Thursday, 1 September 2022

UK: META (formerly Facebook) ACCUSED OF BREACHING WORKERS’ RIGHTS OVER DISMISSAL OF CLEANER WHO ORGANISED PROTESTS AT LONDON OFFICE

Amnesty International has accused Meta of breaching its own employment guidelines and commitments on labour rights and has called on the tech giant (formerly known as Facebook) to undertake an urgent investigation into the 2021 dismissal of a trade union representative who organised protests against poor working conditions in its offices. 

 

The call comes as Amnesty published a 23-page report - Meta, workers’ rights matter! The case of a trade union organiser dismissed after trying to improve working conditions for cleaners - which outlines the evidence in the case and the organisation’s concerns and recommendations.

 

Amnesty’s report comes ahead of an Employment Tribunal hearing next week (7 September) in which a former cleaner of Meta’s offices and trade union representative is seeking justice for his claim that he was targeted because of his trade union activities that led to his unfair dismissal.

 

Guillermo Camacho, a father of two from Bolivia, was a contracted cleaner and trade union representative who had cleaned Meta’s offices for almost seven years prior to his dismissal, with an unblemished record. In summer 2021, after cleaners denounced an increasingly excessive workload, he led and organised protests against the poor working conditions at Meta’s London office on Brock Street. Following the protests Camacho was first suspended from his job last August, and then dismissed entirely in October under the pretext of inadequate performance.

 

The protests were prompted by a reduction in the number of cleaners which in turn led to an excessive workload for the remaining workers at Meta’s offices, which had a major physical and psychological impact on them. In mid-2021, the number of cleaners at Meta’s worksite in London dropped from 24 to 20. Simultaneously, the size of the area to be cleaned increased from five floors to 14 floors, a near-threefold increase.

 

The cleaning of Meta’s buildings is undertaken by outsourced staff employed by the Churchill Group (Churchill), which in turn has a contract with Jones Lang LaSalle (JLL) to which Meta outsources the management of its offices in London. Camacho has filed a complaint to the London Central Employment Tribunal against Churchill - as direct employer - for an award of compensation for unfair dismissal, detriment and victimisation due to trade union membership and/or activities.

 

In his capacity as the cleaners’ trade union representative with the Cleaners and Allied Independent Workers Union (CAIWU), Camacho helped organise protests outside Meta’s offices on Fridays denouncing the excessive workload and calling for fair working conditions. 

 

Just days after the second protest was organised in August 2021, he was suspended and put on “gardening leave” after Meta and JLL requested Camacho’s removal from Meta’s building. He believes his suspension was therefore a result of what is known as ‘third party pressure’ - when a customer or client exercises pressure for a worker to be dismissed.

An investigation was opened against Camacho to evaluate the adequacy of his work as a cleaners’ supervisor and it focused on Meta staff’s allegations regarding unfilled soap dispensers, substandard cleaning of some areas, and inadequate stocking of some items leading to property damage. In the course of the investigation, Camacho rebutted the allegations, and also challenged management over the inadequate staffing levels, which had caused difficulties in cleaning to the required standards. 

 

In September 2021, Camacho was informed that the investigation was closed, and no further disciplinary action would be required. However, despite this, the decision to remove him remained in force and Camacho was ultimately dismissed from his job at Meta’s offices.

Camacho’s dismissal has created a chilling effect on the ability and confidence of his fellow workers to collectively bargain for better working conditions. 

 

Catrinel Motoc, Amnesty’s Senior Campaigner, said:

We live in a society where all too often workers who dare to speak out against injustices in the workplace find themselves in the firing line.  

 

This is a David and Goliath story, where a huge, global behemoth of a company has simply washed its hands of any responsibility to the people who work on the frontlines of its offices.

 

Meta is very keen to distance itself from this unpleasant episode, but the buck must stop with them. You can outsource a cleaning account, but not the accountability for how cleaners are treated.

