Our Ref: BR2/16/3
3rd July 2020
REDUNDANCIES – HEATHROW EXPRESS
Further to my letter dated the 25th June 2020 with regards to the above matter, and where I had advised that a meeting was held with your Union Representatives and HEX management, to hear the company's response to our demands. The union has been in constant discussions with the company and further meetings have taken place.
As you are aware the date of the voluntary redundancy was 30th June 2020, with a confirmed number of 41 individuals who have opted to take voluntary redundancy (VR). Your union has had several meetings with the company in relation to the reorganisation and redundancy, with your representatives discussing the important issues that you and your colleagues are concerned about. During these discussions there were two items of concern for our members taking VR that the company had not addressed these were:
- The company’s refusal to honour a contractual term of our member’s terms and conditions for employment, which provides for the retention of travel benefits following a qualifying period of employment.
- A variant in contracts of employment exists in our Mobile Sales Advisor (MSA) grade, whereby the majority contains a PILON (payment in lieu of notice) clause providing for basic rate calculation for PILON, and a minority of MSA’ has no PILON clause. Where no clause exists, statutory terms apply which would mean PILON should be calculated at average earnings rather than basic rate.
After successful and strong representation from your union on the PILON issue, HEX will now make these PILON payments to our MSA members who do not have a PILON clause in their contracts of employment. This is a victory for those members and demonstrates what a strong and organised union can achieve. RMT continues to demand PILON payments based on average earnings for all those taking VR
However, the issue regarding travel facilities still remains with the company refusing to concede on this issue. The union has since received legal advice, which outlines the potential claim our members may have at an Employment Tribunal. It is our belief that if a member has taken voluntary redundancy they would be entitled to pursue an employment tribunal claim against HEX for a potential breach of contract.
The National Executive Committee has considered this issue and has acknowledged the potential claim our members will have. The NEC has instructed me to support our members in any legal claims they would have against HEX.
Therefore, if you have taken voluntary redundancy you will need to complete a L2 application form for Legal assistance. This form can be found on our website using the following link https://bit.ly/3d3FmbX and should be returned to our Bristol office by email to email@example.com as soon as possible. Due to the current Coronavirus situation we are unable to send out forms in the post at present.
Additionally, the issue surrounding the reorganisation that the company are intending to impose on you and your colleagues is still ongoing. The NEC has instructed me to convene a special branch meeting to allow our members to put directly to their negotiating team any questions, criticisms or comments and also to allow our members to be informed on our dispute. Once this meeting has been arranged I will advise you all accordingly of the time and how to access the meeting.
I trust this keeps you fully advised on the matter and I will, of course, update you on any further developments.