LTB 123/23 - RMG/CWU BUSINESS RECOVERY, TRANSFORMATION AND GROWTH AGREEMENT - LORD FALCONER REVIEW OF CONDUCT CASES (APPENDIX 7)

[POSTMAN]

https://www.cwu.org/ltb/ltb123-23-rmg-c ... ppendix-7/

LTB 123/23 - RMG/CWU BUSINESS RECOVERY, TRANSFORMATION AND GROWTH AGREEMENT - LORD FALCONER REVIEW OF CONDUCT CASES (APPENDIX 7)
No: 123/23

18th May 2023

Dear Colleague

RMG/CWU BUSINESS RECOVERY, TRANSFORMATION AND GROWTH AGREEMENT – LORD FALCONER REVIEW OF CONDUCT CASES (APPENDIX 7)

Further to LTB 121/23 viewtopic.php?f=87&t=109849&p=1053683 dated 17th May. Branches are advised we have today submitted another batch of consent forms (27) to RMG totalling 85 to date.

Consent forms have to be submitted by Friday 26th May; however, we expect some exceptions to this, such as where conduct decisions have not been notified to individuals, along with those members who are still suspended and therefore are potentially facing disciplinary charges.

Branches will have received an email receipt via independent-review@cwu.org for each consent form submitted. In the event a Branch has not received an acknowledgement from this dedicated email address, this means the form has not been received. In these circumstances, Branches must urgently contact Rob Wotherspoon Postal Executive, via the dedicated email address.

In order to carry out the vital preparation for submitting cases formally into the Independent Review, Branches must give this matter their fullest attention, particularly the provision of case papers, once again to the dedicated email address.

Further updates will be provided in due course.

Yours sincerely

Dave Ward
General Secretary

Andy Furey
A/Deputy General Secretary (Postal)

[POSTMAN]

https://www.cwu.org/ltb/ltb-127-23-rmg- ... ppendix-7/

LTB 127/23 – RMG/CWU Business Recovery, Transformation and Growth Agreement – Lord Falconer Review of Conduct Cases (Appendix 7)
No: 127/23

24th May 2023

Dear Colleague

RMG/CWU Business Recovery, Transformation and Growth Agreement – Lord Falconer Review of Conduct Cases (Appendix 7)

Further to LTB 123/23 dated 18th May, Branches are advised we have now submitted 2 further batches of consent forms to RMG totalling 126 to date. Branches will have received an email receipt via independent-review@cwu.org for each consent form submitted. Please contact Rob Wotherspoon, Postal Executive, via the dedicated email address if the acknowledgement has not been received. In line with the words of Appendix 7, “The Review will cover: Individual cases of both CWU members and CWU representatives referred to it by the union”. To be clear, the union will be reviewing all casefiles received along with any documentation provided by RMG and submitting all appropriate cases to the Independent Review and the submissions will be totally at the discretion of the union, not RMG.

Suspended Members/Representatives – Consent Forms Required

Lord Falconer has directed that Consent forms have to be submitted by this Friday, 26th May; however, we expect there to be some legitimate exceptions to this, such as where conduct decisions have not been notified to individuals along with those members who are still suspended (currently believed to be 37 people) and are therefore yet to face disciplinary charges. With regard to the latter, we will be writing directly to all Branches who have suspended members/Reps, asking them to provide a separate consent form on the basis there is the potential that the suspension may ultimately lead to a disciplinary penalty. The Consent forms need to be sent into the dedicated email address: independent-review@cwu.org

Branches are reminded to give the Independent Review their fullest attention, particularly the provision of all case papers to the dedicated email address.

Yours sincerely



Dave Ward
General Secretary

Andy Furey

[POSTMAN]

https://www.cwu.org/ltb/ltb-136-23-rmg- ... ppendix-7/

LTB 136/23 – RMG/CWU Business Recovery, Transformation and Growth Agreement – Lord Falconer Review of Conduct Cases (Appendix 7)
No:136/23

31st May 2023

Dear Colleague

RMG/CWU Business Recovery, Transformation and Growth Agreement – Lord Falconer Review of Conduct Cases (Appendix 7)

Further to LTB 127/23 of 24th May 2023 we can now confirm that seven batches of consent forms as listed below totaling 155 (111 dismissals), were sent in to RMG by close of play on Friday 26th May 2023. The Company has acknowledged receipt of all.



