ROLE OF THE GUARD & EXTENSION OF DOO – SOUTHERN (GTR)

Our Ref: BR2/0146

9th November 2016

Dear Colleague,

ROLE OF THE GUARD & EXTENSION OF DOO – SOUTHERN (GTR)

NON-PAYMENT OF HOLIDAY PAY

I write further to my letters dated 2nd November and 3rd November 2016, in which I informed you of the company’s appalling and spiteful treatment of you and your colleagues by refusing to honour the agreed backdated holiday pay.

As you are aware the National Executive Committee expressed their disgust at the company’s decision to withhold payment of backdated holiday pay from workers who have participated in lawful industrial action. This is a complete contrast to the fact the company had previously agreed that they would be paying all conductors outstanding holiday pay in the November pay run and had made no reference to withholding the payment from anyone. The NEC instruction was to seek urgent legal advice on this important issue. I have since received advice from our legal department who believe that there is a case for the union to challenge the company on these issues.

The company will be informed that following legal advice the union believes that any decision to withhold payment for outstanding holiday pay from any conductor is in breach of legislation. We will also inform the company that we now expect these payments to be made to you and your colleagues with immediate effect.

I will be setting a deadline for the company to respond and if the company continue to deny our members the agreed payments then claims will be placed into Early Conciliation and Employment Tribunal proceedings will be lodged with immediate effect.

Once again I would like to congratulate you and your colleagues for continued solidarity and determination in this long running dispute. As previously mentioned we will not allow the company to bully our members and we will do everything possible to defend you and your colleagues and ensure that the safety critical role of the guard is not undermined. I will of course keep you all fully informed and when further information comes available I will endeavour to inform you and your colleagues as soon as possible.

STAND FIRM
SUPPORT THE STRIKES
SUPPORT YOUR COLLEAGUES

Yours sincerely
 
Mick Cash
General Secretary