 

Meta should live up to the values it claims it wants to uphold and to the commitments it has made to respect workers’ right to organise. That must start with an urgent investigation into what happened in this case and a radical overhaul of its processes to ensure that its commitment to respect workers’ rights extends to both in-house and outsourced workers.

 

No worker should fear or face reprisals when speaking up and demanding better working conditions.

Alberto Durango, General Secretary of CAIWU, said:

Guillermo’s treatment is all too familiar to us. It’s a blatant and classic tactic to intimidate other workers by making a brutal example of a trade union leader. Third-party pressure disproportionately impacts precarious workers who are too often outsourced and allows the employer to hide behind their client as workers’ rights are eroded.

Our members who still work at Meta’s offices tell us they continue to live under the cloud of Guillermo’s dismissal and the implicit threat that they too could be dismissed for speaking out.

We need to see real change and that should start with an apology and compensation for Guillermo. Employers should have to justify the dismissal of their employee in a fair and transparent way and not supress the rights of workers to collectively bargain for fair working conditions.

Amnesty’s campaign

 

Amnesty is calling on Meta to take responsibility for how its personnel are treated and to

 

1.    Respect the right of its workers to speak out and bargain collectively for better conditions

2.    Apologise to Guillermo for his treatment and provide him with adequate compensation

 

Take action here: www.amnesty.org.uk/CleanUpFacebook

 

Protest outside Meta’s London office

Date/ Time: Friday 2 September at 5pm

Address: 10 Brock St, London NW1 3FG

What: Protest in solidarity with Guillermo Camacho. People will be outside Meta’s London office holding placards and chanting ‘Workers’ rights matter, Meta!’ 

 

The 23-page briefing, Meta, workers’ rights matter! The case of a trade union organiser dismissed after trying to improve working conditions for cleaners, which outlines the evidence in the case and Amnesty’s concerns and recommendations, is available on request.

 

 

LETTER: Kilburn Square Housing: Brent Labour vs Barnet Labour…

 The Kilburn Square Development (Photo: Brent Council)

Dear Editor,

  

Remember Alice through the Looking Glass…? Here’s an Open Question to the Brent Housing team, as they press on to an imminent Planning Application with a scheme the local community strongly believes is still too big…

 

PRE-ELECTION

https://www.times-series.co.uk/news/19937298.residents-lose-latest-fight-save-east-finchley-green-spaces/

  • Conservative Barnet council wants to build houses on green space
  • Labour opposition backs residents’ objections

 

POST-ELECTION 

https://www.hamhigh.co.uk/news/east-finchley-green-space-saved-from-development-9241434

  • Labour gains control
  • The scheme is cut back to preserve the green space

 

IF BARNET LABOUR CAN DO THIS… WHY CAN’T BRENT LABOUR DROP BLOCK C-D ON KILBURN SQUARE? 

 

Feel free to comment on here!

 

Details of the scheme heading towards a Planning Application:  https://legacy.brent.gov.uk/media/16420412/kilburn-square-final-exhibition.pdf

 

For more background see https://wembleymatters.blogspot.com/2022/05/letter-brent-is-prioritisng-housing.html  . To join our campaign please email savekilburnsquare@gmail.com

 

Keith Anderson.

NW6 6QA

Tory audience at Wembley Arena Leadership Hustings greeted by critical demonstration


Green New Deal Rising


Brent Labour councillors (and Steven Bray)

                                                      Greens say #enoughisenough time to End Tory Rule


Self-employed demonstrate against the retrosprctive loan charge 

NEU, SWP, Stop Rwanda

The NHS - 38 degrees

The venue for the last Tory Leadership hustings was kept under wraps until the last minute so the demonstration to voice our feelings was very hastily organised.  Several groups did manage to turn up to voice their views to the Tory faithful as they queued to get into the Wembley Arena.

