Our Ref: BR2/0001/VTEC
10th January 2018
Rates of Pay & Conditions of Service 2017 – Virgin Trains East Coast
Referring to my previous correspondence dated 4th January 2018, I have received clarification from our lawyers in regard to our position over your pay increase for 2017.
To briefly summarise, our legal team have stated that they believe we have a case to go to Employment Tribunals on the grounds that the Company have tried to circumnavigate the agreed collective bargaining process by imposing the pay award during negotiations. There is now a precedent in law after a sister union won a Tribunal case against the employer Kostal UK Ltd on 13th December 2017 on similar grounds.
Your National Executive Committee (NEC) has considered the advice and it has instructed me to write to you and your colleagues to advise you to urgently lodge an ET claim on an individual basis. This can be done by completing an L2 form which can be obtained from your local RMT Regional Office, where the staff will assist you in completing this form.
Before your Tribunal claim can be lodged, you are required to first notify ACAS and attempt conciliation. You must do this before submitting your claim or it will be automatically rejected by the Employment Tribunal. 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.
HOWEVER, I MUST IT VERY CLEAR TO YOU THAT IT IS YOUR RESPONSIBILITY TO LODGE A CLAIM WITH ACAS UNDER THE EARLY CONCILIATION SCHEME BEFORE THE DEADLINE DATE 12TH FEBRUARY 2018