I agree with all of that.eggraidonmojo wrote: ↑23 Nov 2022, 17:18There's obviously some fine legal minds on Royal Mail Chat, but I'm not sure that it is as clear cut as 12 weeks and then the dismissals start.
From what I understand, employees could claim for unfair dismissal if the employer had sacked some but not all of those taking part in industrial action after the 12 week 'protected' period.
So, they couldn't just sack a few of us to make an example, they'd have to do the whole lot of us.
Further to that, there's the question of 'has the employer taken reasonable steps to resolve the dispute?'
Some people would argue they have, but others might say that reheating what is substantially the same offer from when industrial action began, is not a serious attempt to resolve the dispute.
I don't think Royal Mail would go down this route because it could get expensive and messy for them. Tens of thousands of employment tribunals etc.
If they threatened it though, we should all be out on the picket lines and see if they're really going to sack the lot of us (and if there wouldn't be some government intervention before then).
More importantly though, the trade union movement has never made its gains in the court room. Sure, eventually some of them were enshrined in law, but workers' rights were always won on the streets, on picket lines etc. And that's where we need to be until this dispute is resolved.
References etc:
https://www.gov.uk/industrial-action-st ... ial-action
https://assets.publishing.service.gov.u ... -guide.pdf
https://www.legislation.gov.uk/ukpga/19 ... -c14521481
BUT. If the CWU receive legal advice that RM could, technically, dismiss strikers, I don't think they'd risk strikes. Sadly.