Claims relating to Industrial Action or Executive Action in Royal Mail Group

This is a form is to submit your details if you have suffered detrimental treatment by Royal Mail or Parcelforce because of either the dispute or through Royal Mail’s Executive Action.

https://www.cwu.org/rmg-ia-claim

REPRESENTATION TO THE GOVERNMENT AND OFCOM ON THE POSTAL USO

The CWU has today sent the attached open letters to Government and Ofcom expressing our serious concerns about IDS plc’s pursuit of a reduction in the Universal Service Obligation (USO) to five day letter delivery, as announced by the company last week.

The letter to Ofcom also raises our concerns about Royal Mail’s attempt to undermine the postal universal service through under funding of USO activities and prioritising of non-USO commercial services.

This is an issue that has been covered in the press, including in a Sunday Times article on 13^th November which raises concerns about staff being told to leave letters behind and prioritise profitable parcels.  The full article is available online at the following link: https://archive.ph/WcI6Y.

The Yorkshire Evening Post and Decision Marketing have also covered the issue, highlighting concerns of Royal Mail employees and the direct mail industry about letters being delayed.  The articles can be found at the following links:

https://www.yorkshireeveningpost.co.uk/news/people/royal-mail-staff-in-leeds-disgusted-as-bags-of-important-letters-left-to-rot-3899793

https://www.decisionmarketing.co.uk/news/industry-balks-at-claims-of-royal-mail-letters-go-slow

When Royal Mail was privatised in 2013, the Government rejected concerns from CWU and other stakeholders about the future of the universal service obligation (USO) and gave assurances that privatisation would not affect postal services.

Another article in the Times (Royal Mail’s plea to end six-day deliveries rejected, The Times, 18^th November) reports that in June the government rejected a request from Royal Mail to cut its legal obligation to deliver letters to businesses and homes from six days a week to five.  However, the article also states that Royal Mail is understood to believe it is now making headway with the Business Department on this issue.

The CWU is calling on the Government to reject Royal Mail’s request and to provide urgent assurances that the six-day letter delivery service will continue to be enshrined in primary legislation. Additionally, we are also calling on the Government to support an expanded role for postal workers. This can be done by using the advantage of daily deliveries to 32 million addresses to develop new products and services that can add social and economic value to our communities and businesses, ensuring the sustainability of Royal Mail in the long-term.

We are calling on Ofcom to launch an urgent investigation into what can only be described as a deliberate attempt by Royal Mail to run down and undermine the postal USO.

Any enquiries on the above LTB should be addressed to the General Secretary’s Office at jdunn@cwu.org

Yours sincerely,

Dave Ward                                                  Andy Furey
General Secretary                                    Acting Deputy General Secretary (Postal)

22LTB472 REPRESENTATION TO THE GOVERNMENT AND OFCOM ON THE POSTAL USO

29.11.22 Kevin Hollinrake MP

29.11.22 Open Letter to Dame Melanie Dawes Ofcom CEO

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ROYAL MAIL GROUP DISPUTES: COMPULSORY REDUNDANCIES

Branches are advised RMG wrote to the union on 28^th November (Appendix 1) in respect of Compulsory Redundancies, seeking to establish an agreed selection criteria.  The Postal Executive today unanimously endorsed the attached response (Appendix 2) which makes it clear Compulsory Redundancy is utterly unacceptable to this union and our members.

RMG have indicated they plan to include Conduct and Attendance as part of the selection criteria, along with capability/skills and what they call “any other appropriate criteria”.  If RMG were to apply this approach they would be able to dismiss whoever they choose, which we cannot tolerate under any circumstances.

Compulsory Redundancy is an anathema to this union and that’s why we wrote to Zareena Brown, Chief People Officer, on 25^th October stating we “will not engage in inappropriate discussions on Compulsory Redundancies, let alone agreeing any selection criteria.”  Our objective remains to reach a proper long-term job security agreement for our members.  Accordingly, the Postal Executive is adamant there can be no Compulsory Redundancies.

In view of these disturbing developments, Branches and Reps are urged to bring this matter to the attention of our members over the coming days including when addressing picket lines.  We need to expose the despicable attitude of RMG, who evidently are preparing for Compulsory Redundancies.

