date: 25 June 2015 2015 TUC LGBT Conference Agenda Contents 5 Motions 1 Organising LGBT workers in fragmented workplaces UNISON Amendment Unite the Union 2 Monitoring Union of Shop, Distributive and Allied Workers 3 LGBT workplace bullying and harassment in the health sector Society of Chiropodists and Podiatrists Amendment UNISON 4 Challenging LGBT Discrimination: Removing the Barriers Fire Brigades Union 5 End Discrimination in Survivor Pensions (See Composite1) Unite the Union 6 Equalisation of survivor benefits (See Composite1) NASUWT 7 Equal Survivor Benefits (See Composite1) FDA 8 Supporting LGBT Carers Association of Teachers and Lecturers 9 The high risk of homelessness 10 LGBT Private Rented Housing GMB 11 Young LGBT Workers and Mental Health Community 12 Mental health issues affecting workers in the creative industries Equity 3 13 Closure of LGBT Venues Musicians’ Union 14 LGBT Equality in the Arts, Media and Culture BECTU 15 Third Party Media Complaints National Union of Journalists 16 Tackling Homophobia in Football Communications Workers Union 17 A good local school for every LGBT young person National Union of Teachers 18 Support for Young Transgender People and Their Families Society of Radiographers 19 Gender Recognition Legislation in the EU Napo 20 International LGBT Representation RMT Amendment University and College Union Amendment Prospect 21 Union involvement in the Struggle for LGBT Rights University and College Union 22 TUC Equality Charter Mark PCS 23 Closer working with Stonewall Prospect Amendment RMT 24 Employment Tribunal Fees Chartered Society of Physiotherapy 4 24 Composites Composite motion 1Discrimination in survivor pensions (Motions 5, 6 and 7) Moved: Unite Seconded: NASUWT Supported: FDA 26 Guide for delegates and visitors 31 Constitution and Standing Orders 5 Section one 1 Motions 1 Organising LGBT workers in fragmented workplaces Conference notes that the historic invisibility of lesbian, gay, bisexual and transgender workers presented challenges for union recruitment and organising strategies. We now face new challenges: i) increasing fragmentation of workplaces; ii) more small employers and individual workplaces, many without union recognition; and iii) workers on individual or outsourced contracts, driving down terms and conditions. Conference acknowledges the challenges of giving workers scattered across diverse workplaces a strong sense of collective union identity. They may be unaware of the power of collective bargaining. Workers facing discrimination often fear to speak out. Conference believes the increasing confidence of LGBT people and communities provides new organising opportunities. Participation in a union LGBT group can unite members around a shared identity and purpose, encouraging them into activism. Conference calls on the TUC LGBT committee, working with affiliates, to: a) reinforce the message about the importance of collective bargaining amongst LGBT workers; b) promote LGBT self-organisation as a strategy for union recruitment and organising of workers in fragmented workplaces; and c) identify and publicise effective resources to support this work and best practice in delivering it, bearing in mind the challenges of organising in workplaces without union recognition. UNISON 7 TUC LGBT Conference 2015 Amendment After paragraph 4: “Conference further believes that as trade unions we have the opportunity to build leadership among LGBT workers through providing customised education and mentoring including role models and case studies of how LGBT workers can become union reps, effectively organise in workplaces and build influence within union organisation”. New bullet point 4 4. develop union education materials for LGBT union leadership education programme Unite the Union 2 Monitoring Conference reaffirms its commitment to encouraging employer monitoring of sexual orientation and where appropriate, gender identity, provided key conditions are met. Conference welcomes the TUC guidance on this issue and agrees that safeguards need to be built into monitoring exercises to ensure their effectiveness and confidentiality. As EHRC Guidance ‘Beyond Tolerance’ makes clear ‘evidence is the key to making services reflect everyone’s experience and meet their needs’. Conference is concerned that staff monitoring is not always handled well. LGBT activists have expresses concerns over confidentiality, how data collected is put to use and the absence of meaningful outcomes. Unions play a crucial role ensuring employer schemes: i) guarantee confidentiality; ii) achieve real change for LGBT workers; and iii) maximise returns by encouraging LGBT workers to have confidence in schemes and persuading all workers why monitoring is important Conference asks the TUC to encourage