Our Ref: BR5/8/10
14 June 2018
ALLEGED OVERTIME AND REST DAY WORKING BAN – LNW SOUTH OPERATIONS – NETWORK RAIL
I have received a letter from Network Rail’s Head of Human Relations alleging that RMT members at Birmingham New Street and WMSC are taking unofficial action in the form of an overtime and rest day working ban following the dismissal of a roster clerk. The union has no knowledge of this action and also does not believe there is any hard evidence to confirm this is even the case. However the anti-trade union laws are stacked against us so I must inform you that as the RMT has not instructed you to undertake an overtime or rest day working ban then you are instructed to work normally. This means that, should you wish, you may work rest days and/or Sundays and/or any other overtime.
I am sure you are aware that to take any industrial action we have to hold a ballot, if unofficial action is taken then any subsequent ballot could be ‘tainted’ which would mean we would be unable to have a dispute on this matter.
Please note the following which I am obliged to tell you pursuant to legislative requirements:
Your union has repudiated the call (or calls) for industrial action to which this notice relates and will give no support to unofficial industrial action taken in response to it (or them). If you are dismissed while taking unofficial industrial action, you will have no right to complain of unfair dismissal.
I obviously do not like having to write to you in this way but in order to safeguard the union, you, your colleagues and any future possible dispute, it is better to be safe than sorry.