Forty-five local care workers were officially made redundant on 1st April as B&NES pulled the plug on the contract with their employers, Homecare B&NES (formerly known as Agincare), as expected.
The company consequently went into liquidation on Tuesday, 1st April, which means that employees are now not only jobless, but are not guaranteed enhanced redundancy pay – something the GMB Wales and South West Region Union, representing the workers, is extremely unhappy about.
This result is the culmination of many difficult years between both B&NES Council and Agincare/Homecare B&NES, following the two not being able to agree an extension of contract back in 2011. Homecare B&NES' staff, previously employees of B&NES that had been transferred or TUPE'd to the company, were expecting that they would simply be moved to new service providers. This has not been the case, as B&NES claimed that there was enough capacity with the other service providers to take over the care contracts.
B&NES Council could now face a legal challenge. Solicitors, we understand, are arguing that all staff directly working with clients should have transferred to the new providers. The solicitors reject B&NES' interpretation of the TUPE rules.
Understandably, many of the 94 clients and their families being cared for by Homecare B&NES have been upset by the move. Many carers looked after a sole client for years and built up a continuity of care, something that, once established, the elderly and vulnerable can be particularly afraid of ever changing.
B&NES Council maintain that the transfer has now taken place for all clients and arrangements are in place for their care. Service users and their families were contacted by Sirona Care and Health to keep them informed about the changeover.
The Council have previously said that: "The responsibility for the future of the staff affected by the end of the contract lies with Homecare B&NES. The Council has explored with other home care providers an arrangement that would enable Homecare B&NES staff to transfer over to them. However, it has not been possible to agree such an arrangement." This interpretation of transfer could now be legally challenged.
Rowena Hayward, GMB Membership Development Officer, said: "This situation has been a disaster waiting to happen and one that we forewarned B&NES of. The staff involved have become drawn into a political game of football between both B&NES Council and Agincare and the workers are the ones who have lost out. TUPE should have applied here – the reality for these care staff is that they have mortgage commitments and rent to pay, just like anyone else. And now they are out of a job because a compromise couldn't be reached."
Solicitors acting for Homecare B&NES put the blame solely on the Council, holding it responsible for its approach. With B&NES Homecare in liquidation, not only have these long-serving carers lost their jobs, but could be denied the extra redundancy payments due to their status as TUPE'd ex-Council staff.
This situation was one which was never going to happen when Council staff were TUPED'd out of B&NES to the private sector. Any B&NES employee in the future faced with transfer to a new employer, given this experience, would be best advised to say 'no' and their trade union should support them.