LTB 083/23 - ROYAL MAIL DISPUTE - CLAIMS RELATED TO INDUSTRIAL ACTION - EMPLOYMENT TRIBUNAL CASE MANAGEMENT ORDER - ENGLAND & WALES

[POSTMAN]

LTB 083/23 - ROYAL MAIL DISPUTE - CLAIMS RELATED TO INDUSTRIAL ACTION – EMPLOYMENT TRIBUNAL CASE MANAGEMENT ORDER - ENGLAND & WALES
No. 083/23

29th March 2023

Dear Colleagues,

ROYAL MAIL DISPUTE – CLAIMS RELATED TO INDUSTRIAL ACTION – EMPLOYMENT TRIBUNAL CASE MANAGEMENT ORDER – ENGLAND & WALES

Further to LTB 038/23, relating to the various claims for Trade Union detriment and sick pay deductions. A Case Management Hearing with the Regional Judge of the Bristol Employment Tribunal was held on Friday 10th March 2023, with Tony Rupa, Assistant Secretary, Legal Services in attendance for the CWU and John Gregson for Weightmans,

Solicitors on behalf of Royal Mail Group.

As previously reported, the claims for Trade Union detriment are awaiting a decision of the Supreme Court in Mercer -v- Alternative Future Group Ltd. This is due to be heard on 12th and 13th December 2023. As a result, the union argued that claims of unlawful deductions of wages relating to the stoppage of sick pay should proceed, whilst those relating to Trade Union detriment should be stayed pending the appeal in Mercer. Royal Mail opposed the splitting of the claims. The Judge decided that all claims should be transferred to the Bristol Tribunal and that both parties now have to use the time prior to the Mercer hearing at the Supreme Court, to gather further information about the claims (as listed in the attached Case Management Order) and place them into various categories. The aim is then to identify a maximum of ten lead claims from each classification to put forward to the Employment Tribunal.

Branches will note the following timetable for information only: The date of 30th June 2023 is the deadline for the additional information to be gathered for the Respondent and the date for responses to the claims has been extended to 17th November 2023. The test cases in each category need to be identified by no later than 11th September 2023, with further information submitted no later than 8th December 2023. Responses to any questions should be tabled by 24th January 2024, with the next Case Management Preliminary Hearing listed by phone on 23rd February 2024. Branches may be disappointed at the extended timescales involved but there is nothing that can be done to shorten these. There are currently circa 50,000 overall cases backlogged in the Employment Tribunal system so the decision is not surprising.

This means that Branches will now not need to hold preliminary hearings for any of their cases related to the matters above. The process of transferring all such claims to the Bristol Tribunal should now happen automatically in line with the Case Management Order. We are in the process of making similar requests for the claims in Scotland and Northern Ireland to be dealt with in the same way as the claims in England and Wales, but we are awaiting further instructions from the respective Tribunal Jurisdictions.

It remains important that all Branches continue to report any scheduled pre hearings or other Case Management orders from Tribunals to Legal Services employmentlaw@cwu.org and the relevant PE member for their division.

North West/North Wales, Scotland, Northern Ireland, North East: Saf Khan Skhan@cwu.org;
Midlands, South Central, Anglia: Luke Elgar lelgar@cwu.org;
South West/South Wales, Midlands, London: Rob Wotherspoon Rwotherspoon@cwu.org;
For clarity, the following categories of cases are covered by the Case Management Order:

Unlawful deductions of wages relating to the stoppage of sick pay, (further discussions are taking place on how stoppages of sick pay NOT related to Industrial Action will be handled);

Unlawful deductions of wages relating to the non-payment of overtime;
Trade Union detriment in relation to the stoppage of sick pay;
Trade Union detriment in relation to the non-payment of overtime; and
Other pay/detriment related claims arising out of the said dispute.
The following categories of cases are NOT covered by the Case Management Order:

Unfair dismissal;
Any other cases not listed above.
Other claims, including Unfair Dismissal, that are not included in the Case Management Order attached will be heard at the Tribunal office they are registered at. Branches will therefore need to ensure that all orders from Tribunals are complied with and representation is sought from HQ in the normal way.

Any further questions regarding the content of this LTB should be directed to the DGSP department fkelk@cwu.org

Yours sincerely,

Andy Furey

Acting Deputy General Secretary

Att: LTB 083/23- Case Management Order

[heraldmoth]

Is this all related to just reps having wages deducted?

[P13]

Is this all related to just reps having wages deducted?

