DLA Piper: CWU legal challenge success unlikely

[Geezer]

http://www.recruiter.co.uk/dla-piper-cw ... 96.article

Wed, 4 Nov 2009

The Communication Workers Union’s legal challenge to stop the Royal Mail’s use of ‘strike breakers’ has little chance of success, according to Guy Lamb, employment partner at law firm DLA Piper.

The CWU is going to the High Court on Friday to request an injunction to stop the Royal Mail from using ‘strike breakers’.

Lamb says: “Despite the rhetoric of the CWU, Royal Mail is not directly breaking any law by bringing in temporary workers during strike action. The laws to prevent the use of temporary workers to cover striking staff actually only apply to the employment agencies who provide the workers.

“These agencies are regulated by the Department of Business giving any decision to take action against them the responsibility of Lord Mandelson, minister for business, who has already stated that he doesn’t believe any regulations have been broken.

“The CWU is currently trying to argue that Royal Mail is inducing the employment agencies to break the law by bringing in agency workers to cover the backlog of mail. Whether this argument holds water in the High Court remains to be seen and current indications suggest it is unlikely that the minister for business will want to embroil himself in this issue unless absolutely necessary, considering the impact of the strikes on the UK business community and economy.”

[pinstripe]

So, while it is illegal to hire staff to act as strike breakers it is not illegal to pay an agency to hire staff for you to act as strike breakers. Got it.
I do have a question though, is it illegal for me to hire someone to rob a bank?

[smokerjim]

So, while it is illegal to hire staff to act as strike breakers it is not illegal to pay an agency to hire staff for you to act as strike breakers. Got it.
I do have a question though, is it illegal for me to hire someone to rob a bank?

It might be considered conspiracy to commit.....unless you try telling them that you are the chairman of RM, and you have sent one of your people to withdraw your week's wages.

[Puppetmaster]

look at the profile of the QC the CWU have hired,looks like he only takes on strong cases not weak ones.
looks like the CWU hired one of the best in the Country,his hourly fees proably exceed my gross weekly wage!

[smokerjim]

look at the profile of the QC the CWU have hired,looks like he only takes on strong cases not weak ones.
looks like the CWU hired one of the best in the Country,his hourly fees proably exceed my gross weekly wage!

Cost of wages to members for 2 days of national strikes = £1000s

Cost of commisioning top QC to prepare and prosecute High Court case = £10000s

Cost of seeing RM being found guilty of hiring strike breakers = PRICELESS!!!

[simonj12]

Isn't Crozier a director at Manpower? Double trouble for him if this sticks.

[norbert]

Isn't Crozier a director at Manpower? Double trouble for him if this sticks.

:lfo 's new wife is on the board