Sacked posties face two-month wait on tribunal verdict

[TrueBlueTerrier]

Sacked postal workers face two-month wait on tribunal verdict

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FOUR sacked postal workers trying to win their jobs back will hear the result of their legal battle in September.

The Burslem delivery office workers suspended in 2007 and later sacked over allegations of bullying and harassment have spent the last three weeks putting their case to an employment tribunal.

The panel of employment judges will now consider their verdict. They could take up to six weeks to come to a decision about whether the four were unfairly dismissed.

Part of the so-called Burslem 12, Paul Malyon, Dave Scaratt, Dave Evans and Mick Gardner were accused by a part time colleague, Anne Worthington, of a campaign of bullying. This ultimately resulted in their dismissal and their dispute sparked a series of strikes at the Scotia Road depot.


Summing up their case, Nina Unthank, representing the union, said: "The procedure that lead to the dismissals was unfair in so many ways.

"Royal Mail has a duty to investigate the complaints, but it has to be done fairly and that was not the case.

"There's no evidence that informal resolution was ever discussed, when it's very likely that would have worked.

"Anne Worthington said herself she did not expect all those people to be suspended and lose their jobs, all she wanted was to be left alone.

"The way they were treated showed a complete lack of regard for their dignity, they were escorted like a chain gang from the premises. Then there was a fishing expedition to pick up evidence to back the allegations.

"Anne Worthington's evidence was accepted without testing and she was not questioned about the inconsistencies.

"It's perfectly understandable for the claimants to question her credibility. She was motivated by money, she said 'I'm a part timer with a full timer's spending habits.'"

Each of the men had clean disciplinary records before their dismissals and had worked for Royal Mail for many years. In the case of a fifth suspended employee, Jason Cornwall, not one independent witnesses named him as having blanked Mrs Worthington or having made derogatory comments to her.

The tribunal heard his suspension described as a case of guilt by association, because he was a Communication Workers' Union health and safety rep.

Miss Unthank added: "The management saw the union as a thorn in their side, they seized on this complaint from Anne Worthington and used it to dismiss the activists."

The Birmingham tribunal heard Mrs Worthington wanted overtime hours, despite many union members refusing to do overtime because of ongoing disputes with managers.

Steve Peacock, representing Royal Mail, said: "This starts with a complaint from Anne Worthington following a campaign of appalling treatment over a period of time.

"It was an organised campaign of bullying and harassment by the inner circle, and any reasonable employer faced with this complaint would have done exactly what Royal Mail did.

"Comments were said with malice and hatred to her, she was extremely frightened about making a complaint.

"She said she walked past people with her head down because she knew they didn't like her doing overtime.

"This tribunal has to look at the reasons for dismissal, it's not an examination of the investigation. Even if there were flaws it cannot possibly mean there should have been no disciplinary sanction.

"The complainants say it was trade union victimisation, but that would involve a complex conspiracy involving Anne Worthington, the local management, the area management, the independent harassment investigators and the National Appeals Panel. It's not credible at all."

[norbert]

Comments (1)
"The complainants say it was trade union victimisation, but that would involve a complex conspiracy involving Anne Worthington, the local management, the area management, the independent harassment investigators and the National Appeals Panel. It's not credible at all."

Yes it is. The investigators are anything but independent, they're still managers within the business, and the national appeals panel will do anything possible to make sure the original decision stands.
Postal Worker, Newcastle

[fishtank]

Comments (1)
"The complainants say it was trade union victimisation, but that would involve a complex conspiracy involving Anne Worthington, the local management, the area management, the independent harassment investigators and the National Appeals Panel. It's not credible at all."

Yes it is. The investigators are anything but independent, they're still managers within the business, and the national appeals panel will do anything possible to make sure the original decision stands.
Postal Worker, Newcastle

Exactly Norbert it only needs a far from complex conspiracy involving Anne Worthington and the local management.
The rest just followed the usual pattern of managers backing up managers and "independent harassment investigators" being so terrified by the word "harassment" that the only safe route was to back the managers up.
I'm afraid i don't hold out much hope for these boys but i do hope i'm wrong.

