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LTB 181/20 - ROYAL MAIL GROUP - CWU ACTIONS ON THE CORONAVIRUS PANDEMIC

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LTB 181/20 - ROYAL MAIL GROUP - CWU ACTIONS ON THE CORONAVIRUS PANDEMIC

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LTB 181/20 - ROYAL MAIL GROUP – CWU ACTIONS ON THE CORONAVIRUS PANDEMIC

No: 181/20

3rd April 2020

TO: ALL BRANCHES

Dear Colleague

ROYAL MAIL GROUP – CWU ACTIONS ON THE CORONAVIRUS PANDEMIC



On Wednesday, we issued a statement to members explaining that Royal Mail’s response to the CWU proposal to increase protection and support for our members during the Coronavirus pandemic, was completely unacceptable to the union.

The purpose of this LTB is to update Branches and members on the actions we have taken and outline further steps that we are announcing to force Royal Mail to act and change the company’s national approach to the pandemic.

To recap, the CWU proposal was designed to work with the company and the Government to get in front of the inevitable and increase protection for our members, minimise the potential for postal workers to spread the virus, whilst at the same time ensuring that Royal Mail could prioritise its operations and maintain an emergency national network to support the country and the business.

The CWU proposal takes the strongest possible position on health and safety by insisting our members should not be required to work if Personal Protective Equipment and Government and Public Health Authorities’ advice on social distancing measures are not in place. We were also pre-empting the reality of the challenges keyworkers and the whole country will face in the coming weeks as the pandemic reaches a peak. This is about linking a necessary relaxation of national service standards to enable social distancing in all offices and giving a better chance for our members to cope as sickness/self-isolation increases.

In putting the proposal forward, we are also aware that the provision of PPE and enforcement of social distancing is at different levels across our Regions and workplaces. We acknowledge that in some locations local managers are working well with the union to make prioritising the safety of our members a reality on the ground. However, this is being undermined on a daily basis by a lack of empathy and leadership from the top of Royal Mail, with the senior management team failing to act in the best interests of the workforce.

Against this background, it’s important that our members recognise that CWU representatives are doing their utmost across the country to support the workforce during these extraordinary times and we want to publically thank them for the initiatives that they are undertaking regionally and locally on behalf of our members. This is undoubtedly having an impact and through their efforts we have seen a significant shift towards better working arrangements.

Since Wednesday, to increase the pressure to make the CEO and the senior management team take stronger action in line with our proposal, the union has taken the following steps:-
  • We have written to the Secretary of State for Business, Alok Sharma, asking the Government to intervene and we are awaiting a response.
    We have written to the Minister directly responsible for Royal Mail and the Post Office, Paul Scully, and are expecting a meeting with him later today, or on Monday.
    We have also written to all MPs, enclosing our proposal and asking them to lobby the Chief Executive and the Government to take stronger action and force Royal Mail to change their national approach. From this we know that senior Labour politicians are directly challenging the Government to take action.
    We have spoken to Frances O’Grady, General Secretary of the TUC and she is taking up our case, along with problems all workers are facing, with Government Minister Michael Gove today.
As well as setting out the conditions our members are working in, the above letters and actions we have taken with political leaders, make the point that the CEO has to lead by example and re- engage with the union at national level.

In the meantime, we can also advise that the following further steps are being taken.

Health and Safety
  • We are issuing advice today to our members on their individual rights under the 1996 Health and Safety legislation. This advice has been sent out in LTB 178/20 from Assistant Secretary Ray Ellis and for ease of reference is also attached again to this LTB. This advice makes it clear that individuals have the right to refuse to work if they believe they are in serious and imminent danger. Representatives have been encouraged to raise any such potential situation with management and to escalate the matter to a higher level within the business if it cannot be resolved.
    We reiterate the position we have already given to Royal Mail:-

    If Personal Protective Equipment is not in place for all employees, or in any workplace, then that office should cease its operations until the equipment has been provided to all employees. This includes gloves and hand sanitisers.

    If social distancing measures are not in place, in line with the Government advice (2 meters apart), then the office should be closed until this is rectified. Additional measures in this statement are designed to support the introduction of strict social distancing in every Royal Mail Group workplace.

    A number of individuals and offices have taken strong action locally on safety issues, which has significantly improved PPE and social distancing.
Supporting and Enforcing the CWU Proposal at Local Level
  • We are asking all CWU representatives to make representation to managers at local, area and divisional level, in order to implement the CWU proposal and develop a menu of options that introduce our approach in local workplaces. This is already happening and we know that there are some managers who are listening to our representatives and adjusting service standards accordingly. Utilising our health and safety and industrial representatives in this way will eventually force the company to change their position at national level.

    The National Officers responsible for Delivery, Mail Centres, Distribution and Parcelforce are developing a further menu of options which will be cascaded through union structures to support the introduction of our proposal and how matters should be taken through the IR Framework.

    If by next week, there is not a consistent approach to PPE, social distancing and a supportive change (as outlined in our proposal) for giving our members full pay on sick absence/self-isolation scenarios and unreasonable positions on annual leave, the union will be launching and giving publicity to a national vote of no confidence in the CEO Rico Back. To this end, we will be writing directly to the Chairman of the Royal Mail Group Board and his Board members, setting out our position and publicising this as an open letter to the Government, the country and the media.

