Can you be dismissed after 12 weeks of strike action?

[makingsounds]

YES or NO?

[cornstar18]

Yes.
Will we.. maybe..
Our gamble

[Chitchat]

Can royal mail afford 110,000 employees taking them to employment tribunals? Because their final offer has clearly been made to not resolve this dispute but infact inflame the dispute further!

Plus not really a great look for a company to sack all their staff because they dared to take legal industrial action!

[TrueBlueTerrier]

YES or NO?

Yes viewtopic.php?f=87&t=107690&p=1016842&h ... d#p1016842

[sindba]

No.

If it was a possibility do you really think Thompson wouldn't be chirping about it?
Do you really think the Union would risk it?
Why do you think the RMT were out for months before re-balloting?

It's just scaremongering put about by irresponsible anti-union posters on here.

Unless we hear otherwise officially, don't worry about it.

[redlen]

This is the problem wth telling people not to worry about it.

The law states YES, you can be dismissed and that dismissal automatically fair with no legal protections in place.

Well there are a lot of worried people out there who are not prepared to play russian roulette with job security for a political ideology. After all, it is not their jobs they are gambling with. Hardly scaremongering.

Why are the CWU silent on this question from members, and why will they not give clarity to those members?

[manchesterpunk]

I’d really like Dave Ward to answer this question.

[Murdoch]

I have a feeling that the 23rd/24th strikes will be withdrawn, then a reballot in the new year.

Last the Union said, is they were seeking legal advice for those dates.

Remember how it went last time the lawyers got involved.

[pieoftheday]

Re ballot in January and February

[sindba]

This is the problem wth telling people not to worry about it.

The law states YES, you can be dismissed and that dismissal automatically fair with no legal protections in place.

Well there are a lot of worried people out there who are not prepared to play russian roulette with job security for a political ideology. After all, it is not their jobs they are gambling with. Hardly scaremongering.

Why are the CWU silent on this question from members, and why will they not give clarity to those members?

That is not what the law states.

It states that disnissal MAY be fair if and only if
a) EVERYONE taking IA is dismissed
b) the employer has made serious attempts to resolve the dispute including negotiation, arbitration, and following collectively agreed resolution processes.

They would have to sack everyone and run the very real risk of losing a tribunal case which would finish the company completely.

It simply isn't going to happen. Stop scaremongering.

[redlen]

Again you do not know that the employer has not made any serious attempts to resolve the dispute as you are not part of the ACAS negotiations.

And for the record

Nothing stopping Royal Mail from instigating the disciplinary procedure on members who take industrial action during a trade dispute without legal protections.

And I never stated the employer WILL dismiss so kindly stop putting words into my mouth

An example though is Royal Mail can dismiss every worker who has taken part in a strike without legal protections, then offer them their jobs back on a reduced contract. It takes months to follow the disciplinary procedure with fact finding and formal interview. Then the employer can make you work your three months notice, so anything up to six months. Long enough for the employer to do a recruitment drive if needed


Great way of saving on redundancy payments

Those are facts, not opinion or scaremongering


You play Russian Roulette with your own job, not encourage others

[sindba]

Again you do not know that the employer has not made any serious attempts to resolve the dispute as you are not part of the ACAS negotiations.

And for the record

Nothing stopping Royal Mail from instigating the disciplinary procedure on members who take industrial action during a trade dispute without legal protections.

And I never stated the employer WILL dismiss so kindly stop putting words into my mouth

An example though is Royal Mail can dismiss every worker who has taken part in a strike without legal protections, then offer them their jobs back on a reduced contract. It takes months to follow the disciplinary procedure with fact finding and formal interview. Then the employer can make you work your three months notice, so anything up to six months. Long enough for the employer to do a recruitment drive if needed


Great way of saving on redundancy payments

Those are facts, not opinion or scaremongering


You play Russian Roulette with your own job, not encourage others

You are proving that you haven't read the law.

They CANNOT re-employ dismissed workers within 3 months, or it is unfair dismissal.

So unless they can fill tens of thousands of vacancies in a few days, the company would collapse.

Even then, they would have to show in a tribunal that they have negiotated in good faith including but not limited to making compromise offers and following all jointly agreed resolution processes

Lose one tribunal, and they have to pay out to every sacked worker. Again, the company would collapse.

It's not "russian roullete" any more than walking into your office every day is. After all, your manager could dismiss you on a whim if they wanted.

Again, please stop scaremongering. We are all anxious enough as it is without you popping up on every thread trying to scare people back to work.

[redlen]

Who said anything about dismissing within three months and re-employ??
Please cease and desist with putting words into my mouth.

That was why I was specific with six months and notice period.

That is why stated fact finding and formal which have to be done before dismissal so dismissal will be fair, so hardly mass dismissal on a single day. So hardly thousands of vacancies in a few days,

And can assure you have very much up on the Law, Five years of study

[sindba]

5 years law study my backside.

If you had you'd know that the company CANNOT re-employ sacked workers within 3 months of dismissal for IA, or it would be unfair dismissal.

And you would know that ACAS is not, of itself, a get out of jail free card. The company has to meet strict conditions including, crucially, adhering to jointly agreed dispute resultion procedures.

In addition, if any offices were closed during any day of action, those workers would be protected for an additional 1 day for each day of closure. So many people will have stautory protection on the 24th. Good luck to RM working out who is who and getting it right. Because if they don't, it's unfair dismissal.

The bottom line is that if they sack us all, the company collapses and we all almost certainly get unfair dismissal payouts.

Again. Stop. Scaremongering.

[POSTMAN]

Why are people panicking?
Practically impossible to have a lockout or MASS sackings.