Friday 5 July 2013

Challenge to ET fees

I am indebted to Pauline Rourke for supplying the following.

IMPORTANT PRESS RELEASE
FOX AND PARTNERS
LEGAL CHALLENGE TO INTRODUCTION OF FEES IN EMPLOYMENT TRIBUNALS
Scottish Law firm- Fox and Partners - launches Judicial Review
Fox and Partners have today lodged a petition for Judicial Review at the Court of Session in Edinburgh to challenge the introduction of fees within the Employment Tribunal System and the EAT in Scotland. For the first time in the history of Employment Tribunals the UK government proposes to introduce fees on 29th July 2013. These fees will make it much more difficult, if not impossible, for low paid women to lodge equal pay claims, place a financial burden upon workers who are unfairly dismissed or made redundant and will impose a monetary penalty on employees who wish to lodge a whistle blowing case. Ordinary workers with relatively small claims for unlawful deduction of wages, unpaid holidays or failure to pay the national minimum wage will be deterred from pursuing their statutory rights as the fees may be disproportionate to the potential award.
We believe that the imposition of fees in principle is unjust as this will further limit access to justice in Scotland. In the present economic climate we wish to protect employment rights and have therefore instructed an eminent QC to take legal action to challenge the imposition of fees in Scotland. Our decision to lodge this petition is also supported by Stefan Cross QC as he has expressed grave concerns about these fees and the continued rights of women to pursue equal pay cases in Scotland.
The level of the proposed tribunal fees are far higher than any other court in Scotland as they appear to have been modelled upon English courts. In order to lodge a case for discrimination or unfair dismissal a claimant must first pay £250 to have the complaint accepted by the Employment Tribunal and a further £950 before the case can proceed to a full hearing. Equal pay cases which we have pursued on behalf of low paid women since 2005 will now have to pay fees for any appeal. They will be required to lodge a fee of £400 to institute the appeal and a further £1200 for an appeal hearing. Yet fees in Scottish Courts have traditionally been at a much more affordable level of for example, £48 and £207 fees respectively in ordinary causes in the Sheriff Courts.
Leading Senior Counsel, Jonathan Mitchell QC has been instructed on our behalf and we have intimated the petition to the Advocate General for Scotland, the Presidents of the Employment Tribunal in Scotland and the EAT in London. We have also served papers on the Equality and Human Rights Commission and the Lord Advocate as interested parties. We believe that the new Regulations fail to comply with European, Human Rights or Equality Law and wish to ensure that Scottish Judges
have a full opportunity to debate these important issues before the imposition of these unjust fees. We seek an interim interdict to prevent the imposition of fees pending a full court hearing addressing these matters. The initial hearing is listed for Thursday 4th July 2013 at 10am at the Court of Session in Edinburgh.
Fox and Partners is the specialist employment law firm of Scotland which only represents claimants. We have therefore taken this legal action to protect the interests of all existing and future claimants to ensure that we uphold the principle of equality and access to justice for low paid workers. Our record of fighting mass equal pay cases since 2005 and pursuing individual employment cases for claimants places us in a unique position to challenge these regulations and the imposition of unjust and unaffordable fees.
Notes to Editors:
1. Fox and Partners represents over 12,500 claimants with equal pay cases underway at the Employment Tribunal.
2. In addition we specialise in employment law and have over 40 years combined experience of representing claimants before the Employment Tribunal.
3. Employment Tribunals were originally called Industrial Tribunals with the intention of open access to peoples’ courts where individuals could more easily enforce their employment rights.
4. If further comment is required please speak to Carol Fox at Fox and Partners on 0131 652 7360 or out of hours 07962 158940.

