Outstanding Employment Tribunal Claims

Branches will note further to LTB 038/23 that there are approximately 650 outstanding employment tribunal claims from the 2022-23 Royal Mail Industrial dispute.  These were consolidated into the Bristol Tribunal Office and are being managed by Unionline in conjunction with the DGS(P) Department.

These claims had been stayed (Postponed) pending the outcome of a case at the UK Supreme Court (Mercer vs Alternative Futures Group) which had implications for these cases as it relates to trade union detriments due to taking part in or organising industrial action.

The question for the Mercer case was whether organising and taking part in strike action counted as a ‘trade union activity.’ If it did, then employers would not be able to subject workers to a detriment for taking part in or organising strike action.

In the Mercer case, the Supreme Court determined that under UK law, in particular TULRA 1992, organising or taking part in strike action does not constitute trade union activity and therefore so long as employers do not dismiss people, they are able to apply whichever other detriments they wish to.  Clearly this is troubling and could have massive implications for workers taking part in lawful industrial action.

However, the Supreme Court also concluded that this piece of UK law was therefore in breach of the UK’s commitments under the European Convention on Human Rights in particular Article 11 which states:

Art. 11: (1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 

The judgement states:

“If employees can only take strike action by exposing themselves to detrimental treatment, the right (paragraph in bold above) dissolves. Nor is it clear what legitimate aim a complete absence of such protection serves. In the context of the scheme of protection that is available, it is hard to see what pressing social need is served by a general rule that has the effect of excluding protection from sanctions short of dismissal for taking lawful strike action.”

The significance of the loophole in UK law cannot be understated and has effectively denied a fair trial for those members claiming a trade union detriment.  The CWU has submitted an amendment to the TUC 2024 to raise the status of this and to campaign with the new Labour government to close the loophole.

What this means in practical terms is that:

• Those members who have registered claims for trade union detriment have had that part of their claim struck out by the Bristol Tribunal. (For example, if a member registered a claim for unlawful deduction of wages & trade union detriment – ONLY the trade union detriment part of the claim has been struck out.)
• Members are entitled to join a group claim against the UK government to the European Court of Human Rights (ECHR) based on denial of their rights under Article 11 and Article 6 of ECHR – the right to a fair trial.

All members affected by the ruling will be written to and given the option to opt into the claim (see point 2 above).  Of course, there are no guarantees and the process is extremely lengthy.  As members will not have to do anything other than opt in and there may be meaningful compensation available, we would advise Branches to encourage members to do so.

Separately, Weightman’s solicitors, acting on behalf of Royal Mail, have confirmed that all of the outstanding sick pay claims from the dispute will be paid.  Many of these claims had been settled previously but hundreds were still outstanding.  We will of course separately verify that members have received all the monies they were owed before any of these cases are withdrawn.

This should end the unacceptable policy of blanket sick pay withdrawal which took place during the dispute.  We always argued that this was morally wrong and unlawful and it seems that the employer has belatedly accepted they could not defend these actions.  The discredited managerial approach that saw this as an acceptable way to treat employees can have no place in Royal Mail going forward.

This now means that all members who followed CWU advice to register their claims for unlawful deductions of wages (sick pay) with an employment tribunal will have received the money they were owed.  We would like to thank Branches for their assistance and hard work on this matter.

There are several other types of claims not currently covered by the above resolution which continue to be represented by the CWU through the tribunal process with the aim of reaching successful conclusion.  Further updates will be sent to these individuals on their claims.

Any enquiries in relation to this LTB should be addressed to Rob Wotherspoon, Postal Executive Member at rwotherspoon@cwu.org

Yours sincerely,

Martin Walsh
Deputy General Secretary (Postal)

Ray Ellis
Acting Head of Legal Services

LTB 275-24

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Southport Tragedy

It is with great sadness that we are writing to advise Branches that tragically CWU member David Stancombe of the North Lancs and Cumbria Branch lost his daughter Elsie Dot in the heinous attack in Southport on Monday 29^th July.

The CWU and Royal Mail are supporting our member and his family at this heartbreaking time and we wish to give particular thanks to the North Lancs and Cumbria Branch, North West region and North Wales/North West division for their efforts in this regard.

Below are two statements, one from the national union and the other from the North West Region and North Wales/North West Division.

This is an unprecedented tragedy. We are sure that the whole union would want to express their heartfelt condolences to David and his family at this heartbreaking time.

It is with deepest regret that we inform you that postal worker and CWU member David Stancombe from Southport Delivery Office lost his beautiful daughter Elsie Dot in the evil and appalling attack in the town on Monday 29^th July.

 The CWU and Royal Mail are doing everything possible to support our member and his family at this heartbreaking time. 

