Action Plan For Proposed Legal Changes To Employment And Personal Injury Cases

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.

  1. The General Secretary explains to the Annual General Meeting what these changes mean for our members both legally and financially.

  2. That the Council of Executives adopt the position that this Union pays for witness expenses where the Union runs the case.

  3. That the Council of Executive adopts the position that where the Union runs the case the Union pays the fee.

  4. For the initial fee put in by the member. The member will submit this but if the Union runs the case we will reimburse it.

  5. When the member gets the hearing date the Union pays the fee if the Union is supporting the case.

  6. If the member is successful at a Tribunal, and if the Tribunal awards the fees back to the member these will be reimbursed to the Union.

  7. That we refer to the Publicity and Propaganda Sub (P&P) all propaganda to go to members which could include ideas that the Credit Union might want to adopt.

  8. Consultation will take place amongst all areas of the Union on how we will fund these activities which could raise the money (approximately £1,000,000. extra per year). Ideas which could be considered to raise these extra funds, which are not exhaustive, are for example, raising contributions; cutting costs; substantially increasing the membership or a mixture of all of them.

    "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." -Bob Crow

  9. The Council of Executive to meet every month until further notice, to discuss this issue until a view of getting a clear strategy at the September Statutory 2012 meeting.

  10. The General Secretary is also to bring proposals to the Council of Executives on the merits and demerits of (ABS) Alternative Business Structure.

It has come to our attention that certain Tribunals are trying to encourage members’ to have their cases heard by a Judge sitting alone; thus deterring the case being heard by a Judge with the assistance of lay wing members. This usually happens on setting the case down for hearing and often before the papers can be considered by our Solicitors. Members receive a phone call from the Tribunal asking if they agree to their case being heard by a single Judge or if they would prefer a full Tribunal panel.

This Union opposes the abolition of lay wing members and we must ensure that our members when telephoned always request that their case is heard by a full panel of the Tribunal.

Our Legal Department upon receipt of L2 forms will write to members advising them that should they receive a call from the Tribunal they should request a full Tribunal to hear their case and not agree to their case being heard by a Judge sitting alone.

This Union remains committed to vigorously campaigning against the proposed changes and standing up for workers rights.