Monday, July 29, 2013

Action for Rail Day

Dear Branch members

To advise that the Waterloo Branch along with Feltham 1 Branch have co-ordinated a date to leaflet the members of public following the announcement of the fare increase for 2014, 

The RMT are keen to engage with the general public in light of the important campaign of National Action for Rail Day, if any Branch members/activists are available on the date below to assist us in this important campaign can you please let myself  know by using the contact details below or John Donovan (Feltham Branch Secretary) 

To advise that National Officers from the RMT will also be in attendance at this important event 

The location and time and date of this activity is as follows:

location Waterloo Station please meet at exit 5 which is located opposite the old Euro Star terminal 

Please meet at 07-45 am at the above location




Rickey Goodman

TUPE Update

 Circular No: NP/ 200/13

Our Ref: LA/ 29 /13


29th July 2013


To: Branches, Regional Councils & Regional Offices


Dear Colleague,



Yet another kick in the teeth for Trade Unions comes again from Europe, in a in a case which it had been hoped would change TUPE law in favour of employees. Alemo-Herron vs. Parkwood Leisure was a landmark case with serious implications, particularly for workers being transferred from the public sector to private sector companies.

The case was brought almost three years ago after Parkwood Leisure refused to pay its workers an increase in line with a collective agreement the employees understood to have been transferred as part of their protections under TUPE Regulations.

However, the European Court of Justice (ECJ) on18 July 2013) ruled that industry or sector-wide collective agreements that are incorporated into the contracts of employees should not be protected during a transfer.

The contracts of Parkwood Leisure employees stated that their wages should rise "from time to time" according to collective bargaining agreements, but the Court ruled that such "dynamic" agreements do not need to be adhered to after a transfer has taken place.

However, the collectively-agreed pay rate of workers at the time of their transfer continues to be protected under TUPE regulations.

The decision is a very disappointing one for the trade unionmovement, the ECJ has shifted the traditional interpretation of TUPE as a set of legislation to protect workers, to concentrate on therights of bosses instead.

Yours sincerely

Bob Crow

General Secretary



Thursday, July 18, 2013







Circular No MF/72/13



Our Ref:  FIN/051


18th July 2013



Dear colleague




In accordance with Council Executives’ Decision No. CEww, June 2013, an item regarding the Finances of the Union was placed before the 2013 Annual General Meeting.


Arising from the adoption of Item No 73 at the 2013 Annual General Meeting, it is necessary to open up a consultation process amongst all Branches and Regional Councils regarding a progressive contributory subscription rate which can be based on member’s pay.


The position that a member on low pay has to pay the Full Rate and then claim a rebate is to be ended, which will be put into place on a temporary basis, until the full consultation on subscriptions amongst the membership has been carried out. Any member who is on a basic rate of pay of less than £20,000.00 (inclusive of London Weighting, where applicable) will pay £1.25 per week from January 1st 2014. There will be an increase on the levy of every member who earns above £20,000.00 per year, at the amount of 6 pence per week,which will then be transferred into the new Legal Fund.


I should therefore be grateful if you would give this matter your consideration and submit your initial views and suggestions to me by 1st December 2013.


Yours sincerely


Bob Crow

General Secretary

Wednesday, July 17, 2013

Fees in Employment Tribunals

Circular No NP/182/13

To All Branches, Regional Offices & Regional Councils

Our Ref: LA/28/13

17th July 2013


Dear Colleagues,


Fees in Employment Tribunals

I have previously advised on the Union’s opposition to the imposition of fees in employment tribunals (see Circular NP/244/12). Unfortunately the fees are now a reality.

Fees will be payable in all employment tribunal claims fromMonday 29th July 2013The Union advises therefore that all current claims which have not been issued should be issuedbefore this date so as to avoid the requirement to pay the fee. Thereafter all Tribunal applications must be accompanied by a fee depending upon the level and whether the application is for a single member or in a group.

Type A Claims - the issue fee is £160 (wages claims; payment in lieu; redundancy payments and refusal for time off for ante natal claims);

Type B Claims the issue fee is £250 (unfair dismissal claims; discrimination claims; equal pay; whistle blowing claims).

There are separate fees for multiple claims which are complicated. Guidance and training will be provided by our Legal Department to all Officers and Union Reps in due course.

If members apply online the system will tell them the correct level of fee.

If member is claiming for more than one type of claim, then only one fee is payable but it is for the higher level; so for example, a claim for unfair dismissal and wages in lieu, the fee would be £250.

The fee must be paid when either the member or the Union submits the claim online or when posted. Payment for claims online will be made by a credit or debit card and by post with acheque or postal order. No cash payments can be made.

The fee or application for remission (see below) should be sentat the same time as the claim form. Failure to do so will result in the claim being rejected. The form and the fee must be sent within the time limit (usually 3 months less one day) for claims. The claim will not be accepted by the Tribunal if the fee is sent outside the time limit.  This will lead to the claim not beingprocessed and probably struck out.

Remission scheme

A system of fee waivers and reductions known as “remission system” is available for those who cannot afford to pay a fee.

Although this Union will pay all fees where our legal team has said that there is a reasonable case, we are asking all members to automatically apply for a remission so as to reduce the amount we have to pay.  It will also create work for a system that we believe will be unable to cope with the applications. Therefore we are asking every member to complete application formT438A which is the claim form for a remission.

There are 3 types of remissions or rebates that are available.

Remission 1: no fee payable if member receives means tested benefits (e.g. job seekers allowance; income support; working tax credit; pension credit; Scottish Civil Legal Aid)

Remission 2: no fee is payable if members gross annual incomebefore tax and other deductions or that of their partner is below the following thresholds:

No children: Single £13,000.  Couple £18,000

1 child         : Single £15,930.  Couple £20,930

2 children    : Single £18,860. Couple £23,860

3 children    : Single £21,790. Couple £26,790

4 children    : Single £24,720. Couple £29,720

Remission 3: the fee payable will be reduced in full or part based on the money member receives and the money they are allowed to claim as spent money each month (i.e. theirdisposable monthly income). So for example, if the members disposable monthly income is £50 to £59 per month their contribution will be £12.50; if £100 to £109 it would be £25.00 contribution.

The member will need to send separately documents of their expenditure and outgoings.  The applications will not be considered without the documents. The Tribunal service hasindicated that they will process the applications within 5 working days. Emergency applications will be done sooner.

Once the application for a remission has been processed or the fee paid the tribunal will process the papers for the case. The case will not be processed until the fee is received or the remission granted.

If financial circumstances change during the case then this can affect future remissions.  Therefore if income goes down then it may be worthwhile applying again for a remission at a later stage.

Our Union Legal Team and our Officers are here to help you through this process. The important thing to consider is that our members should not delay in seeking legal assistance from us; the earlier they seek assistance the better are we are to assist them through the process. Remember if we get the Application forms in for  Legal assistance and papers  in good time and our Solicitor have advised that we have a reasonable case the Union will pay the fee for the member.

New L1 and L2 Forms will shortly be distributed.

We shall also provide training shortly to all Officers and Branch Secretary and Reps in the procedures involved.

Bob Crow

General Secretary




Network Rail Occupational Health Provision-Wessex Route






Our Ref: HSR/1/19

Head Office Circular: NP/180/13

16th July 2013

The Secretary




Dear Colleague




Further to Head Office Circular NP/121/13 the General Grades Committee have noted and adopted the following report:


“We note the offer on consultation from the company on this matter and previous legal advice on a similar case. We instruct the General Secretary to inform the company that we will take up meaningful consultation on this matter. Our representatives to seek re-assurance on the level of service, data protection and transfer of information and what arrangements are in place to ensure that, if the Alliance was to end, the information that SWT and its employees have to hand would not present a detriment to our members in the future.


Branches and Regional Councils to be informed”.


I am acting in accordance with these instructions and willkeep you informed of developments with this case.


Please bring the contents of this circular to the attention of relevant members.


Yours sincerely


Bob Crow

General Secretary