The Labour Group on Brent Council had their meeting at 6pm, the  same time as the demonstration, but came out of the Civic Centre, which is opposite the Arena, for a few minutes show of solidarity.

A senior policeman appeared to have decided I was organising things and came over to tell me that the boss of Quintain was okay about us demonstrating but would not be happy at us getting too close to the queueing Conservatives or at us shouting in their faces (we were at least 2 metres away).  He asked me to move 'your' group to 'stand with those ladies over there' (the women from Green New Deal Rising)!

Arena Square was surrounded by Heras fencing so we had to stand on Wembley Boulevard, the private property of Quintain Ltd. His comments were an incidental lesson in the politics of the privatisation of public space. Quintain were doing us a favour by 'allowing' us to demonstrate.

And Steve Bray was very patient with the police...

 


Wednesday, 31 August 2022

1 Morland Gardens – Brent’s final word on a potentially unlawful contract

 Guest post by Philip Grant in a personal capacity.

1 Morland Gardens and the community garden, July 2022.

 

Two weeks ago, I shared with you an email I’d sent to Brent’s Legal Director, asking her to reconsider her view that the recent contract awarded for the Council’s proposed Morland Gardens redevelopment was lawful. This was in the light of information I’d obtained under an FoI request.

 

As I think it is important to give the Council a “right of reply” when important points are raised with them and made public, I will ask Martin to publish the full text of the email I received on 25 August. For completeness, I will also include the response I sent on 30 August, and divide the two with an illustration.

 

If you haven’t already done so, it will probably help to read my earlier guest post (see “link” above). The first email, from Brent, is not “light reading”, but it does give anyone who may be involved in similar disputes with the Council a flavour of what they might expect! Here it is:

 

‘Dear Mr Grant

 

Thank you for your email of 18 August that was received whilst I was on leave.

 

I have now had an opportunity of reviewing your email.

 

I note that you have helpfully highlighted key parts of your email on which you seek a response from me. 

 

You indicate:

 

I believe that Brent Council has failed to treat those “economic operators equally and without discrimination” as required by Regulation 18(1).

 

This statement relates to the process operated by Council Officers in the direct section of a preferred contractor under Schedule 1 of the Network Homes Framework Agreement.  Paragraph 3.1 reads that:

 

‘Direct selection may be used where the Client or any Additional Client considers that it will demonstrate best value for a Project. Subject to paragraph 3.2, the Client or any Additional Client will make a decision on who to directly appoint for a Project based on a best value assessment using a combination of the Contractor’s tender submissions for the Framework and where relevant the Contractor’s:

3.1.1    knowledge and experience of, or relationship to, the site of a Project;

3.1.2    capacity (quantity of work currently instructed) under the Framework;

3.1.3    previous performance under the Framework; and/or

3.1.4    resources available for the particular Project.’

 

It is clear that under the Network Homes Contractors Framework, “Additional Clients” must carry out an assessment using a combination of the Contractor’s tender submission for the Framework and where relevant the various matters detailed in 3.1.1 – 3.1.4.  Officer’s approach to the best value assessment is contained in the Direct Award Evaluation Process Document, particularly in paragraphs 2.3 – 2.6 and paragraph 2.9.  There is no requirement under the direct award procedure to contact bidders directly in carrying out such assessment.

 

Hill Partnerships Ltd. detailed knowledge of the Morland Gardens site was considered significant and as detailed in paragraph 2.6 of the Direct Award Evaluation Process Document:

 

“It is felt this is a key element of the best value justification as the supplier knows the site and the requirements of the project and would need little time to provide a compliant tender for a call-off from the Network Homes Contractor Framework Lot 3….”

 

 You further state:

 

I also believe that the answer to question 6 of my FoI request, about Brent Council’s contacts with Hill Partnerships Ltd over a possible contract award under the NHCF, shows that there is a clear breach of Regulation 18(3).