No, a lot of your colleagues weren't paid when they were off sick .

[FilthyBloke]

Is this all related to just reps having wages deducted?

No, a lot of your colleagues weren't paid when they were off sick .

I wonder if there’s some loop hole that RM are aware of that states they only have to pay statutory sick if finances don’t allow full pay.

[bowie]

I was off sick,when I spoke to my manager he said I’m just doing what I’m told

[daveyeff]

Ss officers said the same thing in the 1940s

[needadvice]

Seems like more of a curve ball to delay talks

[enskied]

Seems like more of a curve ball to delay talks

I don't think it does. RM were insisting that all these claims were dropped as part of their negotiation.

[redlen]

Royal Mail has used Mercer -v- Alternative Future Group Ltd (EAT) decision to discipline staff and reps during strike action and that detriment to trade union activities during a strike does not apply short of dismissal.

So as an example any employee including reps talk to the media without authorisation can be disciplined, or aggressive language directed towards another employee for taking part/not taking part in a trade dispute.

So even if the Supreme Court overturns Mercer, it will not help those disciplined today as that will apply the law retrospectively.

This is why the CWU have now brought the suspension of employees into the dispute negotiations and why claims for detriment have been stayed pending the outcome in Mercer.

But that does not help those already suspended or dismissed

[enskied]

Royal Mail has used Mercer -v- Alternative Future Group Ltd (EAT) decision to discipline staff and reps during strike action and that detriment to trade union activities during a strike does not apply short of dismissal.

So as an example any employee including reps talk to the media without authorisation can be disciplined, or aggressive language directed towards another employee for taking part/not taking part in a trade dispute.

So even if the Supreme Court overturns Mercer, it will not help those disciplined today as that will apply the law retrospectively.

This is why the CWU have now brought the suspension of employees into the dispute negotiations and why claims for detriment have been stayed pending the outcome in Mercer.

But that does not help those already suspended or dismissed

So wise, so well informed, and so ignored.

[DonkeyOT]

Royal Mail has used Mercer -v- Alternative Future Group Ltd (EAT) decision to discipline staff and reps during strike action and that detriment to trade union activities during a strike does not apply short of dismissal.

So as an example any employee including reps talk to the media without authorisation can be disciplined, or aggressive language directed towards another employee for taking part/not taking part in a trade dispute.

So even if the Supreme Court overturns Mercer, it will not help those disciplined today as that will apply the law retrospectively.

This is why the CWU have now brought the suspension of employees into the dispute negotiations and why claims for detriment have been stayed pending the outcome in Mercer.

But that does not help those already suspended or dismissed

So wise, so well informed, and so ignored.

[TopperGas]

Royal Mail has used Mercer -v- Alternative Future Group Ltd (EAT) decision to discipline staff and reps during strike action and that detriment to trade union activities during a strike does not apply short of dismissal.

So as an example any employee including reps talk to the media without authorisation can be disciplined, or aggressive language directed towards another employee for taking part/not taking part in a trade dispute.

So even if the Supreme Court overturns Mercer, it will not help those disciplined today as that will apply the law retrospectively.

This is why the CWU have now brought the suspension of employees into the dispute negotiations and why claims for detriment have been stayed pending the outcome in Mercer.

But that does not help those already suspended or dismissed

Not sure that's correct as if Mercer is no longer valid then RM's decision to discipline staff in relation to that case law would then be incorrect?

[redlen]

You cannot retrospect legislation

The Difficulty is these transgressions by CWU reps were committed after the EAT decision in Mercer -v- Alternative Future Group Ltd so already case law and precedent

The case of Alan Turing given a pardon is a prime example as at the time of the offence it was contrary to law, though repealed years later

Or how about you committed an act last week that was not contrary to law, but the following week contrary to a new law. You would not expect to be prosecuted

[CRIBMAD]

Royal Mail has used Mercer -v- Alternative Future Group Ltd (EAT) decision to discipline staff and reps during strike action and that detriment to trade union activities during a strike does not apply short of dismissal.

So as an example any employee including reps talk to the media without authorisation can be disciplined, or aggressive language directed towards another employee for taking part/not taking part in a trade dispute.

So even if the Supreme Court overturns Mercer, it will not help those disciplined today as that will apply the law retrospectively.

This is why the CWU have now brought the suspension of employees into the dispute negotiations and why claims for detriment have been stayed pending the outcome in Mercer.

But that does not help those already suspended or dismissed

So wise, so well informed, and so ignored.

what a bore

[redlen]

Grow up