Yours sincerely

Dave Ward                                            Andy Furey
General Secretary                             Acting Deputy General Secretary (Postal)   

LTB 471.22 ROYAL MAIL GROUP DISPUTES COMPULSORY REDUNDANCIES

LTB 471.22 APPENDIX 1

LTB 471.22 APPENDIX 2                   

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RMG DISPUTES – CONDUCT CASES TAKEN AGAINST CWU REPS OR MEMBERS AND INTERIM RELIEF

It is evident from the number of suspensions that have occurred in relation to the two disputes, that Royal Mail Group are taking an aggressive stance in pursuing conduct cases against CWU Representatives, picket line supervisors and striking members.

The DGS(P) Department has sought legal advice in order to ascertain what protections may be available through interim relief and unfair dismissal claims should dismissals occur and how to apply.  The following provides an illustration of how interim relief can be accessed, the strict timelines involved and how financially it may help Representatives who have been dismissed.

• Interim relief is a remedy available to employees who claim to have been dismissed for one of a number of inadmissible reasons, which includes dismissals for union membership or activities contrary to section 152 TULR(C)A (e.g. dismissals because of actual or proposed union membership, participation in union activities, or the use of union services). It is an emergency interlocutory procedure designed to ensure the preservation of the status quo pending the hearing of the unfair dismissal complaint.

The application for interim relief should be referred to on the standard ET1 online or paper-based claim form. A separate application setting out the interim relief sought should be submitted to the ET at the same time that the Form ET1 and Grounds of Complaint are lodged.

• In order to succeed with an interim relief application the employee must:

• comply with the strict mandatory application procedure under S.161 TULR(C)A (see below); and
• satisfy the tribunal at a special hearing that he or she is “likely to succeed” at the full hearing in showing that the dismissal was for a S.152 reason.

• The EAT’s comments on the “likely to succeed” threshold are that “‘likely’ does not mean simply ‘more likely than not’ but connotes a significantly higher degree of likelihood i.e. ‘something nearer to certainty than mere probability”. This is a higher hurdle than proving an unfair dismissal claim. The tribunal will assess the likelihood of success on the basis of the limited information before it: this is likely to consist of pleadings, witness statements and any documentary evidence disclosed by the date of the interim relief hearing, which should take place quickly after the lodging of the application.

• If the employee satisfies a tribunal that they are “likely to succeed” at a full hearing in showing that the dismissal was because of union membership or activity, then interim relief prevents the dismissal from taking full effect before the hearing. The tribunal may:

• Make a reinstatement or re-engagement order pending the full hearing; or

• If the employer does not agree to reinstatement or re-engagement (or the employee reasonably refuses an offer of reinstatement/reengagement), the tribunal may make a continuation of contract order, which will have the effect of keeping the employee suspended on full pay until the full tribunal hearing. Any payments made under a continuation of contract order are not recoverable by the employer in the event of the employee losing his or her unfair dismissal claim at a final hearing.

IMPORTANT – Time Limits 

Time is of the essence in these cases because the employee must present an application for interim relief, together with the claim form claiming automatic unfair dismissal, by the end of seven days immediately following the effective date of termination. Tribunals have no jurisdiction to extend this time limit for any reason. 

• Note that the employee must also produce (within the seven-day time limit) a certificate in writing from an authorised union official stating;

• that on the date of the dismissal the employee was or proposed to become a member of the union, and

• that there appear to be reasonable grounds for supposing that the reason for his dismissal (or, if more than one, the principal reason) was one alleged in the complaint [i.e. he was dismissed because of actual or proposed union membership, participation in union activities, or the use of union services].

For the purposes of this certification requirement, “an authorised union official” means an official of the union who is ‘authorised by [the union] to act for the purposes of’ section 161 TUR(C)A 1992. The Acting Deputy General Secretary(P) will provide the appropriate certificate to support any members that have a claim for interim relief. 

In terms of the involvement of Acas the usual requirement for claimants to have obtained an Acas early conciliation certificate/EC number before lodging a claim does not apply where the employee is also making an application for interim relief (Reg 3(1)(d) Employment Tribunals (Early Conciliation: Exemptions and Rules of Procedure) Regulations 2014). However, practically Acas should be started. Please also note that the Form ET1 must state/confirm that there is an exemption to the usual requirement to providing the Acas Certificate number. There is a specific box on the Form ET1 for the claimant to confirm this.

