23 January 2012
Dear member,
Woolworths
Employment Tribunal Claim
As you will be aware,
Usdaw has been pursuing an employment tribunal claim against
Woolworths as we believed that they failed to comply with their
legal obligations to consult with us as the recognised Trade Union
over the redundancies which they made.
It has been a long and
difficult process, but we are now delighted to be able to report to
you that for the majority of our members Usdaw's claim has been
successful.
We must also report
however that our delight is tempered by the fact that not all of
our members will benefit from the tribunal judgement.
Unfortunately, those former staff who worked in stores which had
fewer than 20 employees will not receive compensation from this
judgement. However, we intend to appeal against this aspect of the
tribunal's judgement.
If you worked in a
Distribution Centre, Head Office, a store or other location which
had 20 or more employees the following applies to you:
- You have been awarded 60 days' pay following Usdaw's
tribunal claim against Woolworths for failing to consult with us
over the redundancies.
- Woolworths are insolvent with no money to pay this award
to you. The payment will therefore be made from State funds through
the Redundancy Payments Office (RPO).
- The payments are capped at £330 per week and deductions
will be made for any previous payments you received in respect of
unpaid wages from the RPO. There may also be deductions in respect
of certain State benefits received within the period of the 60 days
following your dismissal by reason of redundancy.
- We cannot say at this stage when the RPO will be in a
position to make the payment to you. This is a massive exercise for
them to administer, but they will write to you in due course with
further information in this regard.
- For the moment you do not have to take any action, simply
wait for the RPO to write to you. We anticipate this will take
several weeks.
- If you have changed your address since being made
redundant you need to inform the Union and the RPO. The Union can
be contacted at the above number and the RPO can be contacted
on
0845 602 9848.
If you worked in a store
or other location which had fewer than 20 employees the following
applies to you:
- Sadly you will not benefit from the employment tribunal
judgement and you will not receive any payment from the
RPO.
- The reason for this is that the employment tribunal took
the view that as the relevant law currently stands, employers are
not under any duty to consult the recognised Trade Union over
redundancies where there are fewer than 20 employees at that
particular establishment. They have therefore regarded each
individual store or location as a separate establishment in this
regard.
- As your Trade Union, Usdaw regard this interpretation as
both unfair and wrong and we intend to appeal against this aspect
of the tribunal's judgement.
- An appeal will therefore be made to the Employment Appeal
Tribunal by Usdaw. You do not have to take any steps in this
regard.
- Unfortunately, the appeals process is a lengthy one and
can take up to a year, with no guarantee of success. We will keep
you informed of any significant events concerning the
appeal.
Summary
For those of our members
who will not receive an award, Usdaw has the utmost sympathy and
will continue to battle on your behalf with an appeal to the
Employment Appeal Tribunal in London.
For those of our members
who are eligible to receive an award, Usdaw is delighted for you as
it has made the battle over the last few years worthwhile.
Further information can
be found on the Usdaw website, along with some information from the
Redundancy Payments Office and a link to their website which may
assist you with any further queries. You can also email the RPO on
wpa@insolvency.gsi.gov.uk for
more assistance.
We hope that for all of
our Woolworths members the action taken by Usdaw in fighting this
case and in continuing to do so with an appeal will convince you of
the benefits of remaining a member of this Union.
Yours sincerely
JOHN GORLE,
National Officer
IRENE RADIGAN,
National Officer