[norbert]

the plot thickens - more comments

Comments (3)
anon, Tunstall, who's uniform should she wearing? Someone else's? You mean she isn't made to wear RM issue uniform like other OPGs? Sorry, couldn't resist. LOL.
This'll probably turn out to be yet another tribunal that RM could have avoided had the managers involved dealt with the issues solely on the merits of the case. I've dealt with RM myself in ETs where the claimant was dismissed for alleged bullying. In every case, the supposedly independent investigating manager somehow managed not to interview witnesses x,y,z, who had been named by other witnesses. In several, allegations that would have undermined or even destroyed the validity of their case against the person dismissed were not pursued. The whole procedure is carried out with the alleged bully being kept in the dark, not being given any opportunity to redress the claims against them until it gets to the disciplinary stage. Even then, there's no guarantee that the person facing conduct action (if this is recommended) will get access to all the evidence against them (even though they should by law). Royal Mail are costing themselves an absolute fortune with all these wholly avoidable employee legal cases, avoidable if managers exercised a little more common sense and stopped seeing dismissal as being "hard".
anon, hanley
Report abuse
commented on 10-Jul-2010 21:49
Anne Worthington is the problem here. One woman's lies get 12 people suspended. One minute a part time employee, the next a full time employee (taking the job of one of the suspended 12) and one minute driving a banger, the next driving around in a new motor. Paid off by management, simple as. She doesn't care what she does so long as she comes out better off. She even gets away with wearing her own uniform!!!
anon, Tunstall



81 CATEGORY C: Composite Motion This Conference instructs the incoming Postal Executive that this conference recognises the continued struggle of CWU Reps and Activists in Burslem in their bid to gain justice following the sackings of members for trade union activities in the workplace.

Conference further agrees that the Burslem cases will continue to get the highest level of support from the Union at all levels as we seek to ensure no other CWU activist can be systematically removed from workplaces when promoting the policies of the Union.

In light of that Conference also notes little progress on changes required to the Bullying and Harassment procedure which is being abused by Royal Mail to manipulate the procedure to attack CWU activists in the workplace. The PEC is instructed to pursue the policy set out in Motion 51 at the 2008 Postal Conference which was unanimously carried.

Midland No.7

Birmingham District Amal

NOTE BY SOC

Comp Motion 51 (2008)

This conference condemns the misapplication of the bullying and harassment procedure and the

corrupt investigations in a number of cases manufactured against the CWU in the workplace,

most noticeably in Burslem. These actions are nothing more than union busting tactics being

deployed by Royal Mail to target areas of poor industrial relations.

This conference is committed to protecting each workplace from bullying and harassment and

agrees the following:



1 . That a review be conducted at a national level, independently chaired, into the attacks against

the CWU in the workplace by Royal Mail carried out under the guise of bullying and

harassment.



2 . That a fundamental review of the bullying and harassment procedure be conducted to achieve:

a role for the CWU at the earliest point and a role throughout and not just at the conclusion of a Royal Mail investigation. contact made at Divisional Level immediately when a complaint is made against a CWU Representative or when consideration is being given to a formal investigation against a

Representative.

3 . An end to the corrupt sham of so called 'independent' harassment investigators, who are

nothing other than Royal Mail managers from a different location, and a return to bullying and

harassment issues being dealt with in the workplace by the appropriate manager and CWU

Representative.

4 . Launch a bullying and harassment awareness campaign amongst the membership

highlighting Royal Mail's union busting tactics.

The Postal Executive is instructed accordingly.

[La Poste]

Has anyone ever heard of or has anyone any evidence of a bullying and harassment complaint against a manager?
What would be the outcome if one was put in?
Does this independant body examine the complaints against managers as much as complaints against postmen?
Thanks.

