Court interpreters protest over pay and conditions

https://www.bbc.co.uk/news/articles/cwyl0483jw0o

26 September 2024

Court interpreters protest over pay and conditions

Court interpreters and translators have withdrawn services at a court in a protest over freelance working conditions, with one claiming her peers live "pretty much on the poverty line".

Interpreters outside Chelmsford Crown Court say the introduction of a booking app by contractor thebigword (TBW) has led to problems with invoicing and payments.

The services - which help witnesses and defendants understand court procedures and language - were outsourced by the Ministry of Justice (MoJ) in 2012.

A spokesperson for His Majesty’s Courts and Tribunals Service said it was aware of walkouts "at a small number of criminal courts" but measures were in place to minimise disruption.

Sophie, who preferred not to give her surname, began work as an interpreter in 2013.

She said colleagues had endured late cancellations, travel cost issues, and in some cases, one hour's pay for a full-day booking.

The decision to halt their services comes as the UK faces a court backlog of over 60,000 cases.

TBW was handed the £15m contract to provide translation services to courts by the government in 2016.

The company provides telephone and face-to-face interpreting and translation services to the MoJ and other government departments, as well as the NHS and the emergency services.

Interpreters prioritise speed and spoken language live in court, whereas translators deal with the written word.

Sophie said: "You can effectively go somewhere and you can be cancelled off and adjourned.. and end up completely out of pocket."

Cristina, who has been an interpreter since 2018, also said she had found issues with the booking app.

"The jobs have disappeared when we went to invoice them - or part of the payment that we agreed on is not appearing on the portal anymore - so we don't get the pay for our services," she said.

She also said the courts were frequently told that interpreters were not available, when they were in fact waiting for work, "unable to see the jobs or unhappy with their pay".

'Out of pocket'

The action taken by interpreters is not classed as a strike as the workers are not employed by TBW, but instead work on a freelance basis.

Their case has been taken up by the law firm Leigh Day, which is pushing to grant them full rights under employment law, external, including holiday pay and the minimum wage.

Gabriel Morrison, a senior associate solicitor in the employment team, said: “Some of the experiences reported by interpreters, which have now resulted in the temporary withdrawal of their services, demonstrate the inequity between thebigword and their interpreter workforce."

He added that when the company's system fails, it is "the interpreters who are left out of pocket as a result of those failings".

"The control over the interpreters and integration into thebigword’s business is why we consider that they are workers, rather than independent contractors," he said.

Disgruntled court interpreters withdraw services

https://www.lawgazette.co.uk/news/disgruntled-court-interpreters-withdraw-services/5120945.article

24 September 2024 by Monidipa Fouzder

Disgruntled court interpreters withdraw services

Courts could be plunged into fresh chaos this week as disgruntled interpreters down tools over grievances raised with the company contracted by the Ministry of Justice to provide language services. Contractor thebigword said it has contingency plans to minimise any impact of this week's protest on services provided to the court.

The Gazette revealed in June that interpreters had complained to thebigword that problems with a new booking system were making their lives difficult. In July, while interpreters met representatives from the company in central London to discuss the matter, several interpreters held a vigil outside the venue, telling the Gazette that they had long been unhappy about pay, terms and conditions, and the booking system was the ‘last straw’.

Interpreters are escalating their dispute this week by withdrawing their services from court bookings. Protests are also being held outside courts.

A leaflet handed out by interpreters outside London’s Royal Courts of Justice says the booking system ‘has caused havoc from day 1’ and in several cases ‘led to the denial of thousands of pounds worth of payments to interpreters and left them accruing unpaid debts’.

Lately, there has been a substantial increase in the number of interpreters’ non-attendance and double bookings. Hundreds of interpreters representing a wide spectrum of languages cannot earn a sustainable income and are increasingly being forced out of the profession,’ the leaflet adds.

This week's protest represents a fresh headache for thebigword, which faces a potential group claim over employment rights.

