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LTB 175/23 - LORD FALCONER INDEPENDENT REVIEW (APPENDIX 7) AND EMPLOYMENT TRIBUNAL ‘STAYS’

No. 175/23


7th July 2023


Dear Colleagues,


LORD FALCONER INDEPENDENT REVIEW (APPENDIX 7) AND EMPLOYMENT TRIBUNAL ‘STAYS’


Branches and representatives will be aware the nationally agreed Terms of Reference for the Independent Review by Lord Falconer (Business Recovery, Transformation & Growth Agreement – Appendix 7), is clear that employees still retain the right to go to an Employment Tribunal (ET) even though a consent form has been signed for inclusion in the review. Currently, c.200 members and Representatives have submitted consent forms for the review, and a number of these cases also have live ET claims.


RMG initially agreed as a result of the review that where a consent form had been submitted and an ET was pending, this would be “stayed” with the Independent Review being treated as the priority. As a result, RMG’s solicitors, Weightmans, started notifying tribunals that these cases should be “stayed” (postponed), until the Independent Review was concluded.


Clearly there was a logic to this position which we supported. However, within a short space of time, Weightmans started to reverse this position and sent further e-mails to inform members and Representatives that the “stays” on such cases had now been withdrawn.


Their argument for adopting this position was the delay in the union instigating the ballot.


We wrote to Zareena Brown, Chief People Officer, on 20th June 2023 to oppose the withdrawal of the “stayed” position and received a response on 27th July from Matt Newman, Chief Legal Officer, stating:


“I agree with you. In cases where the Independent Review may impact a tribunal case, and the hearing is currently listed within the next 4 months (which should be more than enough time for the Independent Review to conclude) a stay will be appropriate”.


On 28th June we replied, agreeing that those ET cases listed before 31st October 2023 where the claimant had submitted a consent form for inclusion in the Independent Review should be stayed. Obviously this position does not apply to any cases where a member has chosen not to enter the Review.


A meeting with Lord Falconer and his team, as well as RMG will be held on Friday 14th July 2023, to discuss how the review will be taken forward. Thereafter, an update will be provided to the Postal Executive and appropriate communications will follow.


We hope this information will help Branches and Representatives to answer any enquiries received in relation to this matter.


If further advice is required please e-mail independent-review@cwu.org;


Yours sincerely, Yours sincerely,

Andy Furey Dave Ward A/Deputy General Secretary (Postal) General Secretary


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