 

As you indicate, Regulation 18(3) of the Public Contracts Regulations 2015 (PCR 2015) states:

‘For that purpose, competition shall be considered to be artificially narrowed where the design of the procurement is made with the intention of unduly favouring or disadvantaging certain economic operators.’

 

I do not consider that Officers selection of the Network Homes Contractors Framework was in breach of Regulation 18(3) of the PCR 2015.  By its very nature, the use of any framework will unduly favour those economic operators on the framework but the use of frameworks is provided for in the PCR 2015.  Indeed the PCR 2015 permits the use of single supplier frameworks.  The selection of a framework of itself is therefore not unduly favouring or disadvantaging certain economic operators.

 

From the Direct Award Evaluation Process Document it would appear that Officers followed the direct award process as provided for in paragraph 3.1 of Schedule 1 of the Network Homes Contractors Framework and as such it is not considered that this process unduly favoured or disadvantaging certain economic operators.

 

You state:

 

The procurement process, which Cabinet approved on 20 June, was designed “with the intention of unduly favouring” one particular economic operator, Hill Partnerships Ltd.

 

Cabinet on 20th June 2022 approved the following recommendations:

 

2.1       Approve the inviting of a tender using a direct award process under the Network Homes Contractor Framework agreement on the basis of the pre-tender considerations set out in paragraph 3.6 of the report.

2.2       Delegate authority to award the contract for the Morland Gardens Redevelopment Design and Build contract following the successful outcome of the tender exercise to the Strategic Director, Regeneration & Environment, in consultation with the Cabinet Member for Finance, Resources & Reform.

 

For the reasons detailed above, the selection of the Network Homes Contractor Framework agreement of itself is not considered to be unduly favouring or disadvantaging certain economic operators contrary to Regulation 18(3).

 

Further it was indicated to Cabinet in the report that a contractor would be selected to tender based on a best value assessment.  Cabinet in making its decision did not therefore know which organisation would be identified for direct award.

 

In view of the above, I do not consider that there has been an unlawful contract awarded for the Morland Gardens project.

 

Best wishes

 

Debra Norman

 

Director of Legal, HR, Audit and Investigations’

 

Regulation 18, Public Contracts Regulations 2015. (From the Government website)

 

This was my response to Debra Norman’s email of 25 August:

 

This is an open email

Dear Ms Norman,

 

Thank you for your email of 25 August. Your response was not unexpected, as I know that you will always seek to defend Brent Council and its staff.

 

I will not prolong this correspondence unnecessarily. You have set out your position, and we will have to agree to disagree.

 

It is quite clear from the evidence (especially the answer to question 6 of my FoI request) that when Council Officers realised, at the end of May 2022, that they would not be able to award the Morland Gardens contract to Hill Partnerships Ltd under the Notting Hill Genesis Framework, they were looking for a way to award the contract, to that contractor, as quickly as possible by another means.

 

The Network Homes Contractor Framework provided the means, as it allowed for the direct award of contracts, and Hill Partnerships Ltd were one of the approved contractors under its Lot 3. The Direct Award Evaluation Process was carried out, as required under the Framework, but in such a way (because of the timeframe constraints imposed) that there was only one possible outcome.

 

That is why I still consider that the procurement process, approved by Cabinet on 20 June, was designed “with the intention of unduly favouring” Hill Partnerships Ltd, so that it breached the Public Contracts Regulations 2015.

 

Best wishes,

 

Philip Grant.

 

Question 6 and Brent’s response, from my Freedom of Information Act request.

 

You can make up your own minds as to whether or not Brent Council’s 1 Morland Gardens contract was awarded unlawfully!


Philip Grant.

6,000 TORIES WILL CONVERGE ON WEMBLEY ARENA THIS EVENING FOR LAST LEADERSHIP HUSTINGS. COST OF LIVING DEMO FROM 6PM.


Wembley Arena Square was cut off from the public this morning by Heras fencing and heavily policed by private security guards.

 


 

When I asked them what was going on they first said, 'A conference' and asked what the conference was for replied, 'It is to make everyone's life better.' When I said, 'Oh yeah!' they added, 'That is what we are all going to tell you.'




Huh! It turns out to be the last hustings for the Tory Party leadership with 6,000 Tories expected. Enough to declare a public health emergency in Brent!

Attempts are being made to organise a cost of living demonstration. This is last minute but if you can get along assemble from 6pm outside Brent Civic Centre. Bring banners and home made placards.

Tuesday, 30 August 2022

Newland Court residents put question to Brent Council

REQUEST TO BRENT COUNCIL

 I would like to speak at the next council meeting on Wednesday 21st September regarding Brent Council's proposal to build 7 new homes opposite existing flats at Newland Court. My question will be directed at Cllr Promise Knight  (Member for housing homelessness and renters security), Cllr Shama Tatler (Member for regeneration and planning) and Cllr Neil Nerva (Member for public health and adult social care) on whether they have any concerns and have thought about how this could have a huge impact on the mental health and wellbeing of the existing residents if this proposal were to go ahead.

 

With crippling inflation and energy prices which are already affecting mainly elderly pensioners, those on benefits and on low income! These residents make up a large percentage at Newland Court who are so worried and concerned and have signed a petition and are totally opposed to Brent Council’s proposal to build 7 new town houses opposite the existing flats at Newland Court. 

Question:-

Is Brent Council still prepared to go ahead with this proposal at the expense of the health and mental well being of the existing residents who are already at breaking point as it is?  

Yours sincerely, 

Marc Etukudo.

Representing concerned and worried Newland Court residents

 

New Coalition 'Warm This Winter' launch petition to Tory Leader candidates - Link to petition in the article

 

Warm This Winter, a new national coalition group, has published an open letter in The Times to all candidates in the race to become the next Prime Minister asking that they urgently set out how they plan to address the cost of living crisis driven by soaring energy bills.

The letter calls on each of the candidates to use these next precious few weeks to set out practical measures for how they will help people now, and how they will ensure we have lower energy bills in future.

The campaign, which is backed by the End Fuel Poverty Coalition, is pushing for practical solutions that have the public’s support, and which are ready-to-roll out now, including:

  • Providing financial support to people who without urgent action will be on the front-line of poverty this winter
  • Upgrading and insulating homes across the UK to bring down bills and prevent energy waste
  • Rapidly expanding clean energy, which is now four times cheaper than gas, to urgently lower energy bills
  • Stopping drilling new oil and gas fields so that we can escape our dependence on volatile fossil fuels.

A spokesperson for the End Fuel Poverty Coalition commented:

Based on current estimates, well in excess of a third of all homes will be in fuel poverty this winter, yet the candidates to be our next Prime Minister are ignoring the single most pressing issue facing families across the country.

Unless leadership candidates promise bold and decisive action, the next Prime Minister’s first act as leader will be to preside over the worst winter for millions of people in living memory.

Full letter to candidates

We are writing to you from Warm This Winter – a new national coalition representing 40 organisations and over 22 million people from across the UK during this time of national economic crisis – to ask what your plan would be as Prime Minister to address the cost of living crisis.

We are headed into a potentially catastrophic winter. In eleven weeks time, more than a third of households – many millions of British families –  may not be able to afford to heat their homes. Meanwhile, earlier this year, 2.3 million families on low income were going without enough food and were unable to keep their homes warm.

According to the latest predictions, from October 1st the average annual energy bill will be over £3200. That means, for example, that the average pensioner will spend more than a third of their state pension on heating their home – and many people, including families, will have to choose between heating and eating. In the words of Martin Lewis last week: “millions of households will be forced into poverty unless we act. This is a genuine, urgent emergency.”

