ADVICE AND ASSISTANCE FOR MEMBERS IN SUBMITTING EMPLOYMENT TRIBUNAL TRIBUNAL CLAIM – ALL APPLICATIONS TO BE SUBMITTED BY 12TH FEBRUARY 2018 AT THE LATEST
Rates of Pay & Conditions of Service 2017 – Virgin Trains East Coast
Further to my correspondence of yesterday’s date there have been a number of questions raised and I would like to clarify the position. Firstly due to the way the law works members will have to make individual claims in order that the union can pursue the claims. This is a huge inconvenience for members for which we apologise but there is not a lot we can do about that.
If you wish to challenge the company and want the support of the union to do so then there are two urgent steps you will need to take.
1. ACAS NOTIFICATION
You will need to lodge your claim with ACAS. It is your responsibility to do so. A notification form can be completed on the ACAS website which can be found using the following link https://ec.acas.org.uk alternatively you can contact ACAS by phone on 0300 123 1100.
For online applications you click the link headed ‘Individuals’ at the bottom of the page. On the page you are taken to you then click on ‘Individual Claimant Notification Form’ again at the bottom of the page.
You will be asked questions under sections A & B
‘Your name and contact details’ - please give your details
‘Your representative details’ - please put in the following information:-
Representative contact name – Mick Cash
Representative organisation name – RMT
Address – RMT, 39 Chalton Street, London NW1 1JD
Main contact number – 020 7387 4771
Email – firstname.lastname@example.org
The relevant employer person or organisation - please put in the following information:-
Employer Name – East Coast Main Line Company Limited, East Coast House, 25 Skeldergate, York YO1 6DH. Leave telephone number blank. If you have already submitted an application please make sure that the above Employer name and address has been used – if not please re-submit. But you will be unable to rely upon any extension of time based upon the second ACAS Early Conciliation application.
‘Your employment’ - please complete questions 1 2 & 3
Question 4 ‘On what date did the event you intend to make a claim take place’ please put in the following date – 13/11/2017
Do you know if others are making complaints – Please state YES
‘How should we get In touch with you?’ – please give the following information – email@example.com
Press ‘submit my request’
2. UNION REPRESENTATION
RMT L2 Form – Application for Legal Assistance
For the union to be able to represent you need to complete an L2 form which is an application for Legal Assistance. Please note that these should have ‘Amended Sept 2017’ in the top right hand corner – older copies are not acceptable. Because of data protection issues and the requirement to have individual’s authority every member who wishes to be included in the claim must submit an L2. The forms are available from our regional offices, Glasgow, Doncaster, South Shields and London. Alternatively, and probably easier, you can download a copy at https://www.rmt.org.uk/news/publications/l2-form-june14/?preview=true Once you have completed this form please return it to:-
RMT (Membership Department - VTEC Claim)
39 Chalton Street
You do not need to go into a great deal of detail as we have the requisite accompanying documentation already. Please state that the claim relates to ‘Rates of Pay & Conditions of Service 2017 – Virgin East Coast Trains’ under section 145B Trade Union and Labour Relations (Consolidation) Act 1992. Once your membership has been confirmed you will be automatically added to the claim.
Once you have obtained an L2 form from your regional office or online please complete this and return it to the same office as soon as possible. You do not need to go into a great deal of detail as we have the requisite accompanying documentation already.
Despite some members being advised by ACAS that they need to submit an individual grievance I can assure you that this is NOT the case. If advised to do so please state that this is part of a multiple claim. There is no requirement to lodge a Grievance. There is a need to register the matter with ACAS for conciliation to protect limitation. Should you face resistance from ACAS please notify your Regional Officer immediately. Please forward the ACAS Early Conciliation Certificate to Mick Cash, General Secretary RMT (Membership Department - VTEC Claim) 39 Chalton Street London NW1 1JD as a matter of urgency.
Date of Commencement of Claim
The time limit of 3 months less a day to lodge a claim with ACAS runs from 13th November 2017 and will expire on 12th February 2018.
Closing Date for Claims
The very last date for a multiple claim at the Employment Tribunal to be submitted is 12th February 2018.
Therefore if you wish to be included in the multiple claim that the RMT intends to support please return your L2 and Early Conciliation Certificate (if issued) by 12th February 2018. This will allow time for your application for legal assistance to be processed and solicitors to be instructed to submit the Employment Tribunal claim.
Claims will be deemed out of time by a subsequent tribunal if they are not notified to ACAS within the above time frame; they will be too late if you leave it until the extended limitation period granted by ACAS certificate. So the deadline for all claims is on or before 12th February 2018.
ANY L2 SUBMITTED AFTER 12th FEBRUARY 2018 THIS DATE WILL NOT BE INCLUDED IN ANY APPLICATION.
Please give this matter your immediate attention if you wish to be included in the claim.