In terms of the current issues experienced by CWU Reps, interim relief could be a viable option in appropriate cases although the issues will likely revolve around the specific reason for dismissal and whether the prohibited trade union reasons for dismissal under s152 are applicable in each case:

IMPORTANT

In order to assist Branches and Representatives, please find attached a draft Grounds of Complaint (Appendix 1), Interim Relief Application (Appendix 2)and CWU certificate containing the prescribed information (Appendix 3). The CWU certificate should be forwarded electronically to hford@cwu.org for Andy Furey to sign on a case by case basis prior to the step below.

The Grounds of Complaint should be amended for each claimant as necessary and sent with the Form ET1 to the tribunal. Where possible the application for interim relief/CWU certificate should be sent at the same time, but if this is not possible it should be sent immediately after via email to the correct tribunal office together with the CWU IR certificate. It would be a good idea to attach the Form ET1 and Grounds of Complaint to that email so that the tribunal has all documents in one place.

Postal Executive member Steve Halliwell will act as the contact point for Branch enquiries on behalf of the DGS(P) Department and Branches should urgently consider the use of this process where suitable and alongside the usual ET application.

Any enquiries in relation to the content of this LTB should be addressed to the DGS(P) Department.

Yours sincerely,

Andy Furey

Acting Deputy General Secretary (Postal)     

 LTB 469.22 RMG DISPUTES – CONDUCT CASES TAKEN AGAINST CWU REPS OR MEMBERS AND INTERIM RELIEF

LTB 469.22 Appendix 1 LS DRAFT Grounds of Complaint – Unfair Dismissal & Interim Relief

LTB 469.22 Appendix 2 LS DRAFT Application for Interim Relief

LTB 469.22 Appendix 3 LS CWU Interim Relief Certificate

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An important update for CWU members in Royal Mail Group.

StandByYourPost

Core / Online Education & Training Programme 2023

The purpose of this LTB is to advise Branches that the NEC has endorsed a programme of courses for 2023.

Core Residential Programme

 Arrangements have been made for our residential training programme to be delivered at Quorn Grange Hotel, 88 Wood Lane, Quorn, LE12 8DB.

Representative’s accommodation costs on a dinner, bed and breakfast basis will be met centrally.

Branches are responsible for student travel and any other appropriate expenses.Jan 16th – 20^thOccupational Health Week 4Carried overJan 23rd – 27^thEmployment Law Week 4Carried overMar 6th – 10^thAdvanced Skills Part 123/01/2023Mar 20th – 24thEssential Skills Part 106/02/2023Apr 3rd – 5^thWomen’s Leadership20/02/2023Apr 11th -13^thPublic Speaking23/01/2023Apr 17th – 21^stPostal Agreements & Procedures06/03/2023April 23rd – 27thNo course, CWU ConferenceMay 2nd – 4^thBAME Leadership 127/02/2023May 15th – 17^thIDAHOBIT03/04/2023May 22nd – 26^thEssential Skills Part 210/04/2023May 31st – 1^stGFTU – Standing up for a better workplace17/04/2023 June 26th – 28^thBranch Secretaries15/05/2023June 26th – 30^thEssential Skills Part 115/05/2023July 3rd – 7^thAdvanced Skills Part 222/05/2023July 10 – 12^thMental Health Awareness29/05/2023July 17th – 21^stUnion Learning Reps Part 105/06/2023Aug 29th – 31^stNeurodiversity17/07/2023Sept 4th – 8^thEqual Rights Part 124/07/2023Sept 11th – 15^thIntermediate Health & Safety Part 124/07/2023Sept 18th – 22^ndEssential Skills Part 207/08/2023Sept 25th – 29^thIntroduction To Health & Safety Part 114/08/2023Oct 2nd – 6^thEssential Skills Part 121/08/2023Oct 9th – 13^thUnion Learning Reps Part 228/08/2023Oct 10th – 11^thGFTU – Standing up for a better workplace28/08/2023Oct 16th – 20^thPostal Agreements & Procedures04/09/2023Oct 23rd – 25^thBAME Leadership 218/09/2023Oct 25th – 27^thChairing Meetings18/09/2023Oct 30th – 3^rdPostal Agreements & Procedures25/09/2023Nov 6th – 10^thEqual Rights Part 202/10/2023Nov  13th – 17^thIntroduction To Health & Safety Part 209/10/2023Nov  20th – 24^thEssential Skills Part 216/10/2023Nov  27th – 1^stIntermediate Health & Safety Part 223/10/2023

Online Programme

Given that this method of delivery during the pandemic has been extremely well received, we have arranged to offer a smaller programme of online education, enabling students to access courses using this method.

