Leading the challenge

Unite members at the IT giant, Fujitsu Services Limited (Fujitsu), who feared they were being undercut by less expensive employees are celebrating victory today (October 31) after the central arbitration committee (CAC) declared that Fujitsu must disclose its pay structures.

Howard Beckett, Unite executive director for legal services said, “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.”

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).

The union 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.

Request dismissed

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 the 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.

Not only is this a significant step forward for members in Fujitsu but for the entire trade union movement as a whole.

“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,” said Howard Beckett.

“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.”