Thursday 4 July 2013

Thank you all so much

The Election Centre, 33 Clarendon Road, London N8 0NW
Tel: 020 8365 8909 | Fax: 020 8365 8587
www.electoralreform.co.uk | enquiries@electoralreform.co.uk
Electoral Reform Services Limited | Registered No. 2263092 | Registered Office: 33 Clarendon Road, London N8 0NW
4th July 2013
COMMUNICATION WORKERS UNION
ELECTION OF OFFICERS, NATIONAL EXECUTIVE COUNCIL & NATIONAL REPRESENTATIVES
Our report of voting for the above elections, which closed at first post on Tuesday 2nd July
2013, is as follows:
Deputy General Secretary (P)
WARD, Dave ................................................... Elected Unopposed
Deputy General Secretary (T&FS)
KERR, Andy .................................................... Elected Unopposed
Assistant Secretary Equal Opportunities
Number of eligible voters: 201,985
Votes cast by post: 24,449
Total number of votes cast: 24,449
Turnout: 12,1%
Number of votes found to be invalid: 2,938
Total number of valid votes to be counted: 21,511
Result (1 to elect)
ROY, Linda ........................................................ 13,408 Elected
CORNELIUS, Vicki ................................................ 8,103
Assistant Secretary Health, Safety & Environment
JOYCE, Dave ................................................... Elected Unopposed
Assistant Secretary Postal (Outdoor)
GIBSON, Bob ................................................... Elected Unopposed
Assistant Secretary T&FS (1)
O’CALLAGHAN, Colin ......................................... Elected Unopposed
The Election Centre, 33 Clarendon Road, London N8 0NW
Tel: 020 8365 8909 | Fax: 020 8365 8587
www.electoralreform.co.uk | enquiries@electoralreform.co.uk
Electoral Reform Services Limited | Registered No. 2263092 | Registered Office: 33 Clarendon Road, London N8 0NW
Assistant Secretary T&FS (2)
EAST, John ..................................................... Elected Unopposed
Assistant Secretary T&FS (3)
ELDRED, Allan ................................................. Elected Unopposed
Postal Constituency Chair
LOFTUS, Jane ................................................. Elected Unopposed
Postal Constituency Vice-Chair
DONAGHY, Peter .............................................. Elected Unopposed
National Executive Council – Postal Constituency Representatives
Number of eligible voters: 124,330
Votes cast by post: 13,835
Total number of votes cast: 13,835
Turnout: 11.1%
Number of votes found to be invalid: 219
Total number of valid votes to be counted: 13,616
Result (9 to elect)
BROWNE, Phil .................................................... 6,479 Elected
BAULCH, Mark .................................................... 6,107 Elected
KAVANAGH, Mick ................................................. 5,993 Elected
WARD, Ian ......................................................... 5,653 Elected
ROBERTSON, Davie .............................................. 5,192 Elected
MADEN, Carl ...................................................... 5,151 Elected
ALI, Mahmood .................................................... 4,913 Elected
QUIRKE, Katrina .................................................. 4,687 Elected
MALONE, Joe ..................................................... 4,546 Elected
BOUCH, Tony ..................................................... 4,377
WEATHERALL, Bobby ............................................ 4,122
DUDD, Kye ........................................................ 3,921
DEVENPORT, Bruce .............................................. 3,833
HOPPING, Andy .................................................. 3,774
The Election Centre, 33 Clarendon Road, London N8 0NW
Tel: 020 8365 8909 | Fax: 020 8365 8587
www.electoralreform.co.uk | enquiries@electoralreform.co.uk
Electoral Reform Services Limited | Registered No. 2263092 | Registered Office: 33 Clarendon Road, London N8 0NW
Postal Executive – Postal Grades Representatives
Number of eligible voters: 122,388
Votes cast by post: 13,657
Total number of votes cast: 13,657
Turnout: 11.2%
Number of votes found to be invalid: 144
Total number of valid votes to be counted: 13,513
Result (13 to elect)
BROWNE, Phil .................................................... 6,462 Elected*
BAULCH, Mark .................................................... 6,147 Elected*
KAVANAGH, Mick ................................................. 6,021 Elected*
WARD, Ian ......................................................... 5,858 Elected*
ROBERTSON, Davie .............................................. 5,513 Elected*
MADEN, Carl ...................................................... 5,369 Elected*
ALI, Mahmood .................................................... 5,257 Elected*
QUIRKE, Katrina .................................................. 4,863 Elected*
MALONE, Joe ..................................................... 4,861 Elected*
BOUCH, Tony ..................................................... 4,847 Elected
McNALLY, Lesley (nee McLEAN) ............................... 4,755 Elected
WEATHERALL, Bobby ............................................ 4,652 Elected
HOPPING, Andy .................................................. 4,558 Elected
BANBURY, Shelley ............................................... 4,482
DUDD, Kye ........................................................ 4,278
DEVENPORT, Bruce .............................................. 4,152
DAVIES, Huw ...................................................... 3,772
*Already elected to NEC so automatically members of the Postal Executive.
Postal Executive – Postal and Technical Services Grades Representatives
JONES, Steve .................................................. Elected Unopposed
STEEL, Bill ..................................................... Elected Unopposed