unions to: a) raise the issue of monitoring and its purpose in rep training; 8 b) continue to work with employers to ensure employers consult LGBT workers, guarantee confidentiality and use collected data to make a real difference to LGBT workers; and c) support reps so that they feel more confident promoting a workplace environment conductive to being out at work. Union of Shop, Distributive and Allied Workers 3 LGBT workplace bullying and harassment in the health sector Over the past fifteen years conference has seen a growing recognition of the detrimental effects homophobia can have in the workplace resulting in legislative changes to greater protection of all LGBT workers; and the DOH working with LGBT organisations to try and tackle homophobic bullying and harassment health workers can face by their colleagues and patients. But despite these advances in tackling overt homophobia, further action needs to be taken to address the indirect homophobia/micro-aggressions LGBT workers can experience on a daily basis. Their impact is often poorly understood by heterosexual colleagues and is seemingly under-reported by the LGBT workers who are affected. Conference therefore calls upon the TUC to empower our members to report all instances of homophobia they experience and ensure our trade union representatives are well trained in acting as advocates of LGBT workers and place pressure on employers to adopt a visible zero tolerance approach to all forms of homophobia. Whilst campaigning for robust monitoring and recording of homophobic incidents within the health sector to ensure that LGBT health workers do not have to work in an environment where ‘low level’ homophobia is accepted as an inevitability of the job. Society of Chiropodists and Podiatrists Amendment After each ‘homophobia/ic’ add ‘, biphobia/ic and transphobia/ic’. Replace ‘heterosexual’ with ‘non-LGBT’. After ‘monitoring and recording’ insert ‘including via staff surveys, which currently ask no questions about transphobia,’ Add at end: 9 TUC LGBT Conference 2015 ‘Conference calls on health affiliates to organise LGBT workers, with targeted recruitment of LGBT members and engagement of LGBT activists, supporting and strengthening local bargaining.’ UNISON 4 Challenging LGBT Discrimination: Removing the Barriers LGBT conference notes that UK Law is clear in its prohibition of discrimination based on LGBT identity. Despite such legislation LGBT workers are becoming increasingly concerned at the lack of cases being brought in relation to LGBT discrimination. Even where legislation is in place to prohibit discrimination we are seeing attacks, such as the submission in Northern Ireland of the Freedom of Conscience Bill, which would allow discrimination of LGBT people based on religious belief. Conference notes the reduction by 70 per cent in the number of Employment Tribunal cases, due to the prohibitive fees imposed. This reduction does not reflect a lessening of discrimination in the work place, but that employers are more likely to get away with such activities. Conference is concerned that if employers feel they can get away without adhering to their legal obligations under the Equality Act, they are more likely to engage in activities that discriminate. Conference calls on the TUC LGBT Committee to compile a report for submission to LGBT Conference 2016, identifying the obstacles that LGBT employees face when legally challenging unlawful discrimination, with recommendations on a future strategy to campaign, challenge and break down those barriers. Fire Brigades Union 5 End Discrimination in Survivor Pensions (See Composite1) Conference whilst welcoming the Marriage (Same Sex Couples) Act finds it disgraceful that the Act failed to address the inequality that exists with regard to survivor pensions. 10 Conference notes the Act permits pension providers to discriminate against same sex married couples and those in civil partnerships. Same sex survivor benefits need only be calculated from 5 December 2005 following the introduction of Civil Partnerships. Conference is shocked and disappointed the review of survivor benefits did not recommend full equalisation of pension rights. Conference notes that a similar discrimination exists between widow and widower pensions. Within the private sector only pension contributions after 1990 count towards accrual of a widower's pension and service; after 1988 in the public sector. Conference believes Government should take urgent action to equalise pension provision for same-sex married couples, civil partners and widowers with the benefits enjoyed by widows. Conference calls upon the TUC to: i) make pensions equality a priority campaign; ii) engage with affiliated unions and other organisations to raise this issue with