Online course schedule – Provider to be advised on applicationDatesCourseCut Off dateFeb 6th – 10thIntermediate Health & Safety Part 110/01/2023Feb 13th – 17thIntroduction to Health & Safety Part 116/01/2023Feb 20th – 24thPostal Agreements & Procedures16/01/2023Feb 27th – 3rdEssential Skills Part 116/01/2023Mar 13th – 17thPostal Agreements & Procedures30/01/2023Mar 30th – 31stGrievance & Discipline (Unrecognised areas)13/02/2023Apr 17th – 21stIntermediate Health & Safety Part 206/03/2023April 23rd – 27thNo course, CWU ConferenceMay 15th – 19thIntroduction to Health & Safety Part 203/04/2023 June 5th – 9thIntroduction to Health & Safety Part 124/04/2023June 12th – 16thEssential Skills Part 201/05/2023June 19th – 23rdPostal Agreements & Procedures08/05/2023July 24th – 28thEssential Skills Part 112/06/2023Oct 9th – 13thIntroduction To Health & Safety Part 228/08/2023Oct 12th – 13thGrievance & Discipline (Unrecognised areas)28/08/2023Oct 23rd – 24thFinancial Secretaries/Treasurers11/09/2023Nov  20th – 24thEssential Skills Part 216/10/2023

Scotland Programme

The Programme in Scotland will be delivered Online by City of Glasgow College.DatesCourseCut Off dateFeb 13th – 17thIntroduction to Health & Safety Part 116/01/2023Feb 20th – 24thPostal Agreements & Procedures16/01/2023April 7thGood FridayApr 17th – 21stEssential Skills Part 206/03/2023April 23rd – 27thNo course, CWU ConferenceMay 15th – 19thIntroduction To Health & Safety Part 203/04/2023Sept 18th – 22ndIntermediate Health & Safety Part 207/08/2023Sept 25th – 29thEssential Skills Part 114/08/2023Oct 16th – 20thPostal Agreements & Procedures04/09/2023Oct 30th – 3rdIntermediate Health & Safety Part 225/09/2023Nov  13th – 17thEssential Skills Part 209/10/2023

Wales Programme

The Programme in Wales will be delivered by Adult Learning Wales at venues to be confirmed.DatesCourseCut Off dateFeb 13th – 17thIntroduction to Health & Safety Part 116/01/2023Feb 20th – 24thPostal Agreements & Procedures16/01/2023Apr 17th – 21stEssential Skills Part 106/03/2023April 23rd – 27thNo course, CWU ConferenceMay 15th – 19thIntroduction To Health & Safety Part 203/04/2023Sept 18th – 22ndIntermediate Health & Safety Part 207/08/2023Sept 25th – 29thEssential Skills Part 214/08/2023Oct 16th – 20thPostal Agreements & Procedures04/09/2023Oct 30th – 3rdIntermediate Health & Safety Part 225/09/2023Nov  13th – 17thEssential Skills Part 209/10/2023

IT, Infrastructure and Learning Differences

Having tested online delivery of samples on both accredited and unaccredited courses, it is crucial that the student is set up appropriately and in good time before the training commences.

The learner must preferably have access to a good PC or laptop. Tablets can be used but have some limitation in our experience. Attending training courses using a mobile phone will not be allowed.

There must be a stable internet connection from where the learning is taking place.

Colleges will also be in contact before the course to advise of any additional requirements.

We would appreciate Branches / ULRs assistance in ensuring any applicants are prepared in line with the above points. If any representative encounters difficulties getting set up with IT equipment in preparation for course attendance, please advise their Branch Secretary, Union Learning Rep or the Equality, Education & Development department as soon as possible.

Additionally, upon application, please ensure that we are aware in good time of any adjustments that may need to be arranged, such as issues relating to dyslexia or sight / hearing differences.

