Latest from the Branch

Midlands Division Defending The 4 Pillars Agreement – Reps Brief A Brief Explanation of TUPE

Midlands Division

Defending The 4 Pillars Agreement – Reps Brief

A Brief Explanation of TUPE

 

One element of the dispute is the decision by the RMG Board to create a new company for Parcelforce, called Parcelforce Limited. The new company would be a wholly owned subsidiary of Royal Mail Group Limited but would sit outside of the existing RMG Structure.

 

This planned change will require all existing Parcelforce employees to be legally transferred into the new company.

 

The relevant law that facilitates the transfers is entitled the Transfer of Undertakings (Protection of Employment) Regulations 2006. This is commonly known as TUPE.

 

This reps brief is designed to provide a brief explanation of TUPE, and Royal Mail’s real intentions regarding Parcelforce.

 

TUPE emanated from a decision of the European Union Council. The UK Government incorporated TUPE into UK Law, and its primary purpose is to protect employee’semployment and current terms and conditions, when one company is sold to another.

 

Prior to TUPE, when a company (company A) and its assets were sold to another company (company B), the employees in company A were not protected and could all lose their jobs when the transfer took effect.

 

TUPE protects employees’ jobs in these circumstances. So, if company A and its assets are sold to company B, then employees in company A do not lose their jobs, they are transferred to company B.

 

If company B refused to transfer the employees in company A, then these employees would be automatically unfairly dismissed.

 

Furthermore, at the point of transfer the existing terms and conditions of those employees transferring are protected. 

 

If a substantial change to existing terms and conditions (e.g. pay rates, holiday entitlement etc) takes place as part of the transfer, then affected employees can terminate their contract of employment and will be regarded as unfairly dismissed.

 

By and large TUPE only protects existing terms and conditions at the point of transfer, and changes to terms and conditions can be proposed post the transfer.

 

 

 

What the Royal Mail Group are proposing regarding Parcelforce is extremely unusual, as this TUPE does not involve two companies. 

 

This TUPE only involves RMG, of which Parcelforce is a part of, establishing a company called Parcelforce Limited, which will be wholly owned by RMG, but crucially will sit outside of the existing Royal Mail Group structure.

 

Why are Royal Mail Group doing this?

 

The letter from Parcelforce to its employees lists a number ofreasons:

 

They say they will have more say over their business decisions. If Royal Mail Group wants to give Parcelforce more say over their business decisions, then the RMG Boardcan easily do this within the existing structures.

 

They say the change will enable them to innovate faster and grow. If Royal Mail Group wants to give Parcelforce more freedom to innovate and grow, then the Board can do this within the existing structure.

 

They say they will be able to bring in new technologies and products faster. The letter does not explain how creating a new company which is still fully owned by company that is supposedly holding you back delivers this.

 

Of course, the truth is this change is completely un-necessary to give Parcelforce more flexibility and freedom to grow. TheRMG Board can deliver all of Parcelforce’s commercial requirements from within the existing RMG Structures.

 

 

If Parcelforce requires more commercial freedom then the CWU would work with RMG to facilitate this within the current RMG structure.

 

This proposed change has everything to do with the RMG Board preparing to outsource and sell off Parcelforce. 

 

Our current legal job security protections prevent RMG from selling off Parcelforce. The company has triggered a review of these protections and will be planning to get rid of this restriction, and if they succeed then the sell off is only a matter of time.

 

 

Can this TUPE be undone?

 

Yes. This TUPE does not involve a sell off from one company to another. There is only one company involved in this planned TUPE – Royal Mail Group. They can stop this planned TIUPE any time they want.

 

Even if the TUPE takes place, RMG can reverse it any time they want as Parcelforce Limited will be a wholly owned business of RMG.

 

The true reason RMG are embarking on this course of action is far more sinister than they are stating. They must be prevented from succeeding.