The North West Region and North Wales/North West Division have also issued the following statement:

The CWU Northwest community is deeply saddened to hear that one of our members, David Stancombe, has lost his daughter in the appalling attack in Southport. We know that all our members and the wider Labour movement will join us in sending our heartfelt condolences to him and his family and all those lucky enough to know Elsie Dot. It’s impossible to understand how and why this happened, but we will continue to do all we can to assist the North Lancs and Cumbria Branch in supporting the family and wider community through this devastating time.

Yours sincerely,

Dave Ward
General Secretary                                        

Martin Walsh
Deputy General Secretary (Postal)

LTB 274.24 Southport Tragedy

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Use the link below to listen to the podcast below on how How Workers Can Beat The Far Right

How Workers Can Beat The Far Right

CWU REVISED RULE BOOK – AUGUST 2024

Attached is a revised National rule book dated August 2024.    This now replaces the previous version dated April 2024.

This new rule book incorporates amendments to national Rule 12 (Political Fund).   These changes were endorsed by the NEC at a meeting on 17 July 2024 and have been given formal authority from the Certification Officers in London and Northern Ireland.   The changes needed to be made due to both Certification Officers having moved.   Rather than list the new addresses these have now been replaced by e-mail contacts namely info@certoffice.org and info@nicertoffice.org.uk respectively.

The amended rules are 12.11.6, 12.11.8, Rule 12 schedule 1.1 (notice to members) and Rule 12 schedule 1.3 (Request for exemption). In addition, the opportunity has also been taken to correct a typographical error in Rule 9.6.3 a.

This rule book is also available on the CWU website and can be found by clicking the following link:

Click to access Rule-Book-2024-August.pdf

Any enquiries regarding this LTB should be addressed to Angela Niven on telephone number 020 8971 7237, or email address sdgs@cwu.org.

Yours sincerely,

Dave Ward
General Secretary

24LTB273 – CWU REVISED RULE BOOK – AUGUST 2024

Rule-Book-2024-Updated-August-2024

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An excellent session on Royal Mail Group pensions covering a range of issues.

You can watch it all back here https://www.youtube.com/live/ceD80CsjFvs?si=ahWUa2R6WM2jWzey

It will also be available as a podcast from tomorrow on our usual channels.

Government announces it will repeal the Strikes (Minimum Service Levels) Act 2024.

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Yesterday, the Government issued a press release confirming that it will repeal the Strikes (Minimum Service Levels) Act 2023. 

The Act allowed regulations to be introduced on an industry-specific basis, setting out required minimum service levels to be maintained during strike-action. Regulations were put in place covering: health, transport, education, fire and rescue, border control, and nuclear decommissioning and radioactive waste management services. Where regulations were in place, once a trade union gave notice of strike action to an employer, that employer could issue a ‘work notice’ ahead of the strike. This specified that the workforce required to meet the minimum service levels for that strike period. 

It is very unusual to see the word ‘binned’ included in a formal press release but, such is the strength of feeling within the government about the minimum service provisions, this word is, indeed, used. The press release attacks the minimum service levels provisions by declaring that “no employer has used” them, they have not “resolved a single strike” and they “undermine good industrial relation”. An accompanying policy paper stresses that industrial relations should be based on “good faith negotiation and bargaining”.

The formal repeal will form part of the upcoming Employment Rights Bill which will be introduced within the first 100 days of the new Government

For the attention of all Operational colleagues in Royal Mail and Parcelforce – PLEASE PRINT AND DISPLAY

You will have all seen in the media the shocking violence currently happening in some towns and cities across the country.  The safety and security of our people are a priority at this time as we continue to serve our customers. We continue to monitor which areas are affected by recent protests so you should report to your normal work location unless you hear otherwise from your manager.

However, as the situation evolves it is important to be prepared so you know what to do if you do find yourself at risk or in a situation that makes you feel threatened or unsafe.

Keeping yourselves and each other safe and secure

1.     Stay informed

·       Follow updates from your manager and trusted news sources.

·       Maintain regular check-ins with your manager and team.

2.     Be prepared

·       Carry ID, a charged mobile phone, and be familiar with emergency contact numbers.

·       Park in secure, authorised areas, lock all doors and windows, and remove or hide valuables and sensitive materials from view.

·       Where necessary, follow altered routes and schedules to avoid protest areas and follow guidance on any required operational adjustments.

·       If you do encounter a protest whilst driving, stay calm and patient, keep doors locked and windows closed, avoid confrontation with protesters, drive slowly and carefully, and seek alternative routes if blocked.

·       If there is a protest happening near to Royal Mail units or offices, keep movement in and out of buildings to a minimum, rearrange any non-essential meetings.

3.     Stay alert

·       Stay aware of your surroundings, try and stay in safe locations, know your exits and routes out of impacted areas.

·       Report unusual or suspicious activities immediately to the Security Help Desk at www.royalmail.com/all-eyes-on-security

·       Avoid engaging with protesters.  Remain calm, composed, and professional if interaction is unavoidable.

·       Call 999 straight away if you think you are in danger.

