Factsheet on industrial action by Unite the Union in the waste service

We need to address years of underperformance and bring pride back to our streets and improve the waste collection service for the benefit of everyone.

We are committed to creating a modern, sustainable and consistently reliable waste collection service. The restructure proposal enables us to fulfil our commitment to improving the waste service and comes after careful consideration.

The following sets out factual information about a number of issues in the public domain:

Is this about the WRCO role?

The former WRCO role came about as a result of a previous bin strike. No other council has this role, and if the council conceded, then we would risk creating future equal pay liability.

Will workers in the former WRCO role be forced to lose money?

All WRCO workers have been offered alternative employment at the same pay, driver training or voluntary redundancy. That offer remains open.

See our most recent statement here.

What is the current situation with waste collection and cleanup?

After the council declared a major incident on 31 March we were able to deploy our fleet in full and on time. We removed all excess waste and returned to scheduled collections within our contingency plan for household waste, meaning one collection per week per household. 

However, actions by pickets at all of our depots have meant very few of our waste lorries have been deployed since 15 May, which is affecting the amount of collections we are able to make.

People have the right to strike but those that want to work should be allowed to do so. We also want to ensure that the situation is safe for everyone, which has to be a priority for us.

We are continuing to look at all options in line with our contingency plan to ensure we can get trucks out and keep the streets clean.

UPDATED ON 29 MAY FOLLOWING INJUNCTION AGREEMENT:

“We are pleased that the court has ratified the Consent Order agreed with Unite yesterday that the injunction, which was granted by the High Court on Friday 23 May, will continue on an indefinite basis. This means that there will not be a court hearing at 2pm today.

“This should ensure that vehicles are freely able to leave their depots and that workers are also able to continue to collect waste from the city. We have also agreed with Unite that the legal costs which the council incurred in securing the original injunction will be dealt with by the court at a later date.

“As we have previously stated, we acknowledge that everyone has the right to protest and that Unite has the right to organise picketing in line with their statutory rights. The terms of the order which Unite has now agreed is designed to ensure that this is all done within the confines of the law.

“In the meantime, our efforts to resolve the underlying industrial dispute will also continue.”

Is the army involved?

This is office-based, logistical support as we clear the backlog of waste. We thank them for their support but would stress that this is not ‘boots on the ground’, it is planning support.

People are concerned about rat infestations

While treatmemnts are pest problems are chargeable, we have temporarily suspended the charge for rat infestations in homes and gardens.

Has compulsory redundancy been suggested for former WRCOs?

The council initiated collective consultation, which may have ended in compulsory redundancy, following receipt of letters from former WRCO’s indicating that they were working in the new of Grade 2 Loader under protest.

Following that, written undertakings were received from the employees concerned and their representatives, withdrawing the previous letters and confirming they were now willing to accept the Councils offer of alternative employment.

See further background here.

Have negotiations been too slow?

The council has consistently tried to find a solution to the industrial action. We have been very accommodating to Unite, offering their choice of dates, times, locations and durations of meetings. We are meeting them at their availability. Since the start of the industrial dispute, there have been regular and ongoing meetings with Unite officers and shop stewards to seek to resolve the dispute, including ongoing meetings under the auspices of ACAS.

Is the WRCO role crucial to health and safety?

The whole team is accountable for working in a safe and responsible way. None of the roles either past or present make any specific reference to there being a lead person responsible for health and safety.

The service has a dedicated Health and Safety Manager to oversee and review safe systems and practices. They ensure continuous improvement and compliance with health and safety standards.

The driver and team leader has control of the vehicle and therefore control of the way the service is delivered. Introducing the new vehicles with 360° cameras and other tech will support with safe working as well.

The new vehicles come equipped with advanced safety features, including a comprehensive camera system to improve crew visibility and operational safety while working on Birmingham’s streets. Additionally, the vehicles feature low-level access points to make ingress and egress safer and easier, reducing the risk of crew injuries and enhancing overall working conditions.

Does the service have too many agency staff?

The Council have always utilised agency staff to provide contingency cover for leave, sickness and to cover vacancies in Waste. We continue to operate with the same number of agency workers throughout the current industrial dispute. They have proven to be backbone of the service over the last 6 months, and we are extremely grateful for their ongoing support. As part of the Waste Transformation, we will be looking to offer a number of the agency workers permanent contracts with the council.

Are agency staff being used to cover strike action?

We strongly refute any suggestion that agency workers have been carrying out work normally undertaken by striking workers. We continue to deploy the same number of agency workers on days of action as it we would on any normal working days.

What is happening with fly-tipping and clean-up?

Street cleaning crews are clearing sites across our city on a daily basis and will continue to do so.

Who is in charge of negotiations?

The Managing Director and a team of senior officers are leading the negotiations on behalf of the Council.

Are former WRCOs losing £8,000 a year?

No. Claims that 171 former WRCOs could lose £8,000 a year in pay is incorrect. We have made an offer that means none of them need lose any money. The reality is that the number of former WRCOs that could lose the maximum amount (just over £6,000) is 17 people, they will have pay protection for six months in line with council policy.

Why has there been an uneven collection of waste across the city during the strike?

Our contingency for waste collection during this industrial action is enough to maintain a single weekly collection to each property in the city, but because of pickets blocking depots, they have been deployed much later and, therefore, for shorter working periods. As certain depots were able to get more wagons out than others, this led to an uneven collection across the city.

Street cleaning crews are being deployed to hotspot areas to clear sites across our city on a daily basis and will continue to do so.

Is the council making changes to its waste services because of financial difficulties?

The changes we are proposing will move Birmingham City Council’s waste collection service in line with national practice and provides for a better service to our citizens.

The WRCO role, which Unite are fighting to keep, came about as a result of a previous bin strike. No other council has this role, and if the council gave in, then we would risk creating a huge future equal pay liability. Well over 50 councils across the country operate a waste service with a driver and two loaders so we are moving in line with national practice.

The council’s debt is unrelated to the need to modernise the waste service and to eliminate any future equal pay risk.

What is the position with the driver role?

As Unite are aware, we are currently undertaking a fair and transparent job evaluation process of the driver/team leader role, working with all trade union partners to ensure a fair outcome.

The role of Driver/Team Leader has been re-evaluated, and the indicative grading is Grade 3 and as such a downgrading from the current grade of Grade 4. This outcome is subject to moderation which is taking place between 9-20 June.

It’s important to stress that roles are evaluated using the nationally recognised Gauge Job Evaluation methodology - as agreed with our trade unions.