 

 

 

 

 

 

Stay United – Vote YES

 

 

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Dispute Daily.Tony Bouch of the NEC on why every rep getting out to meetings is so important.

Dispute Daily. We talk to Tony Bouch of the NEC on why every rep getting out to meetings is so important and we round up some of the brilliant gate meetings #WeRiseAgain

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Facebook Live with the DGSP 3rd September at 6pm

Colleagues,

Firstly, as previously advertised we have a Facebook Live with the DGSP tomorrow evening at 6pm. You do not need a FB account to view this, if you do not have one. Simply visit http://www.facebook.com/thecommunicationsunion<http://www.facebook.com/thecommunicationsunion> once the event commences.

As we move into the next phase of the campaign, we are stepping things up and we have two dates for your diary with graphics attached.

1. The Biggest Trade Union Meeting Ever

Monday 9th September at 7pm we will host a Facebook Live session with the GS and DGSP. We will heavily advertise this session and use it as a platform to fire up our reps and members to get back into the workplaces and deliver the vote. Please join the session and encourage as many of your colleagues as possible to do the same.

1. National Gate Meeting Day

We have seen some brilliant gate meetings to far but on Tuesday 10th September we have called ‘National Gate Meeting Day’. On this day we want to see every single office in the UK hold a members meeting. This was a massive success in the 2017 dispute and we are aiming to better it this time.

In addition to the social media graphic (attached), we will be producing workplace posters tomorrow to assist with the publication of this day. It is absolutely critical that every single rep, at all levels of the union, attends a meeting on this day.

By way of leading by example the GS and DGSP will be addressing members at Brighton DO (this will be streamed live on our Facebook page) and the SDGS and President will also speak at members meetings in the BN postcode area – alongside our work at TUC Congress.

SUMMARY

These two events next week are a pivotal part of our campaign as we once again try to combine the best of our traditional and innovative campaigning methods. Please do everything you can to publicise and support both.

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Voice of the Mirror: Suspending Parliament is scandalous sidelining of democracy.

Voice of the Mirror: Suspending Parliament is scandalous sidelining of democracy.

 

BY

Voice of the Mirror

 

29 AUG 2019.

 

 

 

Suspending Parliament is a scandalous sidelining of democracy by an unelected Prime Minister.

Shamefully dragging the Queen into a constitutional crisis that he has engineered only underlines the charlatan’s complete lack of respect for our country’s treasured values, institutions and conventions.

Deceitful Mr Johnson brazenly lied in the 2016 referendum and is lying now in Downing Street. Closing down Parliament to avoid scrutiny of his threat to push Britain off a Brexit no-deal cliff is cowardly.

Afraid his egotistical journey would be ended by the sovereignty of Parliament, this is the coup of a pompous PM.

And the great British public must unite to defeat this outrage. This is not about whether you want to remain in Europe or leave. This is about saving Parliament from a piratical PM.

Age old shame

 

Cynical Boris Johnson has confirmed he is an unprincipled Tory, putting himself first, second and third.

 

When our senior citizens will have spent the equivalent of the annual state pension with four months of the year remaining, we see what a pittance it really is.

To be nearly £4,500 a year short means those without occupational pensions must eat into often meagre savings – or not eat at all.

Poverty among the elderly is on the up.

With talk about raising the qualifying age to 75 from the 67 to be imposed in 2028, 

Tories are already under fire for axing free TV licences, do not deserve the votes of our elderly.

 

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Switched Off: Save free TV for older people.

Off: Save free TV for older people.

We’ve now handed your signatures into 10 Downing Street.

For over a million of the oldest people in our country, television is their main form of company. Right now, that’s under threat.

The BBC has announced they plan to means test TV licences for the over 75s. That means they’ll only be free for people receiving Pension Credit. We believe this change will harm millions of older people who rely on their TV. Together, we must demand the Government takes back responsibility for funding free TV licences.

How you can help.

We’ve handed in our petition with an incredible 634,334 signatures to Downing Street, but we still need your help to reverse the decision to means test free TV licences.

