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Plan to outsource jobs to India ‘could be illegal’ says union

The National Union of Journalists has raised questions about whether plans by Johnston Press to transfer pre-press work to India could be illegal.

Peter Lazenby, father of chapel for the NUJ at the Yorkshire Evening Post, has hit out at proposals by the regional publisher to outsource half of its advertisement creation work to India, with the loss of around 60-70 UK jobs.

Last Friday the company announced plans to transfer the work away from JP centres in Leeds, Sheffield, Peterborough and Edinburgh to a partnership of the Press Association and Express KCS Ltd.

Affected staff claim they were given just one week to decide if they wished to move to work in India but Peter said he believed the offer by Johnston Press was not genuine and questioned its legality.

He said the company did not appear to be complying with Transfer of Undertakings, Protection of Employment (TUPE) regulations which are designed to protect workers whose jobs are transferred to a new company.

Said Peter: “It seems to me that what they are doing could be illegal. My belief is that JP has no intention of transferring any of the staff, probably believing no-one would want to go to India anyway.

“However some staff have expressed an interest. JP has responded by saying there will be no help with relocation costs, and no trial period for anyone opting to go.

“TUPE transfers in my experience always include relocation help, trial period and other assistance if TUPE is being used genuinely and sincerely.”

Peter said around 40 staff in Leeds were affected by the plans but only two of these were union members, one NUJ and one Unite.

He added: “I am acting on behalf of the NUJ member and have asked our full-time officers to investigate the legality or otherwise of what JP are doing.”

Commenting on our original story, one of the affected staff in Leeds said the company was offering no help with transferring to India and there had been no direct consultation about it – but employees had to make a decision by tomorrow.

The worker said: “The offer of transfer is to attempt to remain within the legality of a TUPE transfer as being made redundant without would be illegal, as the work is ongoing.

“If we were to transfer, it seems we would be working in the UK on the 24th August and in India on the 27th, with no aid from the company whatsoever.”

The company’s announcement said it planned to expand its service desk in Sheffield with seven new roles in traffic and workflow management and affected staff could apply for these vacancies.

Johnston Press has not so far responded to requests for further comment.

25 comments

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  • June 28, 2012 at 9:04 am
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    When I first heard that JP had said people who have been working for the company in places like Peterborough, Preston and Leeds, some of them for decades, might be able to relocate to India to keep their jobs, I thought it must have been a misquote or a mistake. People adding two and two and making five.
    Then I saw the official “relocation” line was repeated without shame in the company’s emailed publication “The Word”.
    People at the centre I work at – and I mean everyone – are shocked, appalled and disgusted that JP could say this. Ashamed as well.
    I would like to ask Mr Highfield a direct question which I hope he will answer on this forum.
    Does he agree that inviting loyal and hard-working UK staff to relocate to India to keep their jobs is a PR mistake of huge proportions for a UK company trying to rebuild its fortunes and reputation as a champion of “local communties” in towns and cities up and down the land?
    And who in HR cloud cuckoo land could ever have given the advice to suggest relocation to India in the first place?
    JP is trying to re-forge links with local communities, not destroy them with laughing stock announcements like this. Mr Highfield must act quickly to apologise for this and restore credibility with some heads rolling.
    And why isn’t this story a page lead in the Daily Mail?

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  • June 28, 2012 at 9:41 am
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    Even the hardest-working people count for nothing now. Great waste of enthusiasm and talent.

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  • June 28, 2012 at 9:53 am
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    JP has a history of this, moving people’s jobs stupid distances away (although normally in the UK), to get around paying full redundancy pay.

    “You have not lost your job, it has moved and is still YOUR job and YOU chose not to go with it.”

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  • June 28, 2012 at 9:54 am
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    I have been an NUJ member for 11 years, even though these people won’t be in the union, I am starting to wonder if I am wasting £150 a year as I havent seen any progress made by any chapel with all the cut backs of the past 3 years. Please correct me if I am wrong.

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  • June 28, 2012 at 10:16 am
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    I really wish the NUJ would quit reacting to bad news and get on the front foot. The reason people don’t join is because:

    1 The have no ideas themselves other than ‘don’t make cuts, it’s the quality’. (At the same time they are making cuts themselves, ironically)

    2 Some of the NUJ leaders seem to love the idea of tub thumping about strikes. As someone once said to me during a period of cuts: “There are too may smiles on the faces of the NUJ people”.

    3 Like it or not, they are still political. It’s still long in the memory when the NUJ was passing resolutions about being anti-Israeli etc. Butt out of politics and work WITH the firms to build a future.

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  • June 28, 2012 at 10:19 am
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    Clearly JP are going to outsource jobs to India, I think even given the illegality and immorality of this move they are of a mind and have probably signed contracts.

    I only hope that every member of staff finds a hole in JP’s complaince with employment law and either brings a class action or individually takes JP to a tribunal and extracts multiples of their annual salary in compensation.

    Good luck and best wishes to everyone persecuted by this move and dare I sugest, join a union; a big one with cash.

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  • June 28, 2012 at 10:23 am
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    Reply to George’s comment

    The union is not a ‘top down’ organisation. It cannot ride to the rescue if the people on the ground are not willing to help themselves. Also, it cannot stem an economic tide running against the industry as a whole.

    But at the very least, dedicated stalwarts like Peter Lazenby can tell people about their rights, and at the end of the day, the union will help you with legal advice when a solicitor may charge you more (say, for an hour or two of such advice or representation) than the annual subscription to the NUJ. Stick with the NUJ. Otherwise you may be completely on your own when the chips are down. That may be just once in your working life. But the NUJ, for all its faults, could at that time save you more than all the subscriptions you will ever pay to it, and, if only by giving you the legal arguments you need, ensure the management treats you with more respect.

