Unite members at Fujitsu Services Limited (Fujitsu) who feared they were being undercut by less expensive employees are celebrating victory after the Central Arbitration Committee declared that Fujitsu must disclose its pay structures.
Unite had made a request to Fujitsu for disclosure of information on the pay structure of one of its subsidiaries, Fujitsu Services (Engineering Services) Limited (FSESL).
Unite suspected that Fujitsu were using other engineers employed by FSESL, who they could pay less to in preference to the engineers they employed. In particular, it was feared that this meant Unite members at Fujitsu were losing out to FSESL employees on overtime.
Fujitsu dismissed Unite’s request and told reps that Unite was not entitled to the information on the basis that FSESL was a separate legal entity which does not recognise Unite.
Following Fujitsu’s rejection of their request, Unite complained to Central Arbitration Committee (CAC) who agreed to hear the case.
The CAC concluded that FSESL was established and continues to operate, as an extension to the services provided by Fujitsu, and for that reason, was part of Fujitsu’s undertaking. As such, the CAC declared that Fujitsu should disclose the pay structure of FSESL.
Unite executive director for legal, membership and affiliated services Howard Beckett said: “This is a significant step forward for our members in Fujitsu but also a significant step forward for the trade union movement as a whole.
“Once again Unite is leading the challenge to employers and Unite legal services are using all jurisdictions to ensure the best representation for our members.
“This decision goes to show that employers cannot hide behind separate legal entities to deny our members the information they need to consider pay offers.
“In making this order the CAC has recognised the industrial reality of a negotiation. Once again Unite has shown all workers that trade union membership is essential if you are to be truly represented in the workplace.
“Unite would like to place on record our thanks to Rachel Halliday of Thompsons Solicitors for the advice and representation given to Unite members on this matter, Thompsons stand shoulder to shoulder with the trade union movement and have once again shown themselves to be experts in their field. ”
For further information please contact Unite senior communications officer Shaun Noble on 07768 693940 and/or the Unite press office on 020 3371 2065.
Notes to editors:
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