Our Ref BR2/0001

4th April 2019


Dear Colleagues


Many of you are involved in the employment tribunal litigation the union is pursuing against your employer and if you are, you will shortly be receiving a letter from our solicitors.

As you are aware the union is currently pursuing two claims against your employer.

The first claim centres on the decision by your employer to impose a pay offer on 13th November 2017 which had not been collectively agreed by your trade union. In this claim we are seeking to argue that the decision to impose the pay award is in breach of section 145B of the Trade Union and Labour Relations (Consolidation) Act 1992 TULRCA.

As things stand this claim will be proceeding to the Employment Tribunal and is listed between 1st and 12th July 2019.

The second claim that a smaller number of you are pursuing was an additional claim based on an argument that the on-going failure to afford you a pay award that you originally opted out of receiving, once it had been agreed by your trade union, was unlawful. In particular, you were contending that the decision to continue to deny you a pay award which had been agreed by your trade union was in breach of section 146 of the Trade Union and Labour Relations (Consolidation) Act 1992.

If this claim succeeded you would potentially be entitled to the loss of earnings from when the pay award was made to your colleagues to the date of the claim.

However in the course of this claim the employer has now agreed to pay you the pay increase and back-date it to the point in time those that did not opt-out of the pay award received it. On this basis the employer has compensated you for the amount of money that you would have received if your claim succeeded at the Employment Tribunal and you will not be able to show you have suffered any loss. Our solicitors therefore do not believe a Tribunal would now award you any compensation for this claim and it is no longer viable. On this basis they are going to write to you to ask you to withdraw this claim. The Union agrees with this course of action as there is no point continuing with a claim for which you have already received the money you may potentially have been awarded had it succeeded at hearing. It is important to note that the £3,907 that is potentially available to members in the first claim if they succeed is not available in the second claim as the second claim is not being brought under section 145B TULRCA.

For the avoidance of doubt this decision has no bearing on the first claim. Many of you are only in the first claim and if you receive a letter from our solicitors this will simply be to provide you with a short update.

Yours sincerely

Mick Cash
General Secretary