Telecoms & Financial Services Constituency Chair
SHEPHERD, Beryl .............................................. Elected Unopposed
Telecoms & Financial Services Constituency Vice-Chair
JUKES, Dave ................................................... Elected Unopposed
The Election Centre, 33 Clarendon Road, London N8 0NW
Tel: 020 8365 8909 | Fax: 020 8365 8587
www.electoralreform.co.uk | enquiries@electoralreform.co.uk
Electoral Reform Services Limited | Registered No. 2263092 | Registered Office: 33 Clarendon Road, London N8 0NW
National Executive Council – Telecoms & Financial Services Constituency Representatives
Number of eligible voters: 56,903
Votes cast by post: 6,098
Total number of votes cast: 6,098
Turnout: 10.7%
Number of votes found to be invalid: 351
Total number of valid votes to be counted: 5,747
Result (6 to elect)
UPTON, Julia ..................................................... 3,469 Elected
ROSE, Karen ...................................................... 3,468 Elected
DARBYSHIRE, Nick ............................................... 3,264 Elected
O’BRIEN, Brendan ............................................... 3,241 Elected
McGLYNN, Chic ................................................... 3,137 Elected
RYAN, Gerry ...................................................... 3,100 Elected
BALLARD, John ................................................... 1,879
RICHARDS, Winston .............................................. 1,537
KEITZ, Linda ...................................................... 1,517
WALDER, Clive ................................................... 1,505
ROCHESTER, Ryan ............................................... 1,242
HOUGHTON, Mick ................................................ 1,221
Telecoms & Financial Services Executive – Santander Representative
Number of eligible voters: 2,952
Votes cast by post: 344
Total number of votes cast: 344
Turnout: 11.7%
Number of votes found to be invalid: 0
Total number of valid votes to be counted: 344
Result (1 to elect)
CORT, Debbie .................................................... 188 Elected
HEATH, Cathryn .................................................. 156
The Election Centre, 33 Clarendon Road, London N8 0NW
Tel: 020 8365 8909 | Fax: 020 8365 8587
www.electoralreform.co.uk | enquiries@electoralreform.co.uk
Electoral Reform Services Limited | Registered No. 2263092 | Registered Office: 33 Clarendon Road, London N8 0NW
Telecoms & Financial Services Executive – Telefonica O2 Representative
Number of eligible voters: 3,379
Votes cast by post: 140
Total number of votes cast: 140
Turnout: 4.1%
Number of votes found to be invalid: 0
Total number of valid votes to be counted: 140
Result (1 to elect)
WALMSLEY, Sandra .............................................. 91 Elected
CASE, Ryan ........................................................ 49
Telecoms & Financial Services Executive – Virgin Media, Fujitsu (Virgin Media Contract),
McNicholas and Comex 2000 (Virgin Media Contract) Representative
UTLEY, Ian ..................................................... Elected Unopposed
Telecoms & Financial Services Executive – BT/Other Companies Representatives
Number of eligible voters: 53,187
Votes cast by post: 5,570
Total number of votes cast: 5,570
Turnout: 10.5%
Number of votes found to be invalid: 101
Total number of valid votes to be counted: 5,469
Result (5 to elect)
FUSSEY, Tracey .................................................. 3,167 Elected
ALBON, Stephen ................................................. 3,047 Elected
WOOLLEY, Ken ................................................... 3,032 Elected
BUCKLEY, Tracy .................................................. 2,987 Elected
COOPER, Tom .................................................... 2,949 Elected
BALLARD, John ................................................... 1,663
RICHARDS, Winston .............................................. 1,406
KEITZ, Linda ...................................................... 1,321
WALDER, Clive ................................................... 1,321
ROCHESTER, Ryan ............................................... 1,024
HOUGHTON, Mick ................................................ 803
FRANCIS, Peter ................................................... 598
The Election Centre, 33 Clarendon Road, London N8 0NW
Tel: 020 8365 8909 | Fax: 020 8365 8587
www.electoralreform.co.uk | enquiries@electoralreform.co.uk
Electoral Reform Services Limited | Registered No. 2263092 | Registered Office: 33 Clarendon Road, London N8 0NW
As Scrutineers appointed in accordance with Section 49 of the Trade Union and Labour
Relations (Consolidation) Act 1992 (as amended), we are satisfied as to each of the matters
specified in subsection 52(2) with regard to the election. The following points should be
noted:
1. The person appointed under section 51A to carry out the storage and counting
of voting papers was Electoral Reform Services Limited.
2. The person appointed under section 51A to carry out the distribution of voting
papers was TUink Limited, 65 Leonard Street, London, EC2A 4QS and we are satisfied
with their performance.
3. A copy of the register of voters (as at the relevant date) was examined in
accordance with section 49(3). The examination took place at our own instance and
did not reveal any matter that should be brought to the attention of the trade union.
We would draw your attention to sections 52(4), 52(5), and 52(6). Section 52(4) requires that
a copy of this report be published and made available to all members of the union within a
three month period from today. This does not, however, mean that every member has to be
notified individually.
Adrian Wilkins
Senior Consultant