Ensuring an inclusive and respectful work environment for all

At Royal Mail, we are committed to creating an inclusive culture where everyone feels safe and is treated with dignity and respect. 

As part of Change for Good, we are all responsible for providing a safe and secure work environment where everyone is protected from bullying, harassment, and inappropriate behaviour.  

Our Business Standards clearly describe the standards of behaviour that we expect from all our colleagues. We encourage colleagues to speak with their line manager about any concerns and use the Raising Concerns tile on the People App where needed. 

Looking after yourself and those around you 

If you or someone you know, has been impacted by recent events please remember the Wellbeing Employee Assistance Programme is there to support you, day, or night. 

The service is independent and confidential, and can be contacted through Help@hand or by phoning 0345 266 5060. Wider support is also available through our Wellbeing Hub . 

We will continue to monitor events. Thank you for your continued to commitment to keep the mail moving for our customers.

Alistair Cochrane

Chief Operating Officer

CUBA SOLIDARITY CAMPAIGN- MEDICAL AID APPEAL

The purpose of this LTB is to ask all branches to support the Cuba Vive appeal to send life-saving medical supplies to Cuba.

Cuba’s commitment to health as a human right has helped the country achieve world-renowned health services for its people, despite 62 years of an illegal US blockade. These achievements are now under threat. Extra sanctions imposed under Donald Trump and maintained by the Biden administration have taken a terrible toll on the health service. Cuba’s dedicated health professionals struggle with limited resources to treat patients. Surgical supplies, spare parts and medicines are all needed. Shortages are costing lives.

Let Cuba live – support the appeal

Together with other unions, the CWU is supporting this appeal which aims to fill and ship a container of vital medical supplies to Cuba. Since the appeal was launched in February, more than £80,000 has already been raised. With our support we can break the blockade on health and help reach the £100,000 fundraising target.

We encourage all branches to support the appeal by donating and publicising it to your members. In addition to financial support, it would be helpful if you could raise awareness by sharing this email and the attached leaflet with your members.

There is also a website to accompany the appeal (www.cubavive.org.uk), which has model motions, fundraising ideas, links to further information and online donation facilities. CSC can also provide links to films about the impact of the US blockade on health, as well as speaking notes for anyone who wants to organise a meeting or fundraising event to support Cuba Vive.

The appeal is supported by the Cuban health workers union. Their General Secretary, Dr Santiago Badía González, has sent a message of thanks for our support: “The Cuban people are very grateful for every action of support. You show that the unjust and illegal policies of the US government cannot and will not be able to block solidarity.”

To make a donation or find out more about the Cuba Vive appeal and how you can support it visit www.cubavive.org.uk/donate.  For further information, please contact the Cuba Solidarity Campaign at campaigns@cuba-solidarity.org.uk or email the General Secretary’s office at jdunn@cwu.org.

Yours sincerely

Dave Ward
General Secretary

LTB 272-24 CUBA SOLIDARITY CAMPAIGN- MEDICAL AID APPEAL

Cuba Vive

Tomorrow at 4pm we will host a live session for Royal Mail Group members on pensions. We’ll cover all the basics and take some of the most commonly asked questions.

This is for members of any of the pension schemes.

CWU Policy Advisor Lionel Sampson will be on hand to take us through the session.

We think this will be of interest to a lot of members so please let them know.

The show can be watched via this link live at 4pm tomorrow https://youtube.com/live/ceD80CsjFvs

As always it will be on catch up and podcast.

CWU RESPONSE TO NATIONAL FAR RIGHT RIOTS

As you will know, the past few days has seen acts of violence against Muslim and ethnic minority communities across the country.

The union has now been made aware that at least 40 demonstrations have been planned by far-right groups against mosques and refugee centres this Wednesday (7th August), with more being organised for the coming weekend.

Many of these acts are being committed in the name of the three children horrifically murdered in Southport. To be clear, these violent riots have nothing to do with people in Southport, who are appealing for calm, and the attack there was not committed by a Muslim. The CWU stands in absolute solidarity with the families and community of Southport and our local branches and region have been showing their support to the community in every way possible.

It is the job of trade unionists to deliver for workers and act as pillars of the community in bringing people together. The aims of our union and the labour movement are compromised and weakened if the agenda of race war beats the fight for working-class unity.

As such, we ask all branch committees to contact local mosques, refugee centres and solidarity groups in order to offer our union’s solidarity and support on the ground at a time when they face severe intimidation.

Finally, the need for the whole trade union movement to urgently develop and implement a new anti-racism strategy that reaches every single workplace and community in the UK is greater than ever. The CWU will be taking a lead on this and reporting back to Branches in the coming days and weeks.

Yours sincerely,

Dave Ward
General Secretary                                                     

Kate Hudson
Head of Equality, Education & Development

24LTB271 CWU RESPONSE TO NATIONAL FAR RIGHT RIOTS

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