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Old 25th Jan 2007, 12:23
  #206 (permalink)  
blackace
 
Join Date: Jan 2007
Location: Milton Keynes
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Not really my business but if I can be allowed to make a comment it might be useful for some of you to know.

Just a comment from one who has been involved in a few industrial disputes from both sides.

Sacking staff is not the preferred option of most management. It escalates the dispute and alienates the management in the eyes of the public.

If a dispute continues to the point of bringing in temporary labour (The management have every right to do this), the situation takes a turn for the worse as far as the strikers are concerned.

Mostly striking staff are informed upon returning that due to losses during the strike action their jobs are no longer available, in other words they are to be made redundant. This effectively terminates legally any existing contract of employment. By law you must be told this prior to actually being made redundant (normally about 2 weeks notice but can vary greatly).

Prior to actually issuing redundancy notices staff are then offered alternative employment with the same company, but the terms and conditions of the new contract reflect what the management wanted in the first place. The job can even be the same but the job description must be different (a simple rewording of your job description and perfectly legal).

Employees then face either signing the new contract and agreeing to abide by the new terms and conditions, or refusing to sign and accepting the redundancy.

Here is the nasty bit. Because you have refused to accept an alternative offer of employment from the same employer you are said to be resigning yourself, in that case the company has no legal obligation to pay you any compensation and you are not even entitled to redundancy pay. You must work your normal notice period as if you were resigning normally.

Many industrial disputes large and small end up going down this road and almost all management know its a card they hold up their sleeve.

That is the reason most unions will not strike for more than a day at a time, it prevents the company installing temporary staff.

I wish you all luck in your dispute, but I also cannot think of one dispute that has resulted in the unions actually winning in the end after extended strike action. the days of powerful unions are long gone.

Just listen to the Miners, Wapping Print workers, Rover. all have gone down this road and the management eventually pulled this card from their sleeve.

I hope you don't mind me commenting and I hope the information above is of some use.
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