Your legal rights

Justice has prevailed in the case of RMT member William Etchells who has succeeded in his claim for unfair dismissal against Churchill Cleaning Services Limited – contractors on the Tyne and Wear Metro.

According to the TUC, the Swedish Derogation is: “an option written into the EU Temporary Agency Work Directive that allows member States to insert a provision into their transposing legislation that says that where an agency worker is directly employed by an agency they are not protected by the equal treatment provisions in the Directive. The UK Regulations, which come into force in October, make use of the “Swedish” derogation.

"We...believe that the judgment in Mihaj vs Sodexo may be very useful for members in other companies"

We note with concern the correspondence advising that Brother Mihaj had not received the payment ordered by the Employment Tribunal within the required timescale, but note that he has now received the payment.

We further note that Brother Mihaj was successful in his Employment Tribunal application on the grounds that his employer did not use discretion in his case despite the contract of employment stating that discretion applied. We note that many employers routinely act in a similar fashion, for example refusing payments or applying disciplinary sanctions without exercising the discretion the contract or policy includes.

From RMT General Secretary Bob Crow

I refer to my Circulars Nos 095 and 076. 2012 notifying you of the proposed Legal changes in Employment and Personal Injury cases.

Your Council of Executives have begun to consider the impact of these changes upon this Union; in fact we are probably the first Union to involve and inform our members.

These changes are without a doubt massive Con/Dem attacks on employment laws for workers. At our June 2012 Statutory Meeting your Council of Executives approved and adopted the following Action Plan.

Transport union RMT today slammed leaked reports that venture capitalist, Tory-funder and Cameron oppo Adrian Beecroft is preparing to publish a study recommending a full-frontal attack on workplace rights.

Beecroft, who has funded the Tories to the tune of a half a million pounds, has been set up by Cameron to be his out-rider for attacking worker’s rights in the same way that McNulty was tasked with doing a similar number on the railways.

From RMT London Transport Region Executive Janine Booth

INDUSTRIAL ACTION

• LU service control – decision today
• Cubic – ballot re pay (2.5%)/Olympics
• Cleaners – Initial/ISS
• Tube Lines – this week’s action – BW report
• Thales – ballot put on today
• Telent/Quinns – ballot decided, still being prepared
• TfL Olympics – ballot decided, still being prepared
• Time taken to prepare ballots – verbal report given

RMT Taxi Branch commends tfl for swift response to block Addison Lee for drivers from using bus lanes.

The RMT will continue to investigate the working practices of this company, the employment status of the drivers who we believe are employees under UK Law and bring such information to the relevant authorities for enforcement action.

From General Secretary Bob Crow

The following changes to Employment Tribunal procedure came into effect on the 6th April 2012.

• From 1st April increases in Statutory Maternity,Paternity,Additional Paternity, Adoption Pay and Maternity Allowance from £128.73 to £135.45 per week.
• Increase in the qualifying period required to bring a claim for Unfair Dismissal or Request a written statement of reasons from 1 to 2 years.

Attached is LUL's 'Refusal To Work On The Grounds Of Health And Safety' Document

You may find it useful to read, should you be concerned about carrying out a job or particular task, and want to know the procedure for refusing to work on safety grounds.

What is Rainbow, how is it being implemented and what does it mean for our members?

Management are taking action against our members where the following arbitrary ‘triggers’ are reached.

• 10 items or more of sickness in the last three years
• 100 days absence in 3 years