CROWN OFFICE FRANCHISING – SETTLEMENT AGREEMENT

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Letter to Branches




No: 842
Ref: 101
Date: 13th December 2013

TO: ALL BRANCHES WITH POSTAL MEMBERS

Dear Colleague

POST OFFICE: CROWN OFFICE FRANCHISING – SETTLEMENT AGREEMENT

We would like to advise branches and members that we have been in discussions with the Post Office with regards to the compromise agreement, now known as the “Settlement Agreement” for those members who are in Crowns which are earmarked for franchising.

Settlement Agreement
Obviously this is a very distressing time for the members in the affected Crowns, who have the following options open to them:

transferring to the new retail partner under TUPE
redeployment within the Post Office (where opportunities exist)
signing a Settlement Agreement.

In order to provide our members with confidence that appropriate legal processes were being followed and that the necessary safeguards were in place, we instructed Simpson Millar solicitors to act on our behalf, and together we have been working with the Post Office and their solicitor (Bond Dickinson) to finalise an agreement which is satisfactory to all parties. We have now finalised the Settlement Agreement and agreed a Joint Statement which reads as follows:

Post Office and CWU communication on Settlement Agreements and Redeployments

Following productive discussions between the Post Office and the CWU, and our respective legal advisers, we have jointly developed an updated Settlement Agreement (formerly known as a ‘compromise agreement’). We jointly recommend this document to colleagues who decide not to exercise their legal right to a TUPE transfer. This should give reassurance to staff during what we recognise is a difficult time.

Signing the Settlement Agreement means you have confirmed you do not wish to take the option of a TUPE transfer. To be clear, this will not prevent you, should you wish, from taking advantage of a redeployment opportunity including those that arise from bumping, if they exist now or arise at a later stage. Whilst we cannot guarantee that all colleagues will be redeployed, the Post Office, working with CWU representatives, is actively seeking to identify all available opportunities. Looking forward, the Post Office and CWU will continue to work together, identifying improvements to both the process and how we can support you in making these important decisions.

This joint statement is without prejudice to the position of the CWU in relation to the Post Office using actual pay as the basis for calculating compensation in relation to the Settlement Agreement. Specifically, this refers to any reduction to the payment as a result of taking strike action during the 26 week reference period, where relevant.

If you need further clarification please speak to your Crown Support Manager (CSM) or your CWU Area Representative.

Roger Gale Andy Furey
General Manager-Crown Network Assistant Secretary
Post Office Ltd CWU

The above should assist our Area Representatives when they are supporting members in one-to-one meetings with the Post Office regarding their options for the future.

The new jointly drawn-up Settlement Agreement supersedes any previously signed un-agreed Settlement Agreement. Members are therefore entitled and encouraged to sign the new legal document.

Update on Franchising
As branches are aware, back in February 2013, the Post Office announced that 70 Crown offices were to be franchised to undisclosed third party retailers. In the ten months since this announcement, the Post Office has confirmed retail partners for 26 of these Crowns; 21 will go to WH Smiths and 5 to independents. These are as follows:

CROWN
CWU MEMBERS AFFECTED
FRANCHISEE
Ballymena
7
EMG Trading
Basildon
13
WHSmith
Boston
11
WHSmith
Burnley
8
WHSmith
Cannock
11
WHSmith
Carmarthen
8
WHSmith
Chesterfield
17
WHSmith
Crewe Town
14
WHSmith
East Finchley
6
Universal Office Equipment (UK) Ltd
Hastings
14
WHSmith
Keighley
13
WHSmith
Kidderminster
10
WHSmith
Kings Heath
10
WHSmith
Littlehampton
6
Yogi Eyecare Ltd
Melksham
8
Crabb & Andrews
Perth
11
WHSmith
Southport
10
WHSmith
Stockton
12
WHSmith
Sutton Coldfield
11
WHSmith
Swiss Cottage
9
WHSmith
Telford Central
10
WHSmith
Uckfield
5
WHSmith
Wallington
7
WHSmith
West Wickham
6
WHSmith
Witney
7
WHSmith
Wisbech
6
Etcetera


Yours sincerely


Andy Furey
Assistant Secretary