CWU : The 12 week sacking thing if on strike.

[Chitchat]

After 12 weeks, you can be dismissed if you take industrial action and your employer has tried to settle the dispute. For example, your employer may bring in advisers from Acas to help find a solution.


They have brought in Acas, but it seems they are only halfway through with those talks. The talks are going somewhere even if it is just words and Royal Mail can't be trusted until it's written into an agreement.

How could they sack people and say 'we tried to settle via Acas' when the talks are still in progress and both sides are seemingly taking steps forward.

That is the very definition of trying. If they'd reached agreement, it would be settling.

Trying and tried two different things.

[rambo1]

If I am correct and Friday 26th August was the first strike date + I have counted back correctly then that was my day off. So technically I won't have been striking for 12 weeks once the 24th comes. Anyone whose day off was today and has had the same sequence of rolling days off since then would have also had that first strike day off - as long as I have counted back correctly.

Don't believe it's you personally striking, rather the amount of time between ballot and last permissible strike day. I reserve the right to be corrected though.

[ninja22]

Sounds like it's from when the strike action began, not whether you have personally been on strike for 12 weeks. It says the change ballot was first activated on 30th september and protective period expires on 23rd december.

[timbo1234]

Yet we still wait for confirmation from the CWU that the legal protections end after the 23 December until the new Ballot is actioned and put into place on the 16 January.

This post is admitting you will be in breach of your contract of employment for striking on the 24 December.

Taking strike action on the 24 December will mean you are in breach of your contract of employment and subject to the disciplinary process.

Why is that, people are really worried about this development that has been festering now for a month with no response?

How about two year suspended dismissal as an example as an altrnative with the displinary process for breach of contract. Imagine having that hanging over your head for two years?

And people will be naive to think people are not going to be targeted over this strike action, especially reps with future erroneous conduct action for trivial transgressions.

Here you go again spouting gloom, doom and despondency. Just imagine the army sacking all soldiers just before they go war. Not realistic.

You cannot have a suspended dismissal. You can have a warning but it must follow agreed procedures. If you target individuals then that is illegal.

Barrack room lawyers.

[redlen]

https://assets.publishing.service.gov.u ... dgment.pdf

The tribunal heard Mr Duffy was handed a two-year suspended dismissal - a form of final written warning - in 2019 after he submitted fraudulent overtime claims.

This meant any future misconduct could lead to his dismissal.

Now what did i say about egg on face posting on personal opinions?

[postieblueshirt]

https://assets.publishing.service.gov.u ... dgment.pdf

The tribunal heard Mr Duffy was handed a two-year suspended dismissal - a form of final written warning - in 2019 after he submitted fraudulent overtime claims.

This meant any future misconduct could lead to his dismissal.

Now what did i say about egg on face posting on personal opinions?

vr cr sacked dismissed suspended....god its a right fun time to work for royal fail.Me personally il risk it i wont break a strike.

[TopperGas]

Yet we still wait for confirmation from the CWU that the legal protections end after the 23 December until the new Ballot is actioned and put into place on the 16 January.

This post is admitting you will be in breach of your contract of employment for striking on the 24 December.

Taking strike action on the 24 December will mean you are in breach of your contract of employment and subject to the disciplinary process.

Why is that, people are really worried about this development that has been festering now for a month with no response?

How about two year suspended dismissal as an example as an altrnative with the displinary process for breach of contract. Imagine having that hanging over your head for two years?

And people will be naive to think people are not going to be targeted over this strike action, especially reps with future erroneous conduct action for trivial transgressions.

Here you go again spouting gloom, doom and despondency. Just imagine the army sacking all soldiers just before they go war. Not realistic.

You cannot have a suspended dismissal. You can have a warning but it must follow agreed procedures. If you target individuals then that is illegal.

Barrack room lawyers.

The company don't seem to be following agreed formula when it comes to paying sick pay nor suspending union reps?

Personally I feel the CWU should be warning their members that the company could take disciplinary action if they strike on the 24th, not just pretending striking on that date is similar to the previous strike dates.

As Redlen suggests the company could issue final warnings to everybody who does strike, then a simple mistake like misdelivering a letter or leaving a parcel in an unsafe place could lead to instant dismissal and no tribunal is ever going to disagree with the decision. Perhaps it a grey area but who can really put their job on the line to test whether it is one or not?

[norris9]

Even if you broke the strike and Royal Mail sacked or hung a future dismissal over the 95%+ who didn't break the strike - you'd be the minority and your time would be up. They aren't going to keep the 5% or less staff who broke the strike on their current contracts - they'd be shafted too.

[postieblueshirt]

At the end of the day no employer can make you cross a picket line you could always claim you to scared or intimidated to cross.

[TopperGas]

Even if you broke the strike and Royal Mail sacked or hung a future dismissal over the 95%+ who didn't break the strike - you'd be the minority and your time would be up. They aren't going to keep the 5% or less staff who broke the strike on their current contracts - they'd be shafted too.

I think it's more about keeping your job rather than your existing contract.

[TopperGas]

Even if you broke the strike and Royal Mail sacked or hung a future dismissal over the 95%+ who didn't break the strike - you'd be the minority and your time would be up. They aren't going to keep the 5% or less staff who broke the strike on their current contracts - they'd be shafted too.

I think it's more about keeping your job rather than your existing contract.

[Clappedoutpostie]

As Redlen suggests the company could issue final warnings to everybody who does strike, then a simple mistake like misdelivering a letter or leaving a parcel in an unsafe place could lead to instant dismissal

Offices will be walking out everyday if they tried that.

[LaggyBand]

Can someone answer this question...

If say one week we had a single strike day and your day off was on that day, but every other strike day you were officially on strike, does that mean you have only done 11 weeks worth of striking and therefore this '12 week sacking thing' would not apply anyway?


If the above is true - then it's highly likely the vast majority of us, if not all of us have not been striking every single week of the 12 weeks!

Mate, you, and anyone else talking about “uh I’m scared, I’m going to cross” or trying to wriggle a defence out of the situation so you don’t have to cross:

Dave Ward has very clearly been advised that yes technically they could potentially use the 24th strike as grounds for dismissal but THEY WOULD HAVE TO DISMISS EVERYONE.

So either he has lied, been grossly negligent in his communication, or you crossing / constructing a weird af defence based around days off etc isn’t going to make the blindest bit of difference EXCEPT your colleagues will probably think you’re a, how you lot say on here, cnut.

[sledger]

royal mail are not going to do any of the things mentioned it would be an absolute pr disaster for them,enjoy youre xmas.

[Eduardo]

vr cr sacked dismissed suspended....god its a right fun time to work for royal fail.

It's an equal opportunities employer.
It uses all of the above opportunities equally to get rid of us.