Royal Mail Group Disputes – 12 Week Protected Period
The purpose of this LTB is to provide clarity around the complex law following the first 12 weeks of Industrial Action. As Branches will be aware, the strike action linked to the Change ballot was first activated on 30th September 2022. Consequently, the 12 week protected period expires on 23rd December 2022. We appreciate there has been a degree of speculation around this situation in respect of what RMG may do after this date.
As explained by Dave Ward, General Secretary in yesterday’s Facebook Live session, for an employer to legally dismiss, no single employee can be targeted through this clause. Therefore, it would mean RMG would have to dismiss all employees taking strike action and in this case this would equate to in excess of 100,000 members.
To be clear, no individual CWU member can be selectively targeted by RMG for taking legal strike action on Saturday 24thDecember 2022 and likewise any future action under the Change ballot.
We would strongly point to the fact that our Post Office members continued taking strike action throughout the 6 months of their ballot including the last day of the life of the ballot.
We have also spoken to senior RMG management who have confirmed they have no intention to use this legislation as they acknowledge it would be impossible to replace their entire workforce. Furthermore, we have raised this matter with the Chief Conciliator at Acas who has advised there are no precedents in this area. We are therefore certain that selective dismissal would be challengeable through an Employment Tribunal with a very strong prospect of success.
In closing, the speculation around this issue has been deliberately pedalled by local managers who are attempting to de-stabilise the support for the dispute. These managers are simply mischief-making and their actions have no substance.
Dave Ward Andy Furey
General Secretary Acting Deputy General Secretary (Postal)
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