Royal Mail entitled to use agency workers during postal stri

[Geezer]

Royal Mail entitled to use agency workers during postal strike, say legal experts


Louisa Peacock27 October 2009 15:32

http://www.personneltoday.com/articles/ ... perts.html

Firms are entitled to use workers supplied by an external agency to cover for striking employees, as long as they are employed directly by the firm and not by the agency supplying the workers, legal experts have said.

The clarification comes as the postal union CWU has repeated its threat to take Royal Mail to court over its decision to hire agency workers to help cope with recent industrial action. Last week Royal Mail announced it would hire 30,000 temporary workers to clear the backlog in post created by earlier local action.

The Communication Workers Union (CWU) is still seeking legal advice as to whether this could be in breach of the Conduct of Employment Agencies and Employment Businesses regulations, which make it illegal for temporary workers to be used to undertake the work of striking employees. A decision is expected later today.

But law firm Pinsent Masons today said it was possible for an employer to use an employment agency to supply workers to cover for striking employees, so long as the firm employed them directly.

An agency workers guide, issued today, said: "Employers can use an employment agency to supply workers and employ them directly. An employment agency can lawfully supply workers for the employer to employ directly at any time. The agency could even do the pre-recruitment screening. It follows that the employer can make use of the services of such an agency without aiding and abetting any criminal offence by the agency, since none would exist."

It added: "An employer can move existing employees from other parts of the business (or group) to cover for striking employees: this might be inflammatory but is not unlawful. These employees might be workers recruited via an employment agency but employed directly by the business, but they must not be 'agency workers'."

A CWU spokesman previously told Personnel Today: "Court action is something we are very serious about. If Royal Mail goes ahead with the hiring of the 30,000 agency workers then we will be looking at legal action."

Royal Mail insisted it was acting fully in line with employment law. The temps were being hired to clear a backlog of letters, not to do the work of the postal workers while they were on strike, it said.

Talks between Royal Mail and the CWU were also set to continue today in a last-ditch attempt to avert further strikes.

[Destroyer]

I read this at the weekend, basically what it means is that if RM employ these people directly & they are paid by RM & not the agency then it is legal - however, the agencies supplying the 30,000 'Strikebreakers' are re being paid for their services making their employment 'Illegal'.

[norbert]

I read this at the weekend, basically what it means is that if RM employ these people directly & they are paid by RM & not the agency then it is legal - however, the agencies supplying the 30,000 'Strikebreakers' are re being paid for their services making their employment 'Illegal'.

it's funny that undercover reporters have stated they've handled current live mail in transmission NOT delayed mail . RM do tend to operate at the legal limit that's before the perverse interpretations are put on matters ! . Traditionally RM have always been autocratic and regarded themselves above the law , usually hiding behind the Official Secrets Act .

[Destroyer]

You cant trust those dirty bastards, especially when you know theyve got the govt's blessing. Under the rules/laws of a legal ballot/strike you are supposed to return to work under normal working practises - now 30,000 casuals processing work is not that. & What about the agreement from the strike in 2003 that any office can handle any work at any time no matter where it comes from ?? Now in the past we would of been out is they asked us to do another offices work, yet now it seems we cant even handle our own ?? This is crazy, they cant have it both ways.

[uprising95]

You cant trust those dirty bastards,

[Post Off]

# Employers can continue to use any agency workers already supplied on a 'business as usual basis' for the original purposes for which they were engaged. They should not, however, be specifically re-allocated to the duties normally performed by colleagues taking part in industrial action.

Doesn't this (from the above quote) still mean that no agency worker, or otherwise can do the work of the striking posties? And presumably, that's why the CWU are still considering this option?

http://www.personneltoday.com/articles/ ... ition.html

[Destroyer]

I heard before that RM had their own recruitment agency setup in Bulgaria offering board & lodgings too ??? Dont know if its true, but it wouldnt surprise me from what ive seen.

[geoffum]

BULGARIA

[Destroyer]

BULGARIA

Believe me, my office was once blitzed with them, last i heard they were down at PRDC knocking their pipe out, when we had the strikes the other week a few of them were back at my office scavenging around for a bit of work.

[Thunderthighs]

ELLO, I am Borfat, und I speek wery good England.
Pleeze give me and me 12 children - all whoz namz begin wiv Z - a Royul Male yob.
Me wurk wery ard and long.
Cheery Pip to all me England frendz.
Borfat.
PS I luv Whales toooo.
Und Skottlund.

[oscarmacca]

That was awfully funny. NOT.

[mandelsons_toenail]

ELLO, I am Borfat, und I speek wery good England.
Pleeze give me and me 12 children - all whoz namz begin wiv Z - a Royul Male yob.
Me wurk wery ard and long.
Cheery Pip to all me England frendz.
Borfat.
PS I luv Whales toooo.
Und Skottlund.

[Stormproof]

Our office is near the Jobcentre, whilst on the picket line a couple of people walked past and said that the Jobcentre had offered them employment at RM for £7.91ph on nights, I guess it must be for the MC as our nights in the DO have gone.