So far in the Conservative leadership campaign, no candidate has put forward a credible plan to support families, businesses, village and community halls, places of worship, hospitals and schools to keep their buildings warm this winter. Indeed whilst the public has grasped the scale and seriousness of the crisis heading our way, none of the leadership candidates seems to have done so.

We believe that in these next precious few weeks – when the Government should be planning and preparing for this winter – you should set out your plan for tackling the crisis of unaffordable energy bills, which are set to remain high until at least 2025. We know that this emergency, fuelled by the spiralling price of gas and by the war in Ukraine, does have solutions that are ready-to-roll out now – and that would also help us protect the future of the natural world – these include:

  • Providing financial support to people who without urgent action will be on the front-line of poverty this winter
  • Upgrading and insulating homes across the UK to bring down bills and prevent energy waste
  • Rapidly expanding clean energy, which is now four times cheaper than gas, to urgently lower energy bills
  • Moving away from drilling new oil and gas fields so that we can escape our dependence on volatile fossil fuels

Our members and supporters want to know what your plan would be – so we can have a proper debate on the most important and urgent issue facing this country. Whilst we may not all have a say in who becomes the next Prime Minister, we can ask that any candidate has a practical plan to keep people safe and warm this winter.

We would be keen to meet with you to discuss this further.

Full list of signatories:

  1. End Fuel Poverty Coalition
  2. The Climate Coalition
  3. CPRE The countryside charity
  4. Wildlife & Countryside Link
  5. Save the Children
  6. WWF UK
  7. The Wildlife Trusts
  8. Oxfam
  9. Fuel Poverty Action
  10. Fair Energy Campaign
  11. Robin Hood Tax
  12. The Centre for Sustainable Energy
  13. Energy Action Scotland
  14. Chartered Institute of Environmental Health
  15. Possible
  16. Ashden
  17. Austerity Action Group part of Social Workers Union
  18. New Economics Foundation
  19. Uplift
  20. Camden Federation of Private Tenants
  21. Regen
  22. Northern Housing Consortium
  23. Groundwork
  24. Advice for Renters
  25. Fairer Housing
  26. Friends of the Earth Scotland
  27. MCS Charitable Foundation
  28. Fairness Foundation
  29. Tax Justice UK
  30. Women’s Budget Group
  31. The Economic Change Unit
  32. Wellbeing Economy Alliance Scotland
  33. IPPR
  34. Chartered Institute of Housing
  35. The Centre for Ageing Better
  36. The Working Class Economists Group
  37. Greenpeace UK
  38. Friends of the Earth England, Wales and Northern Ireland
  39. 38 Degrees
  40. Action with Communities in Rural England

 

The Petition - SIGN HERE

In October, millions of households across the UK could be pushed into fuel poverty by soaring energy bills. This comes after oil and gas giants, like Shell and BP, announced record-breaking profits. No more.

Oil and gas companies are getting richer while people are struggling to pay their bills. Our government’s failure to act will have catastrophic effects this winter. 

It’s wrong that people in this country are forced to ride buses or visit public spaces just to keep warm – while, at the same time, oil and gas companies earn vast profits. 

We all deserve to be warm in our own home, but right now soaring energy bills mean that many millions of people will struggle to pay their energy bill. It doesn’t have to be this way.

The UK has the means to solve the energy price crisis – but it will take action from the government. We’re demanding the UK government helps those people who need it now and fixes the UK’s broken energy system for good. Here's what we're demanding:

  • Emergency support now: Providing a new package of financial support to people who without urgent action will be on the front-line of poverty this winter.
  • Help to upgrade homes: Launching a new, properly-funded programme of home upgrades and insulation across the UK to bring down bills and prevent energy waste. 
  • Cheap energy:  More than triple the amount of renewable energy in the UK by 2030, including wind and solar generated in harmony with nature, so that we can permanently lower bills.
  • Free us from oil and gas: Stop approving new oil and gas fields so that we can escape our dependence on volatile fossil fuels