PROGRESS IN EUROPE LEAF COMPLAINT TO EUROPEAN COMMISSION– – FURTHER DEVELOPMENTS Following LEAF’s complaint to the EU Commission and a subsequent meeting between Commission Officials and LEAF Officers in which detailed argument was presented in support of the Lecturers’ case, the Commission wrote to the United Kingdom Authorities in October 2002 to ask for comments on two specific issues. These were the pay and promotion freeze imposed on Further Education staff who retained their pre-transfer conditions following incorporation, and the further restrictions placed on retirement benefit eligibility by the United Kingdom Government in 1997. These matters are central to the contractual dispute that LEAF has with the Further Education employers in the UK and we understand that the United Kingdom Government has now responded to the Commission.   We Remain Completely Confident of the Correctness of our Stance Although the details of the Government’s response have yet to be made available to us, we are absolutely certain that the UK Authorities will be unable to explain satisfactorily (in the sense of being able to justify in European Law) the oppressive policy pursued for ten years against Further Education Lecturers. It is absolutely central to LEAF’s view on the matter of your pay and conditions of service, that the strategy employed by the UK Government, the CEF (now AOC) and the individual college employers was, in design and execution, intended to circumvent your rights in European Law. We are extremely confident that the Commission will have to agree with this fundamental truth at some point soon. It will then be our intention to move forward with detailed arguments, which will lead to a revisiting of all the contracts introduced in Further Education Colleges since April 1993.   Ten Years of Injustice Must be Remedied LEAF will continue to press the Commission to take appropriate action to make good the injustices that have been, and are being, endured by staff in the sector. For the sake of clarity, we emphasise that we are concerned about the pay and conditions of service of all Lecturers in the sector– – new contract, local new contract, Silver Book and agency staff. If you work as a Lecturer in Further Education, your situation is our concern. The Commission has written to the United Kingdom because LEAF has deployed unassailable arguments that clearly show that a legal injustice has occurred. We anticipate major fireworks in the months and years ahead. If you want improvements in your pay, conditions of service, prospects and pension, then you need to know what we are doing, and you need also to join us.   Extraordinary Claims Require Extraordinary Proofs And we have provided it! Our assertions are not based upon some loose view of Community Law and its relation to UK Law; they are well founded and fundamental in approach. In almost eight years of pressing our case, we have not yet met a Lecturer who does not agree with our views. As far as our opponents are concerned, they have failed completely to refute our arguments. We have rejected the Employment Tribunal decisions as wholly wrong and contrary to established principles of European Law, in particular in relation to the matter of the transfer of collective agreement rights. We believe that the next period will demonstrate that we were completely correct.   We’ll be Looking for Major Compensation for You. When this long dispute is settled (which will only happen with our involvement), it will be necessary to re-establish collective agreements across the sector. We will be looking for major structural changes to the organisational arrangements for Further Education provision. And, we will be looking for compensation arrangements for Lecturers affected– which in reality will mean most Lecturers. It is very clear that, for example on the question of pay, no satisfactory long-term solution will be possible on the basis of the present system of 400 ‘independent’ colleges. LEAF’s approach is the only realistic one, from the standpoint of Lecturers’ rights. NATFHE has also now come down strongly against incorporation. We very much welcome this development.   What Happens Next As soon as we are able to do so, we will give details of the response of the United Kingdom Government, and our comments/representations. We will also shortly launch our campaign on Lecturers’ rights leading up to the tenth anniversary of Incorporation, with the theme ’Ten Wasted Years'. We will be asking you get involved by writing to your MP and MEP. We’re not there yet, but we’re getting there. So take heart, and let’s move forward to a better future for all Lecturers and students. Keep logging in for further updates.   LEAF, WORKING UNSTINTINGLY FOR JUSTICE FOR ITS MEMBERS. Protect your own future by supporting LEAF and sending in your donations today!