23rd December

[redlen]

You have to reballot after 12 weeks after attending talks with ACAS with continuing strike action, that is the law

[Acca Dacca]

You have to reballot after 12 weeks after attending talks with ACAS with continuing strike action, that is the law

You brought RMT into it, not us

RMT reballoted due to the 6 months elapsing not because of the 12 week thing.

[Halfhappy]

If he sacks any postie that is on strike the 24th Dec he has to sack every postie that strikes that day otherwise its discrimination.

I thought the RMT dispute wasn't about the drivers. I'm sure I kept seeing it pointed out that talking about the drivers pay, is misrepresenting the facts, as it's not thrm in dispute.

[Halfhappy]

You have to reballot after 12 weeks after attending talks with ACAS with continuing strike action, that is the law

Would it be possible to show where this clause is stated?

[redlen]

https://www.acas.org.uk/dismissals/unfair-dismissal

nfair dismissal because of industrial action
Employees cannot be dismissed for taking part in industrial action if:

it's called as a result of a properly organised ballot
it's about a dispute between them and their employer (for example, about terms and conditions)
the employer receives a legally required, detailed notice about the industrial action at least 7 days before it begins
they take part in the action at any time within the 12 weeks from when it began
Non-union members have the same rights as union members not to be dismissed if they take part in legal, official industrial action.

After 12 weeks, employees could be dismissed for taking part in industrial action if the employer has tried to settle the dispute. For example, the employer may have asked Acas to help find a solution.

[redlen]

https://www.gov.uk/industrial-action-st ... %20dispute.

[Halfhappy]

https://www.acas.org.uk/dismissals/unfair-dismissal

nfair dismissal because of industrial action
Employees cannot be dismissed for taking part in industrial action if:

it's called as a result of a properly organised ballot
it's about a dispute between them and their employer (for example, about terms and conditions)
the employer receives a legally required, detailed notice about the industrial action at least 7 days before it begins
they take part in the action at any time within the 12 weeks from when it began
Non-union members have the same rights as union members not to be dismissed if they take part in legal, official industrial action.

After 12 weeks, employees could be dismissed for taking part in industrial action if the employer has tried to settle the dispute. For example, the employer may have asked Acas to help find a solution.

That doesn't say you have to reballot. It says everything everyone is saying in here. After 12 wks your legal protection is no longer there. You're implying the ballot is no longer valid after weeks, requiring a reballot. That simply isn't true, from what I can see.

[Halfhappy]

Am I right in thinking the RMT have also been in talks with ACAS present?

[redlen]

It states the legal protections end after 12 weeks of balloted action once ACAS has been involved.

If you continue with industrial action without a fresh ballot to get a further 12 weeks of protections, you can be dismissed for breach of contract and that dismissal automatically fair.

[Surreypostie]

You have to reballot every 6 months.

[redlen]

Have already stated that with a normal ballot but if Acas involved it is 12 weeks if you still want legal protections and keep your job with continuing strike action.

Am amazed people post advice that can lead to an employee to lose that job. This is primary legislation in black and white.

[grchpo]

I asked the original question, can someone get an union official on here & tell us how they are going to stop us being fired. If they can't do that I will not strike cos I don't want to lose my job & no information from the union seems to be forthcoming

[Pidleypoo]

I asked the original question, can someone get an union official on here & tell us how they are going to stop us being fired. If they can't do that I will not strike cos I don't want to lose my job & no information from the union seems to be forthcoming

Wether you strike or not wouldn’t make a difference.

They would have to fire every single person.

To the other bloke above too , only if the employer has made reasonable attempts to resolve the dispute can they do what you’re suggesting and it will result in a massively expensive court case.

[Pidleypoo]

I asked the original question, can someone get an union official on here & tell us how they are going to stop us being fired. If they can't do that I will not strike cos I don't want to lose my job & no information from the union seems to be forthcoming

Wether you strike or not wouldn’t make a difference.

They would have to fire every single person.

To the other bloke above too , only if the employer has made reasonable attempts to resolve the dispute can they do what you’re suggesting and it will result in a massively expensive court case.

[redlen]

That is simply not true and pure guess work on your part.

Please tell me where it states they will have to dismiss every employee who takes strike action after legal protections have been exhausted?

People are dismissed for breaching their contracts of employment, that can be for many reasons such as disciplinary record, sickness etc.

The employer in this example is free to dismiss or retain any employee they like on past conduct issues. The only issue might be if an employee who was dismissed was a trade union rep at the time.

And there are no cost involved with employment tribunals so hardly massively expensive