accept the views of the majority of key players within this consortium. NIPSA to reach all our members through various com - citizens and they recognise that attitudes are LGB&T Chair, Dáire Toner, recently attended munication platforms and though events and slowly changing. meetings in Dublin, as part of the consortium, specific campaign action. The NIPSA LGB&T A recent poll, conducted by Ipsos MORI with various groups from the Yes Equality Group will continue to play an active role within found that 68% of adults in Northern Ireland Campaign in the South. the NI Marriage Equality Consortium.” support the right for same-sex couples to Dáire Toner told NIPSA News: “The cam - The NIPSA LGB&T Group is open to all marry. This is an increase from 57% in a simi - paign for legalisation of same-sex marriage in NIPSA members and if you would like to join lar poll conducted in 2013. the North is more important now than it has our group or if you would like to receive infor - Human and civil rights are one of many ever been. mation, please email areas at the core of NIPSA’s raison d’être. “In order to achieve this fundamental civil [email protected] stating your prefer - NIPSA delegates at the 2013 NIPSA Annual right for same-sex couples, the focus of our ence. Delegates Conference voted in favour for the campaign must shift from one of constant neg - Page 10 FINANCIAL AND LEGAL NEWS

NIPSA members in 2015 have once again not qualify for Legal Aid – have the peace of mind family members of those with NIPSA member - Npassed thIe miPlestone oSf £1.25 mAillion in cosm - eto do so, cdue to thuis legal furnding.es sohip. It covvers all eof the legral cost s, s£ubject to 1ap - pensation for personal injury cases brought NIPSA’s solicitors – McCartan Turkington proval, in pursuing their case and, as such, gives by members of the union and their families. Breen – have great deal of experience in acting members peace of mind knowing that NIPSA will These cases were supported by the NIPSA on behalf of members of the union. It is a partner - pay for all costs, which can run into thousands of Legal Assistance (Personal Injury) Scheme which ship which continues to bring a welcome relief to pounds, to pay for items such as medical assess - can be accessed by NIPSA members and their NIPSA members at a time of continued pillaging ments, engineer’s reports and barrister’s opinions families, who have been injured due to the negli - of the Legal Aid budget which restricts access to if the case is unsuccessful or is withdrawn.” gence or breach of statutory duty of their em - justice to only those who can afford to pay for it. Viv Harty, Partner at McCartan Turkington ployer or another party. NIPSA is proud of its defence of access to jus - Breen, told NIPSA News: “The level of compen - The scheme has been a big success story for tice by its continued funding of the Legal Assis - sation we have been able to recover for NIPSA NIPSA members. Every year members – who tance (Personal Injury) Scheme. members, who have made use of the free Legal would not normally be able to afford to take the A union source said: “The Legal Assistance Assistance (Personal Injury) Scheme over the risks of bringing legal proceedings as they would (Personal Injury) Scheme covers members and last number of years and in particular the past 12