Get in touch with your MP

Ask your MP to save free TV for older people by using our simple online form.

Why means testing isn’t the answer

Many people who are most in need of a free TV licence would lose it under a means-tested system.

The most in need often miss out.

Under new plans, only older people who receive a benefit called Pension Credit will receive a free TV licence. But two fifths of people who are entitled to this benefit – about 1.2 million pensioners – aren’t getting it. Some don’t know they can claim, many struggle to apply and lots more feel embarrassed about needing help. These people are some of the poorest in our society.

People who are barely scraping by will suffer.

Lots of older people have struggled throughout their working life to save a little extra for retirement. But that small pot of savings for a rainy day means they don’t qualify for means-tested benefits. Others are coping with the costs of ill-health or disability. Taking their free TV licence away is a cruel blow.

How will older people be affected?.

Removing older people’s access to TV would be an unthinkably cruel blow when many are already facing huge challenges. Quotes on this page are from real people who’d be affected by the decision.

• Half of all over 75s are living with a disability, and many rely on their TV for companionship and entertainment.

• For those who don’t have the internet, TV lets them stay up to date with what’s happening in the world.

• Nearly a third of over 75s are living in poverty or just above the poverty line. Paying a hefty extra bill would simply be impossible when they’re barely scraping by as it is.

• Our research shows that more than 2 million over 75s will have to go without TV or cut back on heating and food if free TV licences were scrapped.

“I have had a stroke and I am housebound. TV is my main pleasure. Don’t do this to us please.”

What older people are telling us.

We’ve received thousands of responses from people across the country who are worried about losing their TV licence, or are concerned for others who may be affected.

Their words are a powerful reminder that, for many people, TV is so much more than just ‘background noise’.

“In my advancing years I have to spend longer hours at home, so watching TV is not just a pastime but a necessity. TV is my “life support machine!” I am convinced it ought to be free for people on low income and particularly so for the over 75s. I do hope the proposition will be rescinded.”

“I am on a small pension and if it came to a choice between food and TV, I would lose out and become isolated and alone. TV keeps me company. the planned changes to TV lice

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UNI EUROPA YOUTH CONFERENCE 2019

UNI EUROPA YOUTH CONFERENCE 2019

Further to LTB 487/19 dated 13th August 2019, please see below ballot result for the UNI Europa Youth Conference which closed on the 30th August 2019.

 

Postal Constituency 

1 Lay Member

John Carson 45,686 *Elected
Scott Hartles 20,034  
Daniel Hermitage 18,973  

 

Please find attached a branch analysis of the ballot results.

Any enquiries regarding this Letter to Branches should be addressed to the Senior Deputy General Secretary’s Department on telephone number 020 8971 7237, or email address sdgs@cwu.org.

Yours sincerely,

 

Tony Kearns

Senior Deputy General Secretary

19LTB523

Ballot Returns



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BT Hybrid Pension – One Month to Decide – Deadline 30 September

BT Hybrid Pension – One Month to Decide – Deadline 30th September

 The BT Hybrid Pension Scheme (BTHS) has been open since April. Those eligible now only have only until 30th September to decide whether or not to join.

 To help draw attention to this deadline the CWU has today:

  • Emailed and texted all those members we believe were previously a member of Section B or C of the BT Pension Scheme. A copy is attached below.
  • Launched a new CWU podcast via social media

https://soundcloud.com/the-cwu/the-u-word-bt-hybrid-pension-scheme-special

Eligible members have to make an individual decision about whether to join before the end of September. This is an important decision that could have wide ranging implications.

 Those eligible to join are strongly advised to:

  •  Listen to a webinar provided by Wealth at Work.
  •  Take part in a 1-2-1 session provided by Wealth at Work in work time.

Member Queries and Financial Advice

Members who have questions about the BTHS should contact Wealth at Work in the first instance. Wealth at Work can be contacted via 0800 083 5056, or www.bt-hybridpension.com/bt or bt-hybridpension@wealthatwork.co.uk

The CWU is legally prohibited from giving financial advice. If members are unsure which pension option to take then they are strongly advised to take independent financial advice.

All CWU members are entitled to a no obligation initial financial consultation with Lighthouse Financial Advice. Further information on this option is available on the CWU website at www.cwu.org/my-union/member-benefits/ . Please note that sign in to the CWU site is required to access details.

Yours sincerely

 

Nigel Cotgrove

Assistant Secretary

LTB 522.2019

LTB 522.2019 Attachment 1

 



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Day 4 of the Dispute Daily. Includes a brilliant contribution from John Carson of Glasgow and District Amal

Day 4 of the Dispute Daily. Includes a brilliant contribution from John Carson of Glasgow and District Amal on why Part-Time members must vote yes. Please share as widely as possible.

#WeRiseAgain

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SUSPENSION OF PARLIAMENT – NATIONAL DEMONSTRATIONS

SUSPENSION OF PARLIAMENT – NATIONAL DEMONSTRATIONS

Colleagues will be aware that since the decision by the Government to stop Parliament sitting for a five week period from early September, a number of protests have taken place around the country to oppose what is considered an attack on the democracy of the country.

The voices of opposition to the actions of the Government and the participants in the demonstrations come from across the political spectrum including those on both sides of the remain versus leave debate.

For the CWU this is not simply about stopping a no deal Brexit that would hit working people hardest. It is about an unelected Prime Minister avoiding accountability in a serious attack upon our democracy.

We have campaigned consistently for a General Election to begin to reverse the attacks on working people, particularly through the Government’s austerity measures and to bring about a transformative political agenda with the election of a Labour Government.

We have supported vocally and physically countless demonstrations against this Government austerity agenda and we believe it right to support demonstrations that rally against the undemocratic processes of this Government as part of our call for a General Election.

The Peoples Assembly are calling for a demonstration in London next Tuesday evening and a number of demonstrations are being called around the country this Saturday (details below).

  • Aberdeen, 12 noon at the Castlegate.
  • Birmingham, 1 pm on Victoria Square by the Council House.
  • Bournemouth, 11 am, Bournemouth Square.
  • Brighton, 12 noon, The Level BN1 4ZN.
  • Bristol, 12 noon, College Green.
  • Cambridge, 12 noon, outside The Guildhall, Market Square.
  • Dundee, 2 pm, City Square.
  • Exeter, 11 am, Bedford Square.
  • Glasgow, 2 pm, George Square.
  • Leeds, 11 am, Town Hall.
  • Liverpool, 12 noon, St George’s Hall.
  • London, 12 noon, Downing Street.
  • Leamington Spa, 12 noon in the Pump Room Gardens.
  • Manchester, 12 noon, Cathedral Gardens.
  • Newcastle, 12 noon, Grey’s Monument.
  • Norwich, 2 pm outside City Hall.
  • Nottingham,  11 am, Brian Clough Statue close to Old Market Square.
  • Oxford, 11 am, Broad Street outside Balliol College.
  • Plymouth, 11am, Armada Dial.
  • Southampton, 12 noon, Guildhall Square.
  • Sheffield, 11 am, Town Hall.
  • Swansea, 12 noon, Big Screen at Castle Square.
  • Swindon, 11 am, 29 Wood St.
  • York, 12 noon, St Helen’s Square.

Events are fast moving on this subject and although these events are called at short notice we support the calls being made to stop this attack on our democracy and encourage as many Branches, reps and members to support these demonstrations where possible.

As this important matter develops we will update branches further on our position and what actions we believe we should take to further our demands for a General Election.

Any enquiries on the above LTB should be addressed to gsoffice@cwu.org

 

Yours sincerely

 

Tony Kearns

Acting General Secretary 

19LTB521 Suspension of Parliament – National Demonstrations



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