11 January 2016
Below are answers to some of the more common questions about participating in action short of strike and, particularly, not-participation in your P&D process.
You should respond to your manager (in writing) telling them that you are taking part in lawful official industrial action and therefore you will not be participating in the P&D process.
TSSA has sought legal advice on this matter. Refusing to participate in your personal P&D review could, potentially, be considered as part performance of your role. In this instance, the employer has a number of options. They could:
1. Refuse part performance and lock out staff, without pay.
2. Accept part performance and negotiate to resolve the problem.
3. Dock a portion of staffs’ salaries.
These are clearly worse case scenarios, but we must advise you that these are possible outcomes.
Thus far TfL has not taken any such action against members refusing to participate in their own P&D review, and we therefore urge all members to withhold forthwith your participation in the deeply flawed P&D process imposed upon staff.
The issue of part performance potentially applies to all those staff undertaking action short of strike. TSSA would need to take a position on this matter if the employer attempted to raise this issue with staff.
If you encounter any difficulties, pressure or threat of sanctions as a result of taking action, please get in touch immediately.
Your Unions have not yet begun negotiations on the pay award for the 2015-16 period. We will continue to challenge the deeply flawed Pay for Performance imposed by TfL, under which many staff will get no pay increase, regardless of their P&D ratings.
However, TSSA believes that competent managers can adequately assess staff performance through BAU line management without reference to TfL’s P&D forms.
However, the key point is that if you experience detriment, be it a lower P&D rating and/or non-payment of any uplift (should there be one), as a result of participating in industrial action (by refusing to participate in P&Ds) is likely be unlawful victimisation. If you experience such detriment then you should contact your local TSSA rep for advice and assistance.
Putting someone on a PIP because they are taking industrial action would be unlawful victimisation.
You are taking lawful action short of strike and have informed your employer that this is the case. It is not your responsibility to then advise your employer about how they should then proceed.
Remember, you are not the only member of staff taking this action, and your managers should seek advice about from HR. A template email for you to respond to your manager is available on the campaign website: http://www.tssa.org.uk/en/Your-union/Your-company/company-pages/transport-for-london/index.cfm/TfLtemplateletter-Jan2016
If you are a manager then you should undertake P&D reviews for the staff that you manage who are not participating in the action short of strike. However, you should not participate in your own personal P&D review or any part of that process. Please refer to the (above) advice for refusing to participate in your own P&D meeting.
As a TSSA member we ask that you encourage other union members to participate in the action short of strike with regard to the P&D process.
If you encounter any difficulties, pressure, or threat of sanctions as a result of taking action, please get in touch with your local Rep immediately. If you are not sure who your local rep is, then please contact your local TSSA rep.
If you have any further questions about non-participation in your personal P&D process or other forms of action short of strike then please contact your local TSSA rep or Mel Taylor, TSSA Organiser: taylorm@tssa.org.uk.