Our Ref BR2/9/8
18th May 2018
TO ALL GTR SOUTHERN CONDUCTOR AND OBS (EX CONDUCTOR) MEMBERS
CALCULATION OF HOLIDAY PAY – GOVIA THAMESLINK RAILWAY
I write in relation to the GTR Holiday Pay agreement and the company’s spiteful decision to refuse backpay to those members who have been part of the DOO dispute on Southern. Each of you will shortly receive a letter in the post from us which will enclose an Application for Legal Assistance form (L2).
We are asking members to complete this form to be part of a collective legal claim we will be submitting against GTR for their denial of the backpay entitlement from members due to their involvement in a legal industrial dispute. The deadline for returning these forms is 1st June 2018 so please deal with this matter as soon as you receive our correspondence.
NB: Please note that an Employment Tribunal claim has already been lodged by Brother Chris Rodway for himself and approximately 50 members within his area. If you are already part of this claim then you do not need to complete the L2 form. For legal reasons these claims must stay separate. Once we have a confirmed list of claimants we will then apply to the Tribunal to have the two claims merged.
In addition to the wider legal case, we have sought advice on the Pro forma GTR were trying to get members to sign. By signing this pro forma a member would agree not to take further industrial action in the DOO dispute in return for receiving their currently withheld backpay entitlement under the holiday pay. In the event that a member decided to break this agreement and took industrial action, the document states GTR would reclaim the money through payroll.
The advice we have received confirms that if any member was to sign the document they would effectively be agreeing to an alteration of their contract of employment. However this document does not prevent any member from exercising their legal right to take industrial action, albeit if they were to take action GTR would reclaim the backpay. Our advice to members is that they should not sign this form in the first place.
I urge all affected members to sign up to this claim and will keep you informed of developments.