THE Small Claims Court is a ter is generally then listed before pTart of hthe Coeunty CoSurt and mall Claims Courtthe Juidgne sittin g inN the SmI all sits throughout Northern Ire - Claims Court. land . Both parties will be advised of It deals with certain civil dis - the court date and will be required putes between parties with a max - to appear in Court and give evi - imum value of £3,000. dence before the Judge. Again I The types of cases that the must remind you that solicitors Small Claims Court generally rarely deal with these matters be - deals with are vast and include fore a Court. However, if either simple debt actions: (Mr A gives party wished to instruct a legal Mr B a loan of £1,500 and wants Chancery House, 88 Victoria Street, Belfast BT1 3GN By James Fay representative they are entitled to this repaid); claims for faulty Tel: 029 9032 9801 www.mtb-law.co.uk do so at their own cost. goods (Mrs C purchases a new After the Judge listens to all of washing machine from Mrs D that legal costs and expenses which claim application and by paying the facts and evidence as given breaks down and she wants it on many occasions can outweigh the court fee (this ranges between by both parties (to include wit - fixed or replaced or a refund); the amount in dispute. £30 and £100 depending on the nesses in many cases) and a de - property damage (Mrs E knocks The Courts and Tribunal Service amount in dispute.) The party who cision has been reached, the over Mrs F’s grandfather clock of Northern Ireland for this reason initiates the claim is referred to as Judge will either make a decree in causing damage and she wants have made the Small Claims the Applicant. favour of the Applicant (stating money to fix it); and claims for Court process more user-friendly The small claim application will that the Applicant has been suc - faulty workmanship (Mr G gets Mr and allow for claims to be submit - have to be accompanied with a cessful and is owed whatever H to paint his house but says it ted online via its website formal outline of what your dispute amount of money the Judge has hasn’t be painted properly and he (http://www.courtsni.gov.uk/engb/a is about and include supporting decided upon, this award will also wants his money back or the boutus/usefulforms/smallclaims/P evidence if possible. The Appli - include the amount of the Court money for the issue to be recti - ages/SmallClaims.aspx). Applica - cant is also able to claim for inter - fee incurred by the Applicant to fied). These are just common ex - tions can also be made by hard est. amples and the list is endless. bring the small claim) or the copy. Upon accepting the small claim Judge will dismiss the case There are, however, numerous Before anyone lodges a small application, the Court will then types of cases that are excluded (meaning that the Applicant hasn’t claim; they should satisfy them - send a copy of the claim to the been successful in convincing the from being brought in the Small selves that if they are successful other party who will be known as Claims Court regardless of their Judge that they are entitled to any in their claim; that the other party the Respondent. award.) value being within the limit of will be in a position to satisfy any The Respondent will then have Depending on the decision of £3,000; for example road traffic award that is made against them. a specified time to deal with the accidents, personal injury claims, If they are not, the person who is small claim that has been served the Judge, either party has a right defamation matters and property taking the claim would have to go on him/her. The options available to appeal. However, this is a very titles disputes. These are only down the route of enforcing are to settle the claim in full, admit limited right of appeal and can some of the exceptions given that Judgement via the Enforcement of liability but dispute the figures in - only proceed by way of appeal if this article is just a general over - Judgements office which can add volved, dispute liability in full, there is some issue regarding the sight on small claims. to further expenses and delays in enter a counter claim or totally ig - Judge’s application of the law, as The Small Claims Court is not settling the matter in full. nore the claim. Given the vari - opposed to the Judge just not dissimilar to the other Civil Courts As this is a whole different topic ables involved; this article will just agreeing with one party over the in Northern Ireland but it is gener - I will not go into any further detail focus on the scenario in which the other. ally more informal and individuals in this regard. Suffice to say that Respondent disputes liability in Given the wide scope of the quite often represent themselves sometimes monies may not be re - full. small claims process it is impossi - as opposed to instructing solici - covered even though you have When this happens the Respon - ble to give a full and comprehen - tors. The main reason for this won the case. dent formally confirms to the sive guide to the Small Claims most often is that regardless of Depending on the amount in Court that they do not accept the Court and this article should only the outcome of the case; each dispute a small claim can be case before it as set out in the be used as a general guide to party will have to pay their own lodged by completing a small small claim application. The mat - same. Visit the union’s website for all the latest updates at: @nipsa http://www.nipsa.org.uk FINANCIAL AND LEGAL NEWS Page 11

months, is a vindication of the members’ rights is easy to access and requires the completion of A union source told NIPSA News: “The benefit mand of NIPS A.” for una Foirm LoS2, applicnation form wmhich is availabele mof an experiebnced soliceitor, whor is knoswledgea ble She added: “The fact that the scheme is free to on the Membership Services section at of claims against NIPSA members by employers, NIPSA members provides them with an invalu - www.nipsa.org.uk cannot be understated. For zero cost, NIPSA able benefit should they find that they are injured Once the form is completed, it should be sent members have access to justice and the protec - in an incident that was not their fault.” to the Executive Officer (Membership & Legal tion of the law that with NIPSA membership is not The Legal Assistance (Personal Injury) Scheme Services) at NIPSA Headquarters. A free consul - reserved to the question of whether you can af - is not limited to work-related injuries and covers tation will then be arranged with a solicitor at Mc - any personal injury suffered as a consequence of Cartan Turkington Breen who will assess the ford it. the fault of another, and includes hearing loss merits of any case and advise NIPSA accordingly “NIPSA membership guarantees the right to ac - cases, medical negligence, industrial disease, for appropriate authority to pursue a case for cess to justice and it is strongly recommended slipping accidents as well as road traffic accidents compensation. that members of the union make use of this bene - etc. Claims for personal injury must be pursued fit which is clearly evident from the recovery over The Legal Assistance (Personal Injury) Scheme within three years of the incident arising. £1.25 million in compensation.”