    We are asking all CWU representatives to take up with their local managers and register a disagreement through the IR Framework, on the various sick leave/self-isolation/annual leave scenarios where managers are not giving our members full pay or treating them with dignity and respect. The CWU demands on this are included in our proposal and there is evidence that some local managers support what we are asking for and under the radar have taken actions to put this in place. Once again, this will put pressure on the CEO and senior management team to change their national approach.

    We are asking all Branch Secretaries to write to their local MPs and explain why the actions of the Chief Executive and his senior management team are unacceptable. We will issue a template for this letter later today. This will also focus on the need for the CEO to re- engage with the union at a national level.
Conclusion

We are confident that through the actions we have taken and the implementation of the next steps set out in this LTB, that we will see the company further shifting its position.

The union’s Executive will meet next Tuesday to review the situation and discuss any additional actions. In the meantime, we would ask all Branches and representatives to ensure that the content of this LTB is publicised to all members and workplaces.

Yours sincerely

Dave Ward Terry Pullinger

General Secretary Deputy General Secretary (P)



20LTB181 ROYAL MAIL GROUP – CWU ACTIONS ON THE CORONAVIRUS PANDEMIC https://emails.cwu.org/t/d-l-mtyhjjy-jtfltlykj-i/" onclick="window.open(this.href);return false;

20LTB178 Legal Rights of Employees in Unsafe Working Conditions https://emails.cwu.org/t/d-l-mtyhjjy-jtfltlykj-d/" onclick="window.open(this.href);return false;
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LTB 178/20 - Legal Rights of Employees in Unsafe Working Conditions

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LTB 178/20 - Legal Rights of Employees in Unsafe Working Conditions

No. 178/2020

3 April 2020

Our Ref: E4/20

To: All Branches

Dear Colleagues,

Legal Rights of Employees in Unsafe Working Conditions

Since the introduction by government of measures to contain the Coronavirus epidemic the Health and Safety Department has been receiving a steady stream of enquiries from concerned members and representatives about the legal rights of employees in a situation in which they are expected to work in conditions which appear to be unsafe.

It is emphasised that the intention in advising members of their legal rights is not in any way to encourage unofficial industrial action. It is important to emphasise that in the first instance the Safety Rep and/or IR Rep should immediately raise the issue with the relevant manager or person in charge of the building. If the problem is not immediately addressed, it should be escalated to area or equivalent level and if still not resolved should be escalated without delay to the relevant senior field official.

Royal Mail is publishing regularly updated Q&A sheets on measures which should be in place to minimise the risk of infection. The most recent, issued yesterday, has been circulated in LTB177/20 issued today.

The key measures which must be in place are social distancing – a distance of 2m (6ft) should be maintained between individuals at all times; and facilities must be available for regular handwashing and collection and delivery staff and other staff working outside the office should be provided with hand sanitiser.

There are a small number of situations where a 2m distance cannot be maintained – for example engineers working on a fault which requires two-person attendance. Urgent discussions have taken place with the business to identify and obtain appropriate clothing/equipment to enable the limited and specific situations to be dealt with safely.

In situations where members believe there is a failure to implement and maintain safe working conditions and this represents a “serious and imminent danger” Section 44 of the 1996 Employment Relations Act (ERA) protects employees from detriment or dismissal:

(d) in circumstances of danger which the employee reasonably believed to be serious and imminent and which they could not reasonably have been expected to avert, they left (or proposed to leave) or (while the danger persisted) refused to return to their place of work or any dangerous part of their place of work, or

(e) in circumstances of danger which the employee reasonably believed to be serious and imminent, they took (or proposed to take) appropriate steps to protect themself or other persons from the danger

In plain language, section (d) means that where an employee reasonably believes that there is a danger which is “serious and imminent” they can tell RMG that they intend to leave the workplace, or that part of the workplace where the danger exists, to actually leave if not given permission to do so or to refuse to attend for work but only for the specific health and safety reasons.

Whilst this is expressed as an individual right in the legislation, in Royal Mail where there are well established safety and industrial relations structures and procedures, mechanisms exist to quickly raise concerns with the appropriate manager and to escalate them if legitimate concerns are not fully addressed. It is imperative that wherever possible concerns are raised with Royal Mail so that action to remove the perceived threat can be taken.

None of the actions protected under Section 44 of the ERA 1996 should be treated as industrial action. Once again it must be emphasised that in responding to members’ enquiries in situations producing major stress and anxiety, the union is not encouraging un-balloted industrial action. We will of course support members exercising their rights under Section 44 to do so without suffering any detriment from the employer. The union’s primary role in the current situation is to ensure that the workplace is as safe as possible and that membership concerns are appropriately addressed by Royal Mail which has a legal obligation to adopt and apply appropriate measures to protect the safety of its workforce.

Any enquiries to this LTB should be directed to Ray Ellis (rellis@cwu.org).

Yours sincerely

Ray Ellis
Acting National Health, Safety & Environment Officer

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LTB 181/20 - ROYAL MAIL GROUP - CWU ACTIONS ON THE CORONAVIRUS PANDEMIC

Post by ssdd »

Section 44 - "serious and imminent danger".

You have to ask yourself if we are really being put in that position. It may be serious, but it's certainly not imminent, as any symptoms incurred would not develop for at least a few days. They also may not be serious.