Monday 1 July 2013

Royal Mail offer rejected

No. 445/13
Ref: 21003 
Date: 1st July 2013

To: All Branches with Postal Members

Dear Colleague

ROYAL MAIL PAY AND CONDITIONS OFFER - REJECTED
It was reported previously that as the Consultative Ballot concluded, the Union received a three year closed pay and conditions offer from the company. The purpose of this LTB is to confirm the detail of the offer and explain why it has been rejected. 
THE ROYAL MAIL PAY AND CONDITIONS OFFER
1. Pay
Year One (April 1st 2013 to March 31st 2014) - 2.6% basic pay increase + £300 lump sum payable December 2013 (subject to Industrial Action clause) * 
Year Two (April 1st 2014 to March 31st 2015) - 3% basic pay increase (subject to review if inflation is below 2.3% or above 3.3%) *
Year Three (April 1st 2015 to March 31st 2016) - 2.8% basic pay increase (subject to the same review of inflation) *
* All basic pay increases to flow through to Overtime/Scheduled Attendance rates, all allowances including Shift, London Weighting and Scottish Distant Island Allowance.
2. The pay offer is conditional on acceptance of the following:
* Acceptance of the previously rejected pension proposals currently out to consultation.
* Three year protection of existing contracts of employment and some other terms and conditions, alongside a commitment to no outsourcing for the three year duration of the deal.
* The development of an agenda for growth and stability with a commitment to a workplan to take this forward.

CWU Reasons for Rejection
In considering the offer the Executive recognise that in today's climate the pay element will be seen as significant, but the offer must also be viewed as an overall package and in the context of our major concerns over the company's future strategy, pensions, privatisation and end to end competition. Further reasons for rejecting the offer are as follows:
* The pay element in isolation does not meet with the terms of CWU policy and we will be seeking a higher, more straightforward settlement. 
Neither does the pay element address our claim for significantly improved overtime rates and new bonus arrangements. 
As well as a higher basic pay award, the Union will be seeking more certainty in any long-term deal, rather than inflation reopener clauses.
* The linkage to the previously rejected pension proposals is unacceptable. 
* The protection of some terms and conditions included in the offer is a key Union agenda item. However, the protections attached to this offer are neither extensive enough, explicit enough nor adequate in their longevity. Neither are they legally enforceable and would not offer CWU members any protection in the event of a change in ownership.
* An agenda for growth and stability is something the Union has wanted and will support if the conditions are right. However, this offer lacks clarity over the future and is not a substitute for a proper agreement over the company's future parcels strategy.
Next Steps
All in all, although this offer has been rejected, it does demonstrate that the company now appear to be serious about resolving issues that have been on the Union's agenda for some time. 
The Union is committed to further negotiations and a meeting has been arranged with the company later this week. Please ensure the content of this LTB is distributed to all local workplaces.
A further LTB will be issued this week confirming arrangements for a Conference/Policy Forum, alongside a Special Report setting out our next steps. Any enquiries on the above LTB should be addressed to the DGS (P) Department.

Yours sincerely

Dave Ward 
Deputy General Secretary (P)