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  • June 28, 2012 at 10:53 am
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    “Titanic”, “deckchairs” and “shuffling around” anybody?

    RIP JP

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  • June 28, 2012 at 11:28 am
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    Just when you think newspaper companies cannot sink any lower, JP does it again. Perhaps the management should be disciplined for bringing the company into disrepute. But, then again, what reputation does JP have left to bring into further disrepute?
    I detect a growing public disapproval of companies who behave in the fashion of JP. Perhaps they will pay a price for their cruel and ludicrous behavior.

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  • June 28, 2012 at 11:31 am
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    Well said Mark. The NUJ would be a lot stronger if people were not so selfish, thinking only of themselves. Together we are stronger and, believe me, can force change. One guy in our office won’t join because “it’s either that or my gym fee”! #Moron

    And well done Peter, too, for challenging this.

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  • June 28, 2012 at 11:51 am
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    Re- personal disputes with an employer, insurance premiums to cover all your legal expenses start from about £20: check with a broker if you don’t believe me. You may not even need to purchase, as many household insurance policies provide such cover or do it as an add-on. Oh, Mr Hanna, just remind me how much annual NUJ membership costs?

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  • June 28, 2012 at 12:53 pm
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    Sutler – I think you may well be right about growing public disapproval of this sort of commercial behaviour. It’s a natural extension of the national mood on matters such as wanting to see fat cats getting the boot and the mistrust of banks.
    Most British families have now been touched by redundancy and those who thought otherwise now realise how hard it is to find new employment that pays the bills.
    Staff chucked on the scrap heap in this manner should approach their MPs and press them to raise it in the House, naming and shaming.

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  • June 28, 2012 at 1:16 pm
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    Reply to tide-timez

    What you can’t get necessarily from legal services insurance policies is access to a lawyer well-versed in the background of media managements, even if he/she is an employment specialist.

    Is any trade union membership value for money looked at on an annual basis? Probably not for most people in most years, but if the union was not there, your wages might be even lower, and managements might be even bigger bullies, so that needs to be in the equation too. Even people in non-unionised workplaces get some benefit from the fact of unions’ existence, in that unions monitor managements generally and lobby for better laws.

    And anyway,benefits from union membership include the intangibles such as comradeship to sustain holding out for a better deal or respect.

    By the way, no-one is paying Pete Lazenby for what he does for the chapel at Leeds. You can’t get that via your insurance policy.

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  • June 28, 2012 at 1:17 pm
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    India is a lovely place to work these days. Stop being hysterical and get a bag packed. You might find it’s the best move you ever made. Personally I would not do it but for the affected staff it’s not a problem, they are not journos or editors so off you pop and give it a go.

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  • June 28, 2012 at 1:39 pm
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    ALL your legal expenses? Don’t you believe it, tide-timez. They cover you when you’re being sued, not when you want to challenge anyone over anything not directly related to your insurance policy!

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  • June 28, 2012 at 2:59 pm
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    As usual JP are well behind the trend – Newsquest started doing this nearly 5 years ago in Stourbridge, with the rest of the country outsourced relatively quickly after.

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  • June 28, 2012 at 3:00 pm
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    It seems the Press Association and Express KCS Ltd are getting off lightly so far.
    JP deserves the flak it’s getting but no doubt PA and Express were not just sitting back hoping JP would invite them to take on the work but are out there promoting the notion of switching to India and cutting costs.
    Go on to the Express KCS website as I just did and you’ll see this won’t be the end of it.
    Express is an American company, gets the work done in India and the four people it profiles don’t seem to have much passion for newspapers or much interest in keeping jobs in Peterborough and the like.

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  • June 28, 2012 at 3:03 pm
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    The NUJ is right to legally challenge this appalling move. Top brass at JP need to know how angry and disillusioned people are, regardless of the feelgood piffle coming from the top.

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  • June 28, 2012 at 3:04 pm
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    GladImOutOfit – I have legal expenses insurance, as an add on to my household contents insurance, and it’s great! I can access a legal helpline seven days a week, and, believe me, I’ve had cause to do that several times over the last few years, thanks to JP.

    It also covers me for representation by an employment lawyer at a tribunal, up to the value of £150,000.

    Not sure what it costs me each year, a very small amount, probably less than £50, but worth its weight in gold.

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  • June 28, 2012 at 3:35 pm
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    JPDrone and tide timez both miss the point.
    Unions are about strength in numbers, and defending rights and conditions in the workplace.
    Not looking after number 1.

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  • June 28, 2012 at 4:59 pm
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    Correct Corporal, and only as strong as the resolve of that collective. And that, apart from a few exceptions, is not very strong at all, for understandable reasons. That is why companies get away with industrial murder these days.

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  • June 29, 2012 at 9:24 am
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    I’m a JP employee and I’m waiting to hear Ashley Highfield’s views on this matter, either on this forum, his blog or email. Come on Ashley, you’re not usually so shy – speak up!

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  • July 2, 2012 at 9:53 am
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    After a strategic review of my 225% bonus potential…….

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  • July 3, 2012 at 2:39 pm
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    If any of the Top 12 media employers think that relocating even a small part of their operations to India they urgently need to speak to their colleagues in book publishing. Indians speak a different version of English to us, many things get changed in translation.

    Most book publishers wished that they had never listened to the so-called “management consultants” – and are actively trying to move back to the UK with their tails between their legs.

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