BWHILEe the f‘irswt half iofn Novtemeberr wa s rthe eady’ with AbbeyIf i n Idonubt, tsurn ouff yorur aelectnricityc at thee ma! ins. second warmest since records began, re - If you’re affected by escape of water and need cently we have seen temperatures plunging help and advice on making a claim with us, we’re throughout the UK and the first snowfall of here to help. the season for some parts of the country. Before calling, please have your policy and as With the colder weather also brings the threat many details of the damage as possible to hand, of frozen pipes. According to the Association of as this will speed up your claim. British Insurers (ABI), the average claim for a You can call us on 08000 66 55 44 and our burst water pipe is between £6,500 and £7,500. claims service is open 24 hours 365 days a year. In the last big freeze during the winter of 2010- Home owners should always be cautious when 11, where December was the coldest on record, undertaking any DIY task that they aren’t familiar there were over 100,000 claims for burst pipes at with as they could injure themselves or anyone a cost of £680 million. around them. Seek professional help where re - Now is a good time to make sure that you quired. have taken steps to ensure that your home is as Policyholders should be aware that it is a con - protected as much as possible against any dam - dition of all house insurance policies that they age that could be caused by the cold weather so ble. Look at lagging pipes to conserve heat too must try to prevent loss or damage occurring that you don’t have to make a claim. land take care if they’re outside or in the loft. and keep their property in sound condition and The ABI said: “Every winter, freezing tempera - Make sure you know where your stop tap is so good repair. tures catch people out. Prevention is better than that you can quickly switch the water off if a pipe cure and now is the time to take a few simple bursts. steps to reduce the risk of facing the trauma of Home emergency cover… frozen or burst pipes this winter.” Holiday and weekend breaks… Abbey suggest some useful hints to ensure Our Home Emergency policy is an additional you don’t get caught out this winter: l level of cover which operates 24 hours a day, If you’re away visiting family or friends or off 365 days a year and there will always be a mem - on holiday, we recommend keeping your heating ber of our team ready and waiting to provide as - Cold weather code… lon low, just in case the temperature should drop. sistance to you whenever you need it most. l If you do leave your heating on, open your loft This great value product provides assistance Check that the heating in your property is in hatch so that warm air can get to your pipes. to repair damage or prevent further damage to good working order, and if you have an open fire, l If you don’t want to leave your heating on, your home, making sure your home is safe and whether the chimney should be swept. l drain the whole system and turn water off at the secure. Check your loft insulation is the recommended lmains. The policy covers up to £500 per incident, to ldimensions and still in good condition. Get a friend, relative or neighbour to keep an Repair any dripping taps and leaking radiator cover call-out charges, parts and labour, there is eye on your property every day. no excess to pay and using it will not affect your lvalves. Repair loose roof tiles and slates to reduce the no claims bonus on your home insurance policy. risk of them falling off and check and clear your What to do if you have From as little as £30 , Abbey Insurance will pro - an escape of water… vide assistance for: boiler breakdown*; plumbing glutters. Check windows and window frames are firmly and drainage failure; burst pipes; roof damage; fixed and with no possible gaps for rain to pene - There are a number of steps you can take be - home security problems; power supply failure; trate. fore calling in professional help. Turn the main lost home keys; and toilet damage stopcock off immediately – familiarise yourself To get a competitive home insurance quote, or with where it is situated – it’s often under your to add this additional level of cover to your home How to prevent damage kitchen sink. Open cold taps and flush toilets to insurance policy, call us today on 08000 66 55 from burst pipes… empty water from the system, switch off the cen - m44 and quote your NIPSA membership number. l tral heating and don’t touch any wiring or Exclusions and Terms and Conditions Insulate water tank and pipes wherever possi - switches that you think may have been affected. apply.

