LTB 479/22 - Executive Action: Royal Mail - Suspension of Face to Face Appeals

[POSTMAN]

https://www.cwu.org/ltb/ltb-479-22-exec ... e-appeals/

LTB 479/22 - Executive Action: Royal Mail – Suspension of Face to Face Appeals
No. 479/2022

1st December 2022



TO: ALL BRANCHES WITH POSTAL MEMBERS

Dear Colleagues,

EXECUTIVE ACTION: ROYAL MAIL – SUSPENSION OF FACE TO FACE APPEALS

We have received an email from Royal Mail informing us of executive action being taken in relation to all appeals now being heard virtually.

Branches, Representatives and Members will be aware of the very lengthy battle we had in reinstating the ability to have a face to face appeal following the lockdown rules during the pandemic.

We have attached for your reference and information the correspondence received from Royal Mail along with our formal response.

You will note the reason given for the suspension of face to face appeals by Royal Mail is the continued period of industrial action being taken by the CWU and its members. Independent case managers are now apparently too busy delivering or driving vans in order to hear appeals in person. We do not believe this is their role.

Branches will note from our response, we believe virtual appeals to be discriminatory and detrimental to at least some of our members, especially those living with disabilities including poor mental health and/or who are covered by the Equality Act.

There is nothing in the email from Royal Mail which makes us think any circumstances have changed since we reached agreement on the joint statement on the 12th of August to reinstate face to face appeals and therefore believe they should continue.

The other purpose of publishing our response is to assist any member who feels they are suffering a detriment as a result of a virtual appeal and who will be making an application for an employment tribunal via the early conciliation process and ACAS, may wish to use the letter as part of the process to show virtual appeals have not been agreed

Our advice to members and representatives is to continue making requests for face to face appeals in line with the joint statement of August the 12th and should any member feel they have suffered a detriment to enter the early conciliation process.

The joint statement is attached for ease of reference. (use the link )

Any enquiries to this LTB please contact: The PTCS Department reference 420, email address: snicholas@cwu.org

Yours sincerely,

Carl Maden
Assistant Secretary

[redlen]

This is surprising considering the majority of criminal and civil court cases are virtual now. So the Ministry of Justice considers such procedure to be non discriminaory as you are still facing your accuser. Not to mention a trade union representative can still personally represent with the employee on the day of the virtual meeting.

Personally do not agree with this policy from Royal Mail but no discrimination or detriment involved

[Binsey]

Another day another attack.

[POSTPERSON50]

Virtual appeals heavily favour the employer. I have experience of this.

An appeal is supposed to be 'a complete rehearing of the case'. However, appeals managers are not investigating all avenues of a dismissal case due to this.
Appeals managers once over would visit units, conduct multiple interviews, look at the mitigating evidence in the physical form.

If you have a disability a virtual hearing is not acceptable.
As an example, partially sighted, hard of hearing, or employees with a history of mental health issues are legally entitled to receive a reasonable adjustment from an employer when covered by the Equality Act 2010. This would most certainly involve having an appeal heard face to face.

Royal Mail have an obligation to provide this as an option within the invitation to an Appeal hearing. They will argue that you should have asked for a face to face interview, but you didn't.

If your appeal invitation does not give you the option of a face to face hearing it should have clearly explained the reasons why your employer believes that this is acceptable.

[redlen]

That would normaly be so with an employee in lone attendance but?

The majority of appeals have a trade union representative or approved companion specifically trained in looking after the employees welfare.

The only issue I can see if it is just a normal work colleague in attendance with a person and an issue of protected characteristics not familiar with the Equality Act. Then reasonable and proportionate adjustments from the employer will be necessary.