Barnsley Council rejects GMB industrial action threat over nursery transfer plan

GMB has announced it will hold a consultative ballot among Barnsley council nursery staff to consider industrial action, prompting a detailed response from the council.

The council has been reviewing six of its nursery sites since 2024 and, in 2025, Full Council approved a plan to transfer these nurseries to an external provider. A consultation on how the transfer will be implemented is still under way, with the stated aim of preserving long-term childcare provision for local families.

According to the council, the transfer will keep nursery places open, protect existing jobs and retain the skills of current staff. It also expects the new provider to expand services, potentially offering childcare outside term time, at least 30 funded hours and places for children from nine months old where such options are feasible. By moving the nurseries out of direct council control, the council anticipates a reduction in the amount of taxpayer money required to fund the services.

Cllr William Brown, Leader of Barnsley Council, argued that the council cannot meet families’ childcare needs with the funding it currently has. He stressed that the proposal is not privatisation, outsourcing or a sale of the business, as GMB has suggested. "Councils do not have a legal duty to run nurseries," he said, adding that the council would remain the landlord of the nursery buildings while the services operate separately.

A key point of contention has been pension arrangements. Legal advice obtained earlier in the year confirmed that staff cannot remain in the Local Government Pension Scheme (LGPS). The council quickly shared this information with staff and trade unions. While TUPE will protect staff terms and conditions, it does not automatically safeguard pension rights. The preferred external provider, however, is offering a pension package that exceeds the basic statutory scheme, a concession achieved through negotiation. Staff will also retain the benefits they have already accrued in the LGPS.

The council acknowledged that the review has been unsettling for staff but highlighted that an extensive consultation, supported by trade unions, has taken place. At the most recent meeting, unions including GMB agreed to proceed with the proposed TUPE and pension arrangements, recognising that they protect jobs. The council expressed disappointment that GMB has now moved to a ballot on industrial action despite that progress.

Barnsley Council explained that two steps must be completed before any strike can occur: first, the consultative ballot currently proposed by GMB; second, a formal strike ballot if members vote in favour of further action. The council reaffirmed its commitment to put children and families first, respecting the right to strike while stating it will not allow the threat of industrial action to dictate its decisions. If a strike does happen, the council said it will take all possible measures to keep nursery services running.