BHUGEu numlberls oyf peoiplen are g i20s,000 ccalls reolated sto bultlyinig annd g AcUas is Kurging b£usines1ses 8to takbe n“C allaers to oyur heelpline ahave r expe - being bullied at work, costing harassment in the past year. action, saying the problem costs the rienced some horrific incidents Britain’s economy £18 billion, Some callers said they were con - economy £18bn every year in ab - around bullying that have included damning findings show. sidering suicide because the bullying sences, staff turnover and lost pro - humiliation, ostracism, verbal and Women, ethnic minorities, LGBT was so bad, the service said. ductivity. physical abuse. people, those aged 40 to 59 and dis - Others feared going to work or said “Our analysis reveals that bullying “But managers sometimes dismiss abled people are the most likely tar - their home life had been tarnished, is on the rise in Britain and it is more gets to suffer abuse at work, two while fearing retribution if they spoke likely to be found in organisations accusations around bullying as sim - separate studies into workplace bul - out. that have poor workplace climates ply personality or management-style lying revealed. Managers often just move staff where this type of behaviour can be - clashes, while others may recognise Conciliation service Acas said its around rather than deal with bullies, come institutionalised,” said Acas the problem but lack the confidence helpline has been swamped with according to the research. chairman Brendan Barber. or skills to deal with it.” Page 12 NEWS

Handbook Diary Don’t funnel &2016 extra funding Incredible value at only NIPSA, while welcoming the an - These comments were echoed by tnouoncem enpt that r£48im vin adadi - teNIP SA sAssisetant Seccretatry oKevin rMc - tional funding will be used to cut Cabe who pointed out that the extra NHS waiting lists, has cautioned that the extra money should not go allocation of funds fell well below what to the private sector. is needed to fix the problem. NIPSA General Secretary (Desig - He said that the HSCB had calcu - £1 nate) Alison Millar said: “I am very lated that an estimated £89m “was O Handy pocket size concerned that such monies would be needed to put things back on sched - O Full of information channeled through to private sector firms such as 352 and/or private con - ule”, adding: “This is further evidence Order now from sultants – with a view to getting a of how budget restraints are crippling your Branch short-term remedy, whereas any addi - much-needed cash investment within Secretary! tional funding should be targeted the NHS to deliver a basic standard of wholly within the NHS to improve the infrastructure and the necessary im - care.” provements required within the serv - Some 9,000 NIPSA members work ice.” in the Health and Social Care sector.

Ref A4_0027 Shortage of workers threatens Join NIPSA LGB&T Group IF you are interested in of the Group have been qSOuCIAaL clairte yfac eos af s hsortofallc of ial cwoarkinrg ein t hei nsec toUr. K workers growing to almost a mil - joining our LGB&T Group, formulated around the “Without action, there is a real risk lion people in 20 years’ time, a of care services worsening as please complete the appli - principles of equality, in - charity has warned. cation form below or join clusiveness, raising providers fail to fill job vacancies and Independent Age (IA) said that, staff struggle to cope with increasing confidentially by calling awareness, enabling ac - even by the end of this parliament, our direct line on 028 tivism, holding employers demand,” said IA policy director 200,000 extra care workers would be Simon Bottery. 90686566 or email to account, ensuring con - needed — around twice the vacancy [email protected]. fidentiality and a safe en - rate of Britain as a whole. Almost one in five adult social care NIPSA’s LGB&T Group vironment for the Group. The charity blamed both immigra - workers (18.4 per cent) in England is open to both LGB&T Strict confidentiality pro - tion curbs and a failure to attract was born outside Britain. members and non-LGB&T cedures have been put in British workers to the industry, saying Non-EU citizens account for the members. The objectives place. that the figure would grow if efforts largest percentage of migrants work - were not made to recruit more over - ing in adult social care — around one seas staff and retain those already in seven care workers.

NIPSA’s Union Learning Project Co-ordinator Roisin Graham and BUHSnCT UiLoR Cnhar loltete Paollrocnk, piicnturegd w iath mte mBberMs atteC nding the Essential Skills courses at Belfast Metropolitan College. If you are interested in joining one of the courses available then contact Roisin at [email protected] or phone the BMC.