Union rep moves forwards with Employment Tribunal.

Post by **TheBushBaby** » 11 Aug 2018, 17:30

I have seen a Union Rep, Jim Murphy has successfully survived his Preliminary Hearing at Watford Tribunal on Friday the 10th of August 2018. .

I understand that He had his credentials and facility time stripped away in January, which was agreed in the year 2003 between Royal Mail and the CWU following the London weighting dispute.

From the grapevine I heard that He was complaining to the Court about some sort of Discrimination about being a Rep and how Royal Mail had not used the legally binding IR Framework Agreement.

He has also posted that no senior reps assisted him in progressing his case internally.

Can anyone shed any more light on it please ?

Creditshampoo · Post by **Creditshampoo** » 12 Aug 2018, 00:06

Senior reps ignoring an IR rep?! Surely not!!
I say that as sarcasm of course. I’ve known first hand as soon as someone gets their full time release they no longer give a flying f**k

Post by **General Mannerheim** » 14 Aug 2018, 17:51

Is this the chap from Harrow?

Post by **TheBushBaby** » 28 Aug 2018, 15:32

Yes He is !

Post by **TheBushBaby** » 28 Aug 2018, 15:36

I understand He has won (if you can call it that) his Preliminary Hearing stage and has a full hearing next June.

Now We will see what is legally binding or not.

Creditshampoo · Post by **Creditshampoo** » 28 Aug 2018, 18:30

TheBushBaby wrote:I understand He has won (if you can call it that) his Preliminary Hearing stage and has a full hearing next June.

Now We will see what is legally binding or not.

Very interested in this please post up when you know more

Creditshampoo · Post by **Creditshampoo** » 28 Aug 2018, 18:30

TheBushBaby wrote:I understand He has won (if you can call it that) his Preliminary Hearing stage and has a full hearing next June.

Now We will see what is legally binding or not.

Was his latest hearing public? Trying to find it

spilie · Post by **spilie** » 29 Aug 2018, 17:45

Creditshampoo wrote:Senior reps ignoring an IR rep?! Surely not!!
I say that as sarcasm of course. I’ve known first hand as soon as someone gets their full time release they no longer give a flying f**k

Honestly that is a horrible statement you may have had a bad experience but to make a sweeping statement like that is just not fair

Post by **TheBushBaby** » 02 Sep 2018, 22:35

Creditshampoo wrote:
TheBushBaby wrote:I understand He has won (if you can call it that) his Preliminary Hearing stage and has a full hearing next June.

Now We will see what is legally binding or not.
Was his latest hearing public? Trying to find it

It was in private, but the full hearing is due in June next year is public. Three Senior Royal Mail Manager, two infamous HR Managers. The Claimant, the local CWU Rep and a national Officer.

Wornoutpostie · Post by **Wornoutpostie** » 03 Sep 2018, 07:18

Can't wait to see the outcome of this

Post by **TheBushBaby** » 03 Sep 2018, 18:13

I spoke with Jim earlier and He has informed me of some facts about what is going on.

1. He has an agreement with Royal Mail in 2003 that He had negotiating rights, accreditation and full time release.

2 In 2009 He assumed the role of Area Distribution Rep HA/UB/OX/HP and took the 2003 facility agreement with him in the new role.

3. He lost the Area Distribution Rep election in January in 2018.

4. Royal Mail HR approached CWUHQ and a conversation took place. - What was said is still unknown, however Jim has requested the relevant National Officer makes a witness statement for the Employment Tribunal. The National Officer has not yet confirmed He will or will not do this.

5 Jim pointed out the original agreement which was never ceased still holds the field. Royal MAil on HR advice said it has ceased yet do not have any documents in support of this that pre-date this case. Jim then tried to take it to the IR Framework, which HR stated it was not proper to the IR Framework.

6 Jim stated He was standing by the agreement and HR told him in writing and in front of his Union Rep He would be taken off pay in January 2018.

7 Jim sought ACAS assistance and Royal Mail walked away.

8 Jim won his Preliminary hearing and a date is booked for a week June 2019.

Now, this opens up a whole debate as to if the IR Framework is indeed legally binding and if Royal MAil HR have broken the law ? Either way a precedent is set, but an interesting one. Also, what was the conversation between Royal MAil HR & CWUHQ, surely the IR Framework starts locally not nationally ? And which Royal Mail policy does taking of pay for following an agreement qualify as ?

This case alone will raise many questions and could have been avoided if Royal Mail used the IR Framework.

Jim is now at home on long term sick and on half pay, they cannot even pay him the correct amount for his annual leave. He representing himself and has received no support from the Area Rep, Divisional Rep or CWUHQ.

Post by **TheBushBaby** » 10 Sep 2018, 16:43

I spoke to Jim this afternoon for an update.

He has conformed Royal Mail have walked away from talks with ACAS.

Jim has said they done the same in February and never replied in May until two weeks ago.

Also The Court has ordered both Royal MAil and Jim to list all relevant documents and exchange the list by the 28th of September 2018.

In the mean time Jim has requested a statement from a National Officer who has said He will let Jim now by the 18th of September if He will provide one.

Post by **General Mannerheim** » 10 Sep 2018, 21:28

TheBushBaby wrote:I spoke to Jim this afternoon for an update.

He has conformed Royal Mail have walked away from talks with ACAS.

Jim has said they done the same in February and never replied in May until two weeks ago.

Also The Court has ordered both Royal MAil and Jim to list all relevant documents and exchange the list by the 28th of September 2018.

In the mean time Jim has requested a statement from a National Officer who has said He will let Jim now by the 18th of September if He will provide one.

That's cutting it a bit fine to be getting this statement off this national officer for exchange of documents which will be used in the pending tribunal.
What is Jim going to do if he doesn't provide it? Go for a court order?

Post by **TheBushBaby** » 11 Sep 2018, 13:57

Yes He is already applied for a court order in June 2018. The Tribunal advised Jim at the Preliminary Hearing to try one last time to secure a voluntary attendance and statement. If nothing is coming the court will issue a Court Order for the National Officer to attend in June and become a Court witness.

Post by **TheBushBaby** » 12 Sep 2018, 09:54

Another update I was unaware off is that JIm and Royal MAil have to swap a list of documents they are intending to use as evidence by the end of September. Jim assures me He has drawn up his already.