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

[sledger]

we wont fire and rehire,straight from the horses mouth,in writing from the top man,oh hang on is this a firm promise or another broken agreement

[Martin Walsh]

All, there have been lots of questions in relation to the below clause which has been shared numerous times regarding being dismissed for industrial action.

To be crystal clear, the first strike on the CHANGE ballot took place on 30th September 2022, meaning that 12 weeks from that date is 23rd December 2022. However it is not as straightforward as just a 12 week period as this is also dependent upon discussions/talks and attempts to resolve the dispute during this period taking place.

As such all action up and until the date of 23rd December is against the change ballot meaning nobody can be dismissed and legal advice will be sought to clarify the status of any action after 23rd December with more communications being issued.

[redlen]

So to confirm, the statutory legal 12 week protections expire on the 23 December?

When does the CWU plan to reballot its members so that 12 weeks can continue after the 23 December?

Talking about giving notice to ballot, the ballot process and calling strike dates time lines.

7 days' notice of strike action to an employer stating that it intends to hold a ballot. Then you have the ballot papers that need to be returned process and a further 14 days notice before announcing a strike date .

My reckoning the CWU has run out of time to extend the dispute after 23 December and continue those statutory protections.

[HTPostman]

Made the job that hard now no one wants to do it now half the people who started to break the strike in june have left in our office an they do nothing!

We didn’t strike in June.

they employed them June in our office.

I’m confused. You said ‘the people who started to break the strike in June’.......we never striked in June. First strike day was late August.

[thedonkey]

So to confirm, the statutory legal 12 week protections expire on the 23 December?

When does the CWU plan to reballot its members so that 12 weeks can continue after the 23 December?

Talking about giving notice to ballot, the ballot process and calling strike dates time lines.

7 days' notice of strike action to an employer stating that it intends to hold a ballot. Then you have the ballot papers that need to be returned process and a further 14 days notice before announcing a strike date .

My reckoning the CWU has run out of time to extend the dispute after 23 December and continue those statutory protections.

It looks that way to me also. Total mismanagement of the whole affair. Even if talks had been going well notice to ballot in order to extend the dispute should have been done. The union could have released statements saying this was a necessary last resort to protect its members and that they had every confidence that an agreement can be made. The thread would still have been hanging over ST. It wasn't. It has enabled him to play hardball.

Basic forward planning none existent and a rookie mistake of assuming RM would easily have caved in before now.

[redlen]

Make no mistake, if no legal protections are in place after 23 December, which is an impossibility now, Royal Mail can terminate your contract of employment if you continue industrial action now ACAS have been involved.

[Caesar]

[quote="Martin Walsh" post_id=1012783 time=1669121279 user_id=2975

To be crystal clear, the first strike on the CHANGE ballot took place on 30th September 2022, meaning that 12 weeks from that date is 23rd December 2022. However it is not as straightforward as just a 12 week period as this is also dependent upon discussions/talks and attempts to resolve the dispute during this period taking place.


[/quote]

With RM refusing to negotiate the pay and change ballots separately, could this be argued to be a single dispute? Are the legalities clear on this.

[cobrakai]

All, there have been lots of questions in relation to the below clause which has been shared numerous times regarding being dismissed for industrial action.

To be crystal clear, the first strike on the CHANGE ballot took place on 30th September 2022, meaning that 12 weeks from that date is 23rd December 2022. However it is not as straightforward as just a 12 week period as this is also dependent upon discussions/talks and attempts to resolve the dispute during this period taking place.

As such all action up and until the date of 23rd December is against the change ballot meaning nobody can be dismissed and legal advice will be sought to clarify the status of any action after 23rd December with more communications being issued.

You planned a strike for the 24th!!!

[banner18]

There is one move that RM could make here. They could notify all employees that if they strike on such a day, which is outside the 12 week period, RM will end all contracts of current employees and new contracts will be available to sign on return to work. It’s high risk strategy but our only choices would then be all out or sign them. The problem is 50% would probably buckle and sign them whilst RM could limp on starving more ppl back and recruiting continuously.

[Eduardo]

This is the most worrying thread I've read so far.
What about December 24th?
Has it been planned correctly?

[guardianangel]

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?

Industrial relations act 1999 read it ,royal mail are in breach on so many levels,what you say is true but very unlikely ,no need to re ballot for 6 months .