RMT To Take Legal Advice On Whether Brother Petrit Mihaj's Employment Tribunal Success Against Sodexo Can be Used To Benefit Other Workers
"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.
We therefore believe that the judgment in Mihaj vs Sodexo may be very useful for members in other companies, and instruct the General Secretary to obtain legal advice on how we might use this judgment to press employers into using discretion to the benefit of our members. This advice is to be placed in front of us.
We further instruct the General Secretary to
- continue to offer full support to Brother Mihaj as our representative on this contract
- obtain an up-to-date report on our organising efforts and application for recognition on
Sodexo and place it in front of us
- advise Sodexo that we wish to discuss pay and Olympics working
- open a new file, INDUSTRIAL RELATIONS, SODEXO (LT CONTRACT), to deal
with our efforts to achieve recognition and to win improvements in pay and conditions.
London Transport Regional Council and branches to be advised.