3 May 2016
Southern GTR members
SOUTHERN MANAGEMENT ACTING ILLEGALLY ON PAY AND PASSES
SOUTHERN MANAGEMENT ACTING ILLEGALLY BY BULLYING AND HARASSING STAFF
SOUTHERN MANAGEMENT ACTING ILLEGALLY BY BREACHING THEIR FRANCHISE AGREEMENT
Pay and Passes
I am writing to let you know what the union is doing in respect of the disgusting way you are being treated by this company.
I have written to Southern and advised them that I require their calculations for showing how the actions of EACH individual employee in taking industrial action has caused them a loss of £268. I have also told Southern that any decision to deduct money on the basis they are putting forward, or indeed to withdraw travel passes is also in contravention of Article 11 of the European Convention. The reason for this is that it is illegal to subject members to these detriments when they are taking lawful industrial action. I have made it clear that the union will use all means available to challenge them on this disgraceful action they are taking.
Bullying and Harassment of Members
The union has been advised by many members that they are being bullied and victimised by management. We obviously know this to be true because we have seen the letters they have sent you. We have seen the pressure you have been put under to fill in forms agreeing to work. We know you are being harassed and bullied because your passes and car parking facilities have been removed – all other staff have retained theirs. We know that many of you have had one-to-ones with managers and that you have felt intimidated and bullied. We have written evidence from members telling us they are under extreme stress as a result of this bullying and harassment. Bullying and Harassment is illegal. I have written to Charles Horton putting him and Southern on notice that they are in breach of the Health and Safety at Work Act and that I have written to the ORR (Office of Rail Regulator) and the DfT (Department for Transport) requesting they look into these serious breaches of legislation.
Breaching their Franchise Agreement
Part of Southern’s Franchise Agreement with the DfT states:-
Part 1 to Schedule 6.1 List of Committed Obligations
The Franchisee shall:
. (a) on or before 30 September 2015 establish and implement strategies to:
. (i) create healthy, positive working environments that optimise the attractiveness of roles and increase the wellbeing of Franchise Employees; and _
. (ii) minimise absenteeism and sickness leave of Franchise Employees;
Well obviously the working environment that Southern created is far from positive and they certainly isn’t increasing the wellbeing of their employees. To say they are breaching their Franchise is an understatement.
So you can see we have asked our Solicitors and Counsel to challenge these illegal practices that Southern are employing. I will keep you advised of developments on these very important issues.