A spokesperson for thebigword said the company was aware of a planned protest ‘by a small group of interpreters out of the 5,000 interpreters who work with us’ and has contingency plans to minimise any possible impact on services provided to the courts.

‘We have a great partnership with our interpreters, who overwhelmingly enjoy the working arrangements we have with them. There are considerable benefits which they appreciate and understand. We have an open dialogue with our people about any issues raised. Our contracts are reviewed by leading employment lawyers who confirm they are entirely appropriate for self-employed freelances,' the spokesperson added.

A spokesperson for HM Courts & Tribunals Service said: ‘We are aware of some planned walkouts by interpreters at a small number of criminal courts. We have contingency measures in place to ensure the courts can remain open and disruption is minimal.’

Guidance provided by the MoJ says thebigword is required to provide HMCTS with interpreters as needed and at the rates in the contract. ‘How interpreters are sourced and the rates paid sit entirely within the domain of thebigword although HMCTS has set detailed and comprehensive requirements in the contract for quality and security clearance, among other things,’ the guidance adds.

Last month the House of Lords public services committee announced an inquiry into interpretation and translation services in the courts. The committee's call for evidence closes on 30 September. 

Court interpreters in England and Wales to withdraw labour for a week

https://www.theguardian.com/law/2024/sep/23/court-interpreters-in-england-and-wales-to-withdraw-labour-for-a-week

23 Sep 2024

Court interpreters in England and Wales to withdraw labour for a week

Delays in the criminal justice system risk being compounded by a week-long withdrawal of labour starting on Monday by court interpreters in England and Wales angry with the private provider that contracts them.

The move by interpreters, who provide their services through thebigword, which has a £15m contract with the government for interpretation and translation, will come as a blow to the new government as it confronts the crown court backlog of nearly 68,000 cases.

Complaints by interpreters include inadequate rates, not receiving payments they are entitled to, and being required to cover multiple cases for no additional cash.

They also say that a new booking and invoicing app introduced in June by the language service provider is not fit for purpose and that those who have already stopped doing work for thebigword have been replaced by people not suitably qualified.

More than 500 interpreters who provide services to thebigword have formed a WhatsApp group who share their concerns. A message published on the website of the National Register of Public Service Interpreters (NRPSI), states: “As long as bookings continue to be outsourced by agencies at inadequate rates offered to qualified and regulated interpreters, the current backlog which is the second biggest since Covid, will continue growing …

“We are at the stage where we are withdrawing our services. We hope and trust that attention is appropriately drawn to this extremely serious matter that urgently needs to be addressed and remedied.”

The problems are reminiscent of those raised with private companies who held the translation contract in the past, such as Applied Language Solutions and Capita. In 2012, hundreds of court interpreters boycotted the contract with ALS.

Winston Moore, a Spanish-language interpreter, said of the four months since the new app had been introduced: “There has been a lack of payments, problems with invoicing, we have turned up in court for hearings that have been cancelled, a whole series of issues.”

Andrea Hurtado, another Spanish-language interpreter, said: “A lot of people, including myself, have not received payment for work carried out. [thebigword’s contract] costs the Ministry of Justice quite a bit of money, extortionate fees that are not passed on to the workers. Often, if an interpreter chooses to go to a booking, they’ll be incurring a loss, not making money.”

She said using unqualified interpreters was wrong as “lives are at stake” in criminal proceedings.

The action is not a strike, as the interpreters are not employed by thebigword. However, the law firm Leigh Day is separately acting for interpreters, who it says should be treated as workers rather than self-employed interpreters by thebigword and given appropriate rights under employment law, including holiday pay and at least minimum wage.

A spokesperson for His Majesty’s Court and Tribunal Service said: “We are aware of some planned walkouts by interpreters at a small number of criminal courts. We have contingency measures in place to ensure the courts can remain open and disruption is minimal.”