If Royal Mail try and sack us for Breach of Contract?

[stevejm]

Thompson would have to prove that he has done EVERYTHING to settle this dispute, and in my opinion, he can't do that; not turning up to negotiations, issuing ultimatums, refusing to talk anymore if we don't give in, spending more on agency, etc, when it would have cost him less initially to settle, lying about VESA and reducing the USO to a 5 day week ... I could go on!

the biggest reason why he hasn't done everything to settle the dispute - he tore up all previous agreements - if that isn't an incendiary strategy not sure what is

[guardianangel]

Don't forget the 1999 industrial relations act,he has to prove in front of a judge he's tried to negotiate honestly and fairly through ACAS,this has not been done by Royal Mail,for one you can not stop overtime and use agency staff to cover overtime which he has broken that's why there is numerous tribunals going ahead because of this and he has also broken other acas rules,Simon Thompson is not as clever as he thinks he is he's got a big gob and ego which will be his downfall.The only way a judge will rule with him on this matter would have to be brought in from Russia.

[themaze]

The 12 weeks start from the date of the first strike on each of the ballots. Therefore on the change ballot which is the next set of action this does not kick in till 19th December.

There is other issues which make this an unlikely course for Royal Mail.

Is it not the week after ?

Wasn't the 1st change strike date 7th or 8th of dec which got cancelled then cancelled later due to the queens death ?

[goneaway]

What would there be to stop them just dismissing a proportion of the workforce who walked out on strike after 12 weeks of striking? Say 10,000 of us, the amount they have publicly stated they want to make redundant? Or would this immediately give grounds to bring a tribunal case of discrimination, as anyone who were to be dismissed on this basis was treated differently to those who had been kept on but still went on strike after 12 weeks.

[goneaway]

Don't forget the 1999 industrial relations act,he has to prove in front of a judge he's tried to negotiate honestly and fairly through ACAS,this has not been done by Royal Mail,for one you can not stop overtime and use agency staff to cover overtime which he has broken that's why there is numerous tribunals going ahead because of this and he has also broken other acas rules,Simon Thompson is not as clever as he thinks he is he's got a big gob and ego which will be his downfall.The only way a judge will rule with him on this matter would have to be brought in from Russia.

Don't you think that Simon Thompson would just dismiss people anyway to get them out of the business and then worry about any tribunal cases later and take a gamble? Surely he is already taking a gamble with consistently and deliberately under-staffing the operation so that it fails to meet the USO service standards, which could result in massive fines from OFCOM eventually. I think he is reckless enough to do this.

[redlen]

If the CWU does not reballot within 12 weeks you are in breach of your contract of employment as no legal protections are in place.

Now ACAS are involved dismissing an empoyee for breach of contract will be no problem at all without that second ballot.

The CWU has to do another ballot, like yesterday considering the time lines of serving notice on an employer, running the ballot, then serving notice on a strike date to make everyting legal has now past.

You will not get that done now by the 19th December so any action after that date will be unlawful and breach of your employment contract. So any dismissal will be fair

[SpacePhoenix]

If the CWU does not reballot within 12 weeks you are in breach of your contract of employment as no legal protections are in place.

Now ACAS are involved dismissing an empoyee for breach of contract will be no problem at all without that second ballot.

The CWU has to do another ballot, like yesterday considering the time lines of serving notice on an employer, running the ballot, then serving notice on a strike date to make everyting legal has now past.

You will not get that done now by the 19th December so any action after that date will be unlawful and breach of your employment contract. So any dismissal will be fair

Is the 19th Dec when the second ballot expires?

[redlen]

Believe so, yes

[2chorizon]

Yeah and then fire 115,000 people on the 20th dec? leaving the UK without a postal service? (critical infrastructure)

really??

Wise up, that would never be allowed by any courts or the government.

[datasaint]

Why does anybody need to be sacked.

If Kretinsky makes a takeover bid, then you can expect new contracts and if you don't sign them you make yourself redundant anyway.

[derricksmyth]

Not a manager, postman of 25 years, not crossed a picket line ever, asking a simple question, no need for name calling.

Just asking a question , I didn't call any names !

[guardianangel]

Don't forget the 1999 industrial relations act,he has to prove in front of a judge he's tried to negotiate honestly and fairly through ACAS,this has not been done by Royal Mail,for one you can not stop overtime and use agency staff to cover overtime which he has broken that's why there is numerous tribunals going ahead because of this and he has also broken other acas rules,Simon Thompson is not as clever as he thinks he is he's got a big gob and ego which will be his downfall.The only way a judge will rule with him on this matter would have to be brought in from Russia.

Don't you think that Simon Thompson would just dismiss people anyway to get them out of the business and then worry about any tribunal cases later and take a gamble? Surely he is already taking a gamble with consistently and deliberately under-staffing the operation so that it fails to meet the USO service standards, which could result in massive fines from OFCOM eventually. I think he is reckless enough to do this.

To be fair Ofcom and the government are probably in on this too and i bet the judge from Russia is already here and paid off.

[Mick100]

The 12 weeks start from the date of the first strike on each of the ballots. Therefore on the change ballot which is the next set of action this does not kick in till 19th December.

There is other issues which make this an unlikely course for Royal Mail.

Wasn't the first strike date around the end of august

[themaze]

The 12 weeks start from the date of the first strike on each of the ballots. Therefore on the change ballot which is the next set of action this does not kick in till 19th December.

There is other issues which make this an unlikely course for Royal Mail.

Wasn't the first strike date around the end of august

remember they split strike action into either pay or terms & conditions .

think the 1st terms was sept possibly the one cancelled by the queens death.

[ReturnToSenderrr]

What I'd like to know and nobody seems to know the answer. Does it have to be 12 continuous weeks without gaps or is it just 12 weeks from the 1st strike date regardless of whether it was continuous?