UNISON submission to the Regulatory Reform
Committee on the Regulatory Reform (Registration of Births and
Deaths) (England and Wales) Order 2004 to Modernise Registration
Services
In March this year the Financial Secretary and
Civil Registration Services Minister announced the Government's
intention to introduce a Regulatory Reform Order (RRO) in this
session of Parliament, to reform civil registration services in
England and Wales.
UNISON represents registration officers and
administrative and clerical staff working in local authority registration
services. UNISON supports improved access to registration services
for the public and welcomes the opportunity to introduce new services
for them. In particular we welcome the introduction of full employment
status and rights for registration officers. We have expressed
our concerns on the impact on some employment matters when we
responded to the Government's public consultation.
UNISON'S submission is focussed on points (c)
and (d) of your remit; that the consultation "continues any
necessary protection" and has "taken appropriate account
of adequate consultation." UNISON does not believe this to
be the case.
UNISON together with the Society of Registration
Officers has had a few meetings with officers from the General
Registrar Office LACORS and the Employers' Organisation to discuss
the employment impact of the modernisation proposals.
UNISON is concerned that the draft Regulatory
Reform Order (RRO) does not afford the same or similar employment
protection to registration officers who will become local authority
employees, as provided for employees transferring to a new employer
under the Transfer of Undertakings and Protection of Employment
Regulations 1981. The draft RRO, as currently written, also does
not even contain any commitments or safeguards similar to the
Cabinet Office Statement on Staff Transfers in the Public Sector
(January 2000).
In order to ensure that registration officers
terms and conditions of employment are fully protected in the
same way that other public sector employees are protected when
transferring to a new employee under TUPE regulations, UNISON
believes that the RRO should contain the following:
1. Adherence to the Statement of Practice
on Staff Transfers in the Public Sector published by the Cabinet
Office in January 2000.
2. A requirement to consult with staff and
trade unions on the "transfer" and the impact of the
"transfer" of registration services on registration
officers.
3. In accordance with Best Value legislation
and statutory guidance, staff and trade unions be consulted on
the modernisation of registration services.
4. Provide employment protection from unfair
dismissal where the reason for the dismissal is "transferring"
to become an employee of the local authority.
5. Provide continuous employment protection
for registrars employed in other posts by previous authorities.
The ODPM has issued for consultation draft directions
under sections 101 and 102 of the Local Government Act 2003, which
ensures that workers' terms and conditions of employment, including
pensions, are protected when TUPE does not apply. This will provide
a statutory basis for the Cabinet Office Statement on Staff Transfers,
where a local authority is contracting with a private, voluntary
or community sector provider. UNISON would wish to see the same
level of protection given to registration officers on their "transfer"
to local authority employment by ensuring the RRO is worded to
reflect this.
UNISON has also suggested a form of words for
the RRO which would provide employment protection from unfair
dismissal where the reason for the dismissal is "transferring"
to become an employee of the local authority.
UNISON supports the modernisation of registration
services and is keen to ensure that registration officers are
treated no less favourably than local authority employees with
full employment rights who transfer to a new employer.
UNISON would be happy to attend your sessions
and provide oral evidence to you on the need for these changes.
Regulatory Reform (Registration of Births
and Deaths) (England and Wales) Order 2004
UNISON has significant concerns about key areas
of the Order and is seeking to make amendments through the Committee
prior to the tabling of the final version.
AMENDMENTS
Each amendment refers to Part II, paragraph
4 of the order dealing with the transfer of superintendent registrars
and registrars to local authority employment.
Amendment 1
Delete paragraph 4 subsection (2)(i)(b).
This section excludes the provisions of the
Employment Rights Act 1996, modified by the Redundancy Payments
Modification Order 1999 (RPMO). This means that it does not apply
continuous employment where registration officers have been reengaged
by the registration authority or have been successively employed
by two or more employers specified in Part II of Schedule 2 of
RPMO. UNISON believes application of continuous employment status
must be guaranteed.
Amendment 2
Add to subsection 3 "(iii) was appointed
as an officer to a local authority under section 112(i) of the
Local Government Act 1972 (a)"
Clauses 4(3)-(5) only provides continuous employment
for those who have been appointed, or held office as a registration
officer or was an officer of the registration authority. It does
not appear to provide protection of continuous employment for
those who have worked in a different job in other local authorities
before their appointment as registration officer.
Amendment 3
Add new subsection 5:
(5) The registration authority to which
he transfers shall consult the individual and his employee representative
on when the transfer will take place, the legal, economic and
social implication of the transfer for the affected individual
and whether the registration authority envisages taking any action
in connection with the transfer which will affect the employees
and if so, what action is envisaged.
This amendment seeks to bring the order into
line with existing legislation provided for staff transferring
under TUPE regulations.
Amendment 4
Add new subsection 7:
(7) Where after a relevant date, any person
to whom this section relates is dismissed, that employee shall
be treated for the purposes of Part X of the 1996 Act as unfairly
dismissed if becoming an employee of a registration authority
or a reason connected with becoming an employee of a registration
authority is the reason or principal reason for his dismissal.
This amendment seeks to bring the order into
line with existing legislation provided for staff transferring
under TUPE regulations.
For further information contact Sandra Howell,
National Officer, UNISON, telephone 020 7551 1339.
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