LTB 141/19 Post Office: Franchising of 74 Crown Offices to WH Smith - Union De-Recognition

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LTB 141/19 Post Office: Franchising of 74 Crown Offices to WH Smith - Union De-Recognition

No. 141/2019

6th March 2019



Dear Colleagues

POST OFFICE: FRANCHISING OF 74 CROWN OFFICES TO WH SMITH – UNION DE-RECOGNITION

Further to LTB 095/19 dated 12th February. As previously reported, at the recent discussions with Post Office and WHS regarding the “measures” transferring across with Crown Office members under TUPE to WHS, agreement could not be reached on formal CWU recognition for these members. As a consequence, following our last meeting on the “measures”, and after taking legal advice, I wrote formally to Anthony Lawrence, Group HR Director, WHS on 12th February to outline our strong arguments as to why Union recognition should transfer with the members under TUPE legislation.

Unfortunately I did not receive a response to my letter and I therefore sent a further letter to Anthony Lawrence on 27th February. I have now received a response which can only be interpreted as WHS de-recognising this Union due to a legal interpretation on their part, which we believe to be spurious. Basically, WHS is claiming the Post Office operation within a WHS store is not a “distinct” entity and therefore TUPE in regards to Trade Union recognition doesn’t apply.

It is extremely disappointing that the Post Office is choosing franchise partners who do not want to recognise the CWU which is essentially creating a de-recognition of Trade Unions, something we cannot tolerate and we are determined to challenge this ill-conceived position. Obviously our members transferring will want the CWU to be formally recognised yet WHS are turning their face away from this position.

We will be taking further legal advice regarding the legal technicality that WHS is hiding behind and further developments in this regard will be reported. Also, a document will be placed before the Postal Executive at the next statutory meeting in order to determine future policy and our next steps.

In the meantime, we will be highlighting WHS’s stance in regard to Union de-recognition at our political event in Westminster next Monday 11th March (refer to LTB 129/19 for full details). We will also be raising this serious matter with Gill Furniss MP, Shadow BEIS Minister.

Finally, our Post Office Representatives are urged to bring this situation to the attention of those members facing franchising as they need to be aware of all facts which will help them to determine whether they take the Settlement Agreement or TUPE.

Further developments will be reported.

Yours sincerely



Andy Furey

Assistant Secretary

19LTB141 Post Office – Franchising of 74 Crown Offices to WH Smith – Union De-Recognition https://emails.cwu.org/t/d-l-pldna-ztkjiuyil-i/" onclick="window.open(this.href);return false;

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LTB 141/19 Post Office: Franchising of 74 Crown Offices to WH Smith - Union De-Recognition

No. 141/2019

6th March 2019



Dear Colleagues

POST OFFICE: FRANCHISING OF 74 CROWN OFFICES TO WH SMITH – UNION DE-RECOGNITION

Further to LTB 095/19 dated 12th February. As previously reported, at the recent discussions with Post Office and WHS regarding the “measures” transferring across with Crown Office members under TUPE to WHS, agreement could not be reached on formal CWU recognition for these members. As a consequence, following our last meeting on the “measures”, and after taking legal advice, I wrote formally to Anthony Lawrence, Group HR Director, WHS on 12th February to outline our strong arguments as to why Union recognition should transfer with the members under TUPE legislation.

Unfortunately I did not receive a response to my letter and I therefore sent a further letter to Anthony Lawrence on 27th February. I have now received a response which can only be interpreted as WHS de-recognising this Union due to a legal interpretation on their part, which we believe to be spurious. Basically, WHS is claiming the Post Office operation within a WHS store is not a “distinct” entity and therefore TUPE in regards to Trade Union recognition doesn’t apply.

It is extremely disappointing that the Post Office is choosing franchise partners who do not want to recognise the CWU which is essentially creating a de-recognition of Trade Unions, something we cannot tolerate and we are determined to challenge this ill-conceived position. Obviously our members transferring will want the CWU to be formally recognised yet WHS are turning their face away from this position.

We will be taking further legal advice regarding the legal technicality that WHS is hiding behind and further developments in this regard will be reported. Also, a document will be placed before the Postal Executive at the next statutory meeting in order to determine future policy and our next steps.

In the meantime, we will be highlighting WHS’s stance in regard to Union de-recognition at our political event in Westminster next Monday 11th March (refer to LTB 129/19 for full details). We will also be raising this serious matter with Gill Furniss MP, Shadow BEIS Minister.

Finally, our Post Office Representatives are urged to bring this situation to the attention of those members facing franchising as they need to be aware of all facts which will help them to determine whether they take the Settlement Agreement or TUPE.

Further developments will be reported.

Yours sincerely



Andy Furey

Assistant Secretary

19LTB141 Post Office – Franchising of 74 Crown Offices to WH Smith – Union De-Recognition https://emails.cwu.org/t/d-l-pldna-ztkjiuyil-i/" onclick="window.open(this.href);return false;

View Online https://emails.cwu.org/t/d-l-pldna-ztkjiuyil-d/" onclick="window.open(this.href);return false;

Total shower of s**t, bringing wages and conditions to as low as possible. TUPE was always a rubbish set up but it's now not worth the paper it's written on. RM still have good wages and conditions but these are under attack. Yes we all moan about the UNION, but just look at YODEL, DPD,and HERMES. Utter jokes of companies when it comes to their staff or self employed staff or half self employed. The post office staff are going through a head f**k of changes, especially the WHSMITH transfers. They will be on average dropping about £3:50 to £5:00 per HOUR transferring from being a counter clerk to a WHSMITH lacky. I for one don't buy anything from them anymore, also don't buy from NESTLE CHOCOLATES, SUN NEWSPAPER,ALLIED BAKERIES and generally any workplace or company that have shafted their loyal staff. That's what's needed with this bull s**t transfer to WHSMITH. If you can ,use a counter that's still a crown office. I know that you might have to go out your way, but when the s**t hits the fan we all need to stand together as ONE. Maybe the answer is to almagamate all the union's into about 3 super unions. God in Dwp we have five unions all with their own objectives and politics. Is it time for another GENERAL STRIKE, ALL OUT TO SAVE DIGINTY AND GENERAL DECENCY AT WORK. How long are we prepared to be shat on, on a daily basis. I'm not some mad lefty I just think that treating people with dignity and respect goes a long way. When will management realise this basic fact.