Interim Application Process

Due to unforeseen circumstances the OLS course application process is not in use at present. Branch Secretaries should email applications to courseadmin@cwu.orgcontaining the following:

 Name of Officer/Representative

 Membership number

 Email

 Name of course

 Date of course

 Home postcode

As previously, all applicants MUST be registered on the OLS as a role holder or applications will not be able to be processed.

We hope to restore the OLS application process as soon as possible and will keep Branches informed accordingly.

Release & Notice

Paid release should normally apply where the union is recognised and/or in line with any existing agreements.

Prospectus

The CWU Course Prospectus for 2023 is currently being finalised and will be issued shortly by LTB. The prospectus will assist branches and students in planning their training requirements for the coming year and gives an overview of course content.

Please forward any enquiries relating to this LTB to courseadmin@cwu.org in the first instance.

Yours sincerely,

Kate Hudson
Head of Equality, Education & Development

22LTB 470 – ET 2023 Programme

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CWU/RMG DISPUTES – MEMBERSHIP COMMUNICATION

All branches will be aware we wrote to the RMG CEO at the weekend seeking meaningful negotiations to resolve our current disputes.  The CEO has now replied and refuses to discuss anything other than the RMG so-called “best and final” offer – showing no willingness to reach an agreement – other than on his terms.

Please find attached an important communication to members that we are asking you to urgently share across all workplaces.

The union will continue to press for serious negotiations and will expose the company’s position to the media.

In the meantime, it is the job of every Representative to prepare for this week’s strike action.

Yours sincerely

Dave Ward                                                    Andy Furey
General Secretary                                      Acting Deputy General Secretary (Postal)         

22LTB468 CWU DISPUTES MEMBERSHIP COMMUNICATION

A MESSAGE TO ALL CWU MEMBERS SUPPORT THE STRIKES                                                                                                                                                                                                

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POST OFFICE: PAY DISPUTE 2021/22 & 2022/23 – NOTICE SERVED FOR STRIKE ACTION (CROWNS/ADMIN) & ACTION SHORT OF A STRIKE (SUPPLY CHAIN)

Branches are advised the Postal Executive has today authorised strike action and action short of a strike for our Post Office members.  The two-week legal notification has been served on Post Office today as follows:

Crowns & Admin – Strike Action

• 48 hours’ strike action commencing at or after 06.00 on Monday 12th December 2022 and before 20.00 on Tuesday 13th December 2022.

Supply Chain – Action Short of a Strike

• Overtime and Scheduled Attendance ban for two weeks from Midnight on Monday 12^th December until 23.59 on Saturday 24th December

The Union remains available for negotiations, either directly with Post Office or via Acas.  Hopefully Post Office will agree to meaningful negotiations, which is evidently required to resolve this dispute.

It should be noted that the action described above has been discussed with our full-time IR Reps who fully support the strategy.

Further developments will be reported.

Yours sincerely

Andy Furey
Acting Deputy General Secretary (Postal)

Attachment 1: 22LTB467 – PO – Pay Dispute 2021-22 & 2022-23 – Notice Served for Strike Action (Crowns-Admin) and (Supply Chain)

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Proportionality – 2022 Report

As part of our ongoing commitment to report annual proportionality data, the Equality, Education and Development department has produced the attached 2022 proportionality report for branch’s attention.
Unlike previous reports, we are excited to announce that this year’s data includes the diversity make up for all CWU positions at branch, regional and national level.

In addition, for the very first time we have begun reporting on membership and activism rates for CWU members who identify as having a disability, as such this report sets out the make-up of our activist base, specifically looking at sex, ethnic background, age and disability.

The information used in the attached report has been gathered from the On-Line Service (OLS) membership database and is a sample taken from the period of March/April 2022. Any data illustrating 2021 figures were gathered in November 2021.

During the last data gathering process, 90% of branches updated their branch activism data, as such the data used is the most accurate available but cannot claim to be one hundred per cent accurate or complete.

The next full data report will be produced in early 2023, prior to CWU Annual Conference.

Any queries on this LTB should be directed to equality&education@cwu.org

Yours sincerely,

Kate Hudson
Head of Equality, Education & Development

22LTB 466 – Proportionality 2022 Report

CWU proportionality report 2022

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