Council staff threaten legal action over contracts

Council workers set to be fired and rehired on reduced hours have said they will seek a judicial review over the decision.

As many as 143 staff members at Worcestershire County Council are set to be dismissed from their current 37-hour contracts on Friday.

If they return to work, it will be on new 35-hour contracts. Unions say it amounts to a 5% pay cut.

Council bosses have estimated the change will save £500,000. They say it is both legal and fairer for the overall workforce.

Some of the workers affected have begun a group action and gave the Tory-run local authority until the end of Wednesday to offer an alternative resolution.

In a letter sent to Worcestershire County Council on behalf of about 30 staff members, barrister Lewis Power KC argued the council's decision was "unlawful... in bad faith... and procedurally unfair".

"The decision manifests as a pure pay cut for those affected with consequential pension effects; this is thought to be unreasonable in the current 'cost of living' challenge," he wrote.

He also argued the change had been made without proper assessment of the impact it would have on public services.

The letter concluded by warning if the council did not reverse the decision, or offer an alternative resolution, "the claimants will have no choice but to opt for judicial review at WCC's cost".

"They have no empathy for our position," said one council worker set to be affected by the contract change.

He added colleagues had only decided to take legal action in recent weeks.

"Even at the 11th hour, colleagues had hoped senior officers and councillors would see sense... realise the savings are nowhere near as described, and the impact on service delivery would be unacceptable."

Speaking on condition of anonymity, he said a "line in the sand" had been drawn after a recent council meeting, in which Conservative councillors voted to back the fire-and-rehire move.

At the same meeting councillors also voted through an independent recommendation to hike basic councillor allowances by nearly £2,000.

"That conveyed to colleagues that they were pressing on and had no shame whatsoever," the council worker said.

A spokesperson for the council admitted it had received a letter and would respond, but added that it was unable to comment further.

Last month, the council's deputy leader Marcus Hart defended the decision on BBC Politics Midlands.

"We have to look at the fairness for all of our employees and we do have nearly 900 employees who are on 35 hours a week," he said.

The council consulted with employees and unions, but had not yet reached an agreement, Mr Hart said.

Affected staff make up about 6% of the workforce and include those in key areas such as highway maintenance, flooding and planning.

Before the general election, Labour said it would bring forward legislation to ban fire-and-rehire practices within 100 days of entering government.

On Thursday, Deputy Prime Minister Angela Rayner is due to introduce an employment rights bill in the House of Commons.

The government said it would deliver a new deal for working people to ban exploitative practices and enhance employment rights.

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