[POSTMAN]

Has anyone ever heard of or has anyone any evidence of a bullying and harassment complaint against a manager?

I am aware of a manager who has a rap sheet as long as your arm,racist and sexist complaints against him amongst the usual.
I also know 100% that the scum bag tried to get a lino to stitch up a rep with D2Ds so he could sack him but the lino refused.

His punishment,and again i know this 100%...............

Moved to a MC on a cushy Mon-Fri job...............
And had the area general manager play (who is in a band) at his wedding AFTER it all!!

No s**t!

[La Poste]

Has anyone ever heard of or has anyone any evidence of a bullying and harassment complaint against a manager?

I am aware of a manager who has a rap sheet as long as your arm,racist and sexist complaints against him amongst the usual.
I also know 100% that the scum bag tried to get a lino to stitch up a rep with D2Ds so he could sack him but the lino refused.

His punishment,and again i know this 100%...............

Moved to a MC on a cushy Mon-Fri job...............
And had the area general manager play (who is in a band) at his wedding AFTER it all!!

No s**t!

Compare this answer to the answers in my bullying and harassment thread and you can see why I am confused.
http://www.royalmailchat.co.uk/communit ... =1&t=28438

[norbert]

"I am aware of a manager who has a rap sheet as long as your arm,racist and sexist complaints against him amongst the usual." you wouldn't expect anything less with RM ? , they've places that thrive on their own corruption . Too much command & ignore / control ? .

One former bingo calling manager got away with murder , you can add false imprisonment to the rap sheet ; as he was the CMA rep .

RM were recently in the papers for having a ex manager called " BNP Pete " - you're always going to get low levels of corruption , wherever you go ; but not to the literal extremes that RM go to ? .

I have seen something similar happen , firstly , I'm sad to say ( please don't take this all wrong ! ) , if it's a female casual that isn't that deformed or repulsive that nobody would look at twice outside , there'll be very instuitionalized managers that'll be all over her & some staff that ought to get out more to be fair ( You'd think they'd been in prison or a monastery ? ) , she'll " suddenly " be made up to Part - Time AG , then " coincidentally " she'll be made up to full time whilst there's been good AG's waiting to go full time for years and will probably never ever get it as RM likes to treat 'em mean and keep 'em keen with PT pensions , holiday and sick leave .

What'll happen there will be staff that RM's Junior management and lower middle management want rid of , might be childish & spiteful sour grapes with a good rep , might be someone whose been long term sick , might be someone is strongminded and stood up to them and they've not liked it ....on the otherhand might be a bully , loudmouth or troublemaker that they've failed to deal with properly out of incompetence ....they've botched and / or fudged it .

They'll target a casual to do their dirty work , they'll know that they don't know the RM culture well ....naive , green and wet behind the ears , as they know only too well any uniformed member of staff would tell them to foxtrot oscar as they'd see through their underhandedness & you don't undermine the CWU as it's the lesser of the two evils. " Them and us " works both ways

The cassie is just a patsy ??? , the casual would have eventually " woken up " to that she's undermined the CWU and is none too popular ? . RM have two choices , either they throw the cassie to the wolves or they have to protect the ex cassie ? as they're terrified she'll spill the beans outside the PO .

What'll happen is that RM will try and make a mountain out of a molehill with " something & nowt " ? ....it's all this " Emperor's New Clothes " BS to impress a more senior manager ; to perpetrate the myth that RM will arrive on a white charger to protect people , also it impresses gullible and naive , white middle class people outside RM that previously threatened to have RM investigated as bullying is instuitionalized , brownie points all round ? .

The problem with all this petty politics is that there will be glaring holes , contradictions and more questions than answers in RM's case ? , more senior managers need all these rogue managers to " protect " them .

Sorry about the length of this but this is how it is on " Planet RM " .