Batch 1 Total 36 (12th May) Batch 5 Total 23 (24th May)
Batch 2 Total 22 (16th May) Batch 6 Total 18 (25th May)
Batch 3 Total 27 (18th May) Batch 7 Total 10 (26th May)
Batch 4 Total 19 (22nd May)


We are now in receipt of the vast majority of consent forms that relate to members currently on suspension and these (30) have also been submitted. For those Branches that have still to forward consent forms, this should be done as soon as possible, to the independent-review@cwu.org e-mail address.

Branches must also be aware there are cases where a conduct allegation/ charge has been made relating to the dispute but a decision is still outstanding and yet to be notified to the person concerned. It is vital that in such cases Branches, once the disciplined penalty has been advised, must submit consent forms to the e-mail address above so these cases can also be included in the review.

In closing we would like to thank Branches for their continued efforts in relation to the review and further updates will be provided in due course.

Yours sincerely

Dave Ward
General Secretary

Andy Furey

A/Deputy General Secretary (Postal)

[POSTMAN]

https://www.cwu.org/ltb/ltb-175-23-lord ... nal-stays/

LTB 175/23 – LORD FALCONER INDEPENDENT REVIEW (APPENDIX 7) AND EMPLOYMENT TRIBUNAL ‘STAYS’
No. 175/23

7th July 2023

Dear Colleagues,

LORD FALCONER INDEPENDENT REVIEW (APPENDIX 7) AND EMPLOYMENT TRIBUNAL ‘STAYS’

Branches and representatives will be aware the nationally agreed Terms of Reference for the Independent Review by Lord Falconer (Business Recovery, Transformation & Growth Agreement – Appendix 7), is clear that employees still retain the right to go to an Employment Tribunal (ET) even though a consent form has been signed for inclusion in the review. Currently, c.200 members and Representatives have submitted consent forms for the review, and a number of these cases also have live ET claims.

RMG initially agreed as a result of the review that where a consent form had been submitted and an ET was pending, this would be “stayed” with the Independent Review being treated as the priority. As a result, RMG’s solicitors, Weightmans, started notifying tribunals that these cases should be “stayed” (postponed), until the Independent Review was concluded. Clearly there was a logic to this position which we supported. However, within a short space of time, Weightmans started to reverse this position and sent further e-mails to inform members and Representatives that the “stays” on such cases had now been withdrawn. Their argument for adopting this position was the delay in the union instigating the ballot.

We wrote to Zareena Brown, Chief People Officer, on 20th June 2023 to oppose the withdrawal of the “stayed” position and received a response on 27th July from Matt Newman, Chief Legal Officer, stating:

“I agree with you. In cases where the Independent Review may impact a tribunal case, and the hearing is currently listed within the next 4 months (which should be more than enough time for the Independent Review to conclude) a stay will be appropriate”.

On 28th June we replied, agreeing that those ET cases listed before 31st October 2023 where the claimant had submitted a consent form for inclusion in the Independent Review should be stayed. Obviously this position does not apply to any cases where a member has chosen not to enter the Review.

A meeting with Lord Falconer and his team, as well as RMG will be held on Friday 14th July 2023, to discuss how the review will be taken forward. Thereafter, an update will be provided to the Postal Executive and appropriate communications will follow.

We hope this information will help Branches and Representatives to answer any enquiries received in relation to this matter. If further advice is required please e-mail independent-review@cwu.org;

Yours sincerely, Yours sincerely,

Andy Furey Dave Ward
A/Deputy General Secretary (Postal) General Secretary

[POSTMAN]

https://www.cwu.org/ltb/ltb-242-23-upda ... agreement/

LTB 242/23 – UPDATE ON APPENDIX 7 BUSINESS RECOVERY TRANFORMATION AND GROWTH AGREEMENT
No. 242/23

26th September 2023



Dear Colleagues,

BRT&G AGREEMENT – LORD FALCONER INDEPENDENT REVIEW

Further to LTB 226/13 dated 7th September 2023, a further meeting was held on 21st September 2023 with Lord Falconer and RMG.

As previously reported, both parties submitted 13 priority cases falling into the three particular categories of social media, picket–line and workplace. Whilst Lord Falconer has undertaken an initial examination of the documentation from RMG and the CWU detailed counter-submission, it became evident some case papers were missing. RMG has in recent days submitted these documents to the Review and this will enable Lord Falconer to focus on reaching his conclusions for 26 priority cases.

Accordingly, Lord Falconer is aiming to provide both RMG and CWU with individual outcomes in respect of the 26 priority cases within the next 2 weeks. Both parties will then have time to consider the decisions ahead of the next meeting with Lord Falconer and RMG scheduled for 13th October 2023.

Obviously this continues to be an unsettling time for those Reps and members who have submitted consent forms to be included in the Independent Review, so a letter outlining recent developments has today been sent to each individual.

