LTB 192/11:Posties reinstated/Cycle helmets

[POSTMAN]

25 February 2011
LTB 192/11- Postmen Reinstated After Being Wrongfully Sacked For Not Wearing Cycle Helmets


25 February 2011
LTB 192/11- Postmen Reinstated After Being Wrongfully Sacked For Not Wearing Cycle Helmets

No. 192 /11
Ref C2
Date: 25 February 2011



To: All Branches

Dear Colleagues

Postmen Reinstated After Being Wrongfully Sacked For Not Wearing Cycle Helmets

In response to a number of enquiries received by CWU/HQ and in relation to various stories appearing in the media, some of which were inaccurate, the following statement has been released:

A 22 month battle has resulted in two Postmen, from Southport and Lytham St Annes Delivery Offices, being offered reinstatement to their Jobs or compensation settlementsafter being sacked for not wearing their Cycle Helmets in 2009, a compulsory safety requirement in Royal Mail.

Postman David Smith, a father-of-two, was sacked by Royal Mail in May 2009 after 17 years delivering mail across Southport and 59 years old Paul Usher a Postman for 12 years at Lytham St Annes was also sacked.

After a lengthy appeal the CWU's National Health and Safety Officer Dave Joyce took up the cases with the Royal Mail Group Chairman and the Company Secretary, eventually producing a satisfactory outcome. Dave Smith has now been reinstated to his job at Southport. Paul Usher opted for substantial compensation rather than return to his Lytham St Annes job due to the fact he is now approaching retirement age. Three other similar cases were previously resolved with compensation being paid in one case and the dismissals overturned in two further cases. Mr. Smith will also receive loss of back pay compensation for the duration of his suspension and have lost pension contributions paid. The detailed terms of the settlements are confidential.

Dave Smith and Paul Usher were delighted with the outcome and very relieved after what has been a very traumatic and stressful 22 months for them. Both expressed their gratitude to the Union for not giving up on their cases. Colleagues of the men have also spoken of their delight at hearing of the settlements.


CWU National Health and Safety Officer Dave Joyce who took up the members cases said "Quite frankly the draconian management actions in Royal Mail's North West Region were shocking. There is a clear compliance process to follow in cases where members fail to wear their Cycle Helmet which includes the involvement of the local CWU Safety Representative initially, followed by a number of steps to achieve co-operation. The agreement actually states that it is not the intention of Royal Mail to dismiss staff. However, the local managers in these cases decided to ignore the national agreement by truncating the process completely and summarily dismissing staff for a first offence, even if the individual was someone like Dave Smith with an unblemished, exemplary 17 years service." Dave added "It's important to understand that this wasn't a Safety issue!

It was a breach of process issue. Royal Mail and CWU have had a signed National Agreement from 2003 stipulating that it is mandatory for Cycle Delivery workers to wear a Cycle Helmet and High Visibility Jacket. The agreed policy between the CWU and Royal Mail which aims to protect people from potentially serious or fatal injuries, remains in place and I urge all our members to wear the appropriate Safety Equipment at all times without exemption." Dave concluded "However, the agreed compliance process must be strictly adhered to by Managers who should work with the staff and the CWU Safety Reps and not work against them as happened in the North West Region.

I have called for an investigation in to the actions of the Managers concerned which brought about these injustices and the procedures for dealing with situations like this more quickly should they arise in future".



Yours Sincerely

Dave Joyce
National Health, Safety & Environment Officer

[Big Daz]

[Dorset Plodder]

Good Result Glad a couple of Posties kept their jobs. BUT what is the problem with these Bloody Cycle Helmets? I've spent most of my Adult life wearing some sort of Protective Headwear be it an Army Helmet, a Motorcycle Helmet or a Cycle Helmet.
Is it just the typical stroppy British workers attitude of, "If you tell me to do something I'm going to Buck Against the system on Principle" type argument? Nothing against that type of argument but I really can't see what the problem is. Just wear the Bloody thing and don't give them an excuse to sack you! As well as the issue footwear and your Hi-Vis vest. No-ones asking you to wear a Flak jacket and 20kg of equipment.
I've had a few accidents and at least I had the helmet on, Christ knows what the DIM would have said if I was in casualty with a fractured skull when I should have been wearing a Skid Lid!