CWU : The 12 week sacking thing if on strike.

[POSTMAN]

Tony Bouch

For attention of all CWU Branches and Members

As stated on the CWU FB Live yesterday by Dave Ward, General Secretary. The legislation in place does allow after a 12 week period of Industrial Action for an employer to dismiss however that is also dependent upon discussions/talks and attempts to resolve the dispute during this period taking place.

In addition, just so everyone is absolutely crystal clear on this, no one employee can be targeted over that aspect. It would have to mean the employer (Royal Mail Group) having to dismiss all employees and in this case would mean all circa 128,000 employees.

So no individual CWU member could be selectively targeted by the business for taking strike action on Saturday 24th December and likewise any future action.

I believe an LTB is being issued today by CWU HQ, but in the meantime feel free to share the above to all your Reps and Members if that helps.



Royal Mail Group Disputes – 12 Week Protected Period

The purpose of this LTB is to provide clarity around the complex law following the first 12 weeks of Industrial Action. As Branches will be aware, the strike action linked to the Change ballot was first activated on 30th September 2022. Consequently, the 12 week protected period expires on 23rd December 2022. We appreciate there has been a degree of speculation around this situation in respect of what RMG may do after this date.

As explained by Dave Ward, General Secretary in yesterday’s Facebook Live session, for an employer to legally dismiss, no single employee can be targeted through this clause. Therefore, it would mean RMG would have to dismiss all employees taking strike action and in this case this would equate to in excess of 100,000 members.

To be clear, no individual CWU member can be selectively targeted by RMG for taking legal strike action on Saturday 24th December 2022 and likewise any future action under the Change ballot.

We would strongly point to the fact that our Post Office members continued taking strike action throughout the 6 months of their ballot including the last day of the life of the ballot.

We have also spoken to senior RMG management who have confirmed they have no intention to use this legislation as they acknowledge it would be impossible to replace their entire workforce. Furthermore, we have raised this matter with the Chief Conciliator at Acas who has advised there are no precedents in this area. We are therefore certain that selective dismissal would be challengeable through an Employment Tribunal with a very strong prospect of success.

In closing, the speculation around this issue has been deliberately pedalled by local managers who are attempting to de-stabilise the support for the dispute. These managers are simply mischief-making and their actions have no substance.

Dave Ward
General Secretary
Andy Furey
Acting Deputy General Secretary Postal

[RHONE]

Why the F are we even in this position if there was even the slightest chance of a problem why didn't we strike today and Fri ............

[post6675]

Tony Bouch

For attention of all CWU Branches and Members

As stated on the CWU FB Live yesterday by Dave Ward, General Secretary. The legislation in place does allow after a 12 week period of Industrial Action for an employer to dismiss however that is also dependent upon discussions/talks and attempts to resolve the dispute during this period taking place.

In addition, just so everyone is absolutely crystal clear on this, no one employee can be targeted over that aspect. It would have to mean the employer (Royal Mail Group) having to dismiss all employees and in this case would mean all circa 128,000 employees.

So no individual CWU member could be selectively targeted by the business for taking strike action on Saturday 24th December and likewise any future action.

I believe an LTB is being issued today by CWU HQ, but in the meantime feel free to share the above to all your Reps and Members if that helps.

Why even take the risk? No matter how small especially if its avoidable by just moving the date forward?

[matthew68]

Well maybe they already discussed this and Thompson is possibly going to sac the lot of us under this technically . He will just bring in agency staff!

[Acca Dacca]

Well maybe they already discussed this and Thompson is possibly going to sac the lot of us under this technically . He will just bring in agency staff!

Yeah and all 100,000+ of us would just say “ah fair enough sure” and go off our merry ways

Some of you on here are mental

[redlen]

Yet we still wait for confirmation from the CWU that the legal protections end after the 23 December until the new Ballot is actioned and put into place on the 16 January.

This post is admitting you will be in breach of your contract of employment for striking on the 24 December.

Taking strike action on the 24 December will mean you are in breach of your contract of employment and subject to the disciplinary process.

Why is that, people are really worried about this development that has been festering now for a month with no response?

How about two year suspended dismissal as an example as an altrnative with the displinary process for breach of contract. Imagine having that hanging over your head for two years?

And people will be naive to think people are not going to be targeted over this strike action, especially reps with future erroneous conduct action for trivial transgressions.

[awalkinthepark]

What are you worried about. There is nothing to deliver anyway. I've seen the photos.

[freespeech]

This post is admitting you will be in breach of your contract of employment for striking on the 24 December.

Taking strike action on the 24 December will mean you are in breach of your contract of employment and subject to the disciplinary process.

Lawfully taking IA is technically breach of contract regardless of the 12 week issue.

[roman]

What would happen if they targeted individuals ? Presumably if you were sacked or suspended for breach of contract then they’ll be an appeal process. Not very comforting with that hanging over your head over Xmas.

[Binsey]

Just think we could of been at work the next 2 days doing F-all….. :cuppa :cuppa

[redlen]

This post is admitting you will be in breach of your contract of employment for striking on the 24 December.

Taking strike action on the 24 December will mean you are in breach of your contract of employment and subject to the disciplinary process.

Lawfully taking IA is technically breach of contract regardless of the 12 week issue.

But a balloted strike gives legal protections from recrimination with the employer

[freespeech]

This post is admitting you will be in breach of your contract of employment for striking on the 24 December.

Taking strike action on the 24 December will mean you are in breach of your contract of employment and subject to the disciplinary process.

Lawfully taking IA is technically breach of contract regardless of the 12 week issue.

But a balloted strike gives legal protections from recrimination with the employer

Agreed....but it's still breach of contract. It's just protected against unfair dismissal.

[redlen]

But if you strike without those legal protections in place, any dismissal will be automatically fair.

We have the CWU in a release into the public domain actively encouraging its members to break the law.

Royal Mail legal department will have an absolute field day with this

[freespeech]

Well maybe they already discussed this and Thompson is possibly going to sac the lot of us under this technically . He will just bring in agency staff!

Yeah and all 100,000+ of us would just say “ah fair enough sure” and go off our merry ways

Some of you on here are mental

Fair point but I'm not sure the risk is 128,000 people. Surely it's those triggering the 12 week period on Saturday that are at risk? Given it's a non working day for a lot of people and others will attend work on a Sat anyway isn't the vulnerable number a lot less?

[Chitchat]

Royal mail havent exactly made any effort to settle this dispute have they! The cwu offered to cancel last week's strikes, royal mail turned them down. Cwu offered to call off these two up and coming strikes royal mail turned them down.