Evidently there is now a momentum along with defined timelines for Lord Falconer to reach decisions on the first 26 cases. These decisions will undoubtedly have an impact on how the remaining cases are then viewed and this will be subject to a further discussion at the next meeting with Lord Falconer and RMG on 13th October. Another update will be given following this.

Employment Tribunal Stays

Following last Friday’s meeting, we have agreed with RMG that Employment Tribunal hearings relating to cases included in the Independent Review will now be stayed until 31st December 2023 (previously it was 31st October). Branches and Reps will have to ensure this information is relayed to the appropriate ET Chair, as well as informing Weightmans Solicitors of this agreement should further correspondence be exchanged.

On-line Meeting – Wednesday 4th October, 6 pm

A “Zoom” call for all members and Reps who have submitted consent forms to be included in the Lord Falconer Independent Review will be held at 6 pm on Wednesday 4th October.

Finally, please note that any questions you have should continue to be directed through the dedicated e-mail address – independent-review@cwu.org

Yours sincerely



Dave Ward Andy Furey
General Secretary A/Deputy General Secretary (Postal)

[POSTMAN]

https://www.cwu.org/ltb/ltb-344-23-lord ... ext-steps/

LTB 344/23 – LORD FALCONER INDEPENDENT REVIEW – UPDATE AND NEXT STEPS
No. 344/23

20th December 2023

Dear Colleagues,

LORD FALCONER INDEPENDENT REVIEW – UPDATE AND NEXT STEPS

Further to LTB 287/23 dated 9th November, in recent weeks there has been an intense amount of activity involving regular engagement with RMG with the aim of ensuring the terms of the Collective Agreement are jointly implemented as quickly as possible. We are pleased to report there have been significant and positive developments associated with the implementation of the ‘Collective Agreement’.

COT3 Settlement Forms

Lengthy and detailed exchanges of correspondence between the respective legal representatives took place also involving input from ACAS, resulting in Collective COT3 settlement forms being agreed for everyone in the dismissal category. This covered two distinct groupings:

those who opted for reinstatement.
those who chose to take the enhanced financial settlement rather than returning to work.
Obviously, the dire impact on individuals and the numbers involved in dismissals meant we had to prioritise the above two groups.

Having completed this work, focus and attention turned to the COT3s for those who received a penalty of less than dismissal. The current position is, via our legal experts, we proposed amendments to the draft COT3s and RMG’s legal team has confirmed agreement. We therefore anticipate we will have an agreed COT3 in respect of these members/Reps by the end of this week. This is subject of course to the Acas process.

Dismissals (Section 5.1 of the Collective Agreement)

A huge positive is 35 members/Reps returned to work on 18th December. The remainder (around 80 people), where dismissals were overturned, opted to leave with the enhanced package as per Section 7 of the Collective Agreement.

All back pay and compensation monies are due to be received no later than 22nd December 2023 with a payslip provided to both leavers and returners. Payslips will contain a breakdown of all aspects of the payments so that individuals can check they are correct. Any enquiries must be raised with the ERCMTeam – ERCMTeam@royalmail.com no later than 14 days from 22nd December.

Conclusion

The vast majority of our Representatives and members who were wrongly targeted by RMG during the 2022/23 national disputes have now, as a consequence of the Collective Agreement, either been reinstated, will receive the enhanced settlement imminently and all reduced warnings have now become time expired (subject to the COT3 being signed off by Acas).

There is still much work to be done surrounding the issues of mediation instead of compulsory transfers and cases whereby Lord Falconer is yet to make a determination as to whether the case is either in or out of scope. However, as reported in this LTB, major milestones have been reached, and we would like to thank all Branches and Representatives for their assistance in ensuring the terms of the Collective Agreement have been implemented.

Further developments will be reported in due course.

Yours sincerely,

Dave Ward
General Secretary

Martin Walsh
Deputy General Secretary (Postal)

Andy Furey

National Officer

[POSTMAN]

https://www.cwu.org/ltb/ltb-011-24-lord ... ext-steps/

LTB 011/24 – Lord Falconer Independent Review – The Collective Agreement Update and Next Steps
No. 011/24

9th January 2024

Dear Colleagues,

Lord Falconer Independent Review – The Collective Agreement Update and Next Steps

Further to LTB 344/23 dated 20th December. We wish to provide an update regarding the extensive work that has taken place to deliver the terms of the ‘Collective Agreement’. We are pleased to report that in the main, most of the developments have been relatively positive and these are outlined below.

Three dismissals referred back to Lord Falconer for a decision (Paragraph 5.1 Collective Agreement)

Lord Falconer on 23rd December announced his conclusions on the three dismissals agreed to be referred back to him for a decision. In two of these cases the dismissals were overturned. The third case will be subject to further consideration by Lord Falconer following witness interviews. The two Reps who had their dismissals overturned were notified of their positive outcomes on the same day and subsequently have decided to return to work rather than take the enhanced package.

Our thanks go to Divisional Representatives Ralph Ferrett and Ian Taylor and Regional Secretary Kevin Beazer who assisted in providing detailed supporting submissions for these three cases.

Eight Cases Disputed by RMG as Being in Scope (Paragraph 5.3 iv of the Collective Agreement)

The decision on the eight cases (all dismissals) disputed by RMG as being in scope was received from Lord Falconer on 5th December 2023 and of the eight, he ruled:

One case was deemed to be in scope and therefore covered by the Collective Agreement. This person subsequently opted to take the enhanced package to leave RMG.
Three cases were upheld by Lord Falconer as being out of scope and these are now subject to a final internal appeal in line with Paragraph 5.3 (vi). PE members Luke Elgar, Steve Halliwell and Bobby Weatherall, will be representing these members.
Branches and Representatives should note that crucially the managers hearing these appeals are not the normal Appeals Managers as the Collective Agreement stipulated:-

“Exceptionally, RMG will ensure any such cases are dealt with independently of the normal managerial line and the panel of Appeals Managers”.

Of the remaining four cases (all members not Reps), Lord Falconer felt he was unable to make a determination at this stage and therefore has afforded both CWU and RMG the opportunity to make further submissions as to why the cases should be deemed to be in or out of scope. Accordingly, we have made our submissions in this regard.
Once again support was provided from Divisional Representatives Ralph Ferrett, Paul Kennedy and Ian Taylor and Regional Secretary Kevin Beazer who completed an additional critique of the cases. These were narrowed down to arguments as to why they should be in scope (meaning dispute related) and were not aimed at addressing whether dismissal was a fair penalty.

Dismissals (Paragraph 5.1 of the Collective Agreement)

We previously reported that 35 members/Reps had decided to return accepting the position of reinstatement (the actual number is now 36 and will extend to 38 with the two new cases referred to above). Beyond this, a further 82 people that were dismissed opted for the enhanced financial package to leave RMG employment.

All back pay was received by 22nd December 2023 with a payslip provided to both leavers and returners. This included the enhanced settlement payment for those who have decided to leave RMG employment. The payslips provided a detailed breakdown of all payments due and this enabled individuals to check for accuracy. Since then we have been working through a number of payroll enquiries with RMG relating to the arrears and, where appropriate, discrepancies are being rectified.

COT3 Settlement Forms

Following many detailed exchanges of correspondence and various meetings between our respective legal representatives with the involvement and input of ACAS, collective COT3 settlement forms were agreed in the first instance for those who opted for reinstatement and those leaving the business with the enhanced settlement. Further work took place to agree the terms of the COT3 for those who received a penalty of less than dismissal and this was finalised on Friday 22nd December.

Refresher Session (Paragraph 8 of the Collective Agreement)

Following dialogue with RMG, we agreed there was no need for the joint session/broadcast, to “refresh the understanding of what is expected on the Royal Mail Conduct Code and Business Standards”. As an alternative, it was agreed to have a low-key reintegration back into the workplace via an informal welcome back meeting conducted by the local manager and Rep.

ACAS Session (Paragraph 8 of the Collective Agreement)

Negotiations continue regarding the ACAS session to assist in identifying and discussing the lessons learned from the Independent Review and the dispute. Now we have made significant progress in most other areas of the Lord Falconer Independent Review and the Collective Agreement, this particular component of the Agreement will be a primary focus.

Conclusion

An immense amount of work has been undertaken to ensure the terms of the Collective Agreement were jointly implemented. The vast majority of our Reps and members who were wrongly targeted by RMG during the 2022/23 national disputes have now been reinstated or received the enhanced settlement. Additionally, all warnings for those who received penalties less than dismissal have now become time expired.

Whilst there is still work to be completed, some major milestones have been reached. We will obviously continue to provide support and representation to those who have cases still to reach a conclusion.

Lastly, we would like to thank everyone who has contributed to the success of the Independent Review and the delivery of the Collective Agreement. Our unified efforts have undoubtedly ensured justice has been delivered for those who RMG wrongly targeted through their aggressive use of an unagreed conduct procedure during the national disputes of 2022/23.

Further developments will be reported.

Yours sincerely

Dave Ward

General Secretary

Martin Walsh

Deputy General Secretary (Postal)

Andy Furey

Assistant Secretary