LTB 038/23 - ROYAL MAIL GROUP DISPUTES - CLAIMS FOR TU DETRIMENT & UNLAWFUL DEDUCTIONS

[POSTMAN]

https://www.cwu.org/ltb/ltb-038-23-roya ... eductions/

LTB 038/23 - ROYAL MAIL GROUP DISPUTES - CLAIMS FOR TU DETRIMENT & UNLAWFUL DEDUCTIONS
No. 038/23

10th February 2023

Dear Colleagues,

ROYAL MAIL GROUP DISPUTES – Claims for TU detriment & unlawful deductions

Further to LTBs 477/22 viewtopic.php?f=87&t=107722&p=1016634 and 500/22 viewtopic.php?f=87&t=108037&p=1021800 , discussions have taken place with Acas concerning over 1000 claims that currently exist relating to Trade Union detriments and unlawful deduction of wages. Thank you for all the work that Branches have performed on these claims, which are a vital part of the fightback against RMG’s unacceptable treatment of CWU members.

The two main groups of claims relate to:

preventing CWU members from performing normal overtime in response to taking part in or organising industrial action; and
the unlawful deduction of sick pay.
RMG have indicated they are taking the following approach:

For sick pay – RMG solicitors Weightmans will now be entering into individual conciliation on cases through Acas. It is possible some members will be offered money to settle their cases. It is up to individual members if the amount on offer is sufficient, or if they wish to pursue further compensation, for example if bank charges have occurred as a result of the stoppage. This means it is vital that all cases that Branches are aware of, relating to unlawful deductions of sick pay are quickly registered with Acas for early conciliation. Acas have already begun to contact members and Branches with requests for further information and Branches may wish to enter into discussions.

In order to assist with the collection of further information on these cases, a new national web form has been set up at:

https://www.cwu.org/sick-pay

Members who have filled in the previous national claim form will be emailed to fill in a copy of this form. This will then be shared with Branches to forward to Acas in order to assist with the conciliation process.

If Weightmans indicate that they are not willing to conciliate on a particular case, an early conciliation certificate will be issued by Acas. This will also happen if the claim reaches the end of the six week Acas timeframe. This means the clock will start ticking again for the Employment Tribunal, and the ET1 then needs to be submitted, especially in light of the 3-month minus 1-day deadline. The fact the above form has been filled out should assist Branches greatly for the detail needed at Employment Tribunal.

We are extremely grateful for the Branches ongoing work in this area, which has already successfully delivered money back to our members that had been unlawfully deducted. The decision to stop sick pay for individuals at a time when they are at their most vulnerable is appalling; however, we are confident that further gains will be made for our members.

For overtime cases, RMG’s solicitor Weightmans have indicated that they will NOT be entering into individual conciliation on cases through Acas. This means that early conciliation certificates will be issued and, once again, it is important that ET1 forms are completed prior to the 3-month deadline. ET1A forms can also be used to group claims of this type where the circumstances are the same, (for example claims from the same workplace). The draft grounds of complaint were circulated in LTB 383/22 and should be used on the ET1 or ET1A form.

Discussions have taken place with the CWU legal services department about grouping claims of this type together at Employment Tribunal and further advice will be circulated on how this will take place.
Acas have also requested that the following information is included on the early conciliation online form for each member to assist with the early conciliation of cases:

What the issue is;
Member’s Payroll number; and
Workplace location (i.e name and area of country).

Furthermore, a list of frequently asked questions about progressing claims at Acas and at employment tribunal is attached.

For any questions about this LTB please contact Postal Executive members Rob Wotherspoon rwotherspoon@cwu.org, Saf Khan skhan@cwu.org or Luke Elgar lelgar@cwu.org.

Yours sincerely,

Andy Furey
A/Deputy General Secretary (Postal)

Dave Ward
General Secretary

Clean link...
https://www.cwu.org/wp-content/uploads/ ... t-FAQs.pdf

LTB-038-23-Attachment-FAQs.pdf