Minutes of Stage 2 Consortium Meeting - GMB Yorkshire and North ...

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JS said that was what he did before but AH had a bereavement in hisfamily and he said he would pick it up but that never happened. PD saidthat the Consortium was at the meeting to try and sort out properrepresentation so union members can benefit from decent representationwith the new companies that come. The Company had seen it forthemselves. The Barrow buyer was going to cut every single benefit untilthe Unions threatened legal action. The Company’s first job was tomitigate job losses by looking at vacancies elsewhere in the business – ESand Birmingham, Derby, Coventry. The Unions needed to represent thosesites too. The Unions needed to know who was going to do that. Theemployment of TG was for the Company to undertake because he was theCompany’s employee. JC said she had explained that was difficult. PD saidthat JS was the Company’s employee and he needed to be released fulltime. JC said that when JS had any problems in the future he needed to letAH know. AH said that JS needed to let Richard Williams know. JCrepeated that JS needed to let Richard Williams know. KH stated thatwhen Banbury closed the Company released Louise Parry and then withinweeks of redundancy took her back on. The Company would do it for oneof their people but not for the shop floor. Susan Black in Scotland wasanother case. JC said that she was not disputing that it had been donewith Louise Parry. KH asked what the difference was because theCompany had done it three times that he knew of. In fact one person gottaken back on, got made permanent again and got redundancy again. JStsaid that had been David Shaw. KH said that it smelt of discrimination onthe grounds of union activities. The Unions had so many examples of that.JC said that the information about David Shaw and Susan Black was helpfulinformation because she had not been aware of that information. It wouldnow be considered. JC stated that she was not prepared to give the Unionsan answer now, she needed to consider the information they had givenher, she needed to talk to TG and she needed to take legal advice. PDasked why JC needed to take advice. JC replied by asking PD how manyTribunals the Company had. PD said that there were 700 from GMB, 600from Unite. JC said that was why the Company needed to take legaladvice. PD said that no doubt the Company would get more. AH addedthat was why the Company had to look at the additional information it hadbeen given. PD said that the tribunals were unfair dismissals in the mainbecause the Company did not apply voluntary redundancy. KH added thatthe Company also did not apply previous voluntary redundancy termsfrom 2008 and 2011.3.10 PD asked if it could be agreed that there was a deputy convenor position.JC confirmed there was. PD asked was it the Unions’ job to put a name inthe box. JC confirmed it was. PD said that TG had been made redundantwithout being told the money had been put in the bank without himknowing. TG had offered to pay it back, he had said he would come backwithout it setting any precedent. JC said that the Company would notmake an arbitrary decision without taking advice. GW said that to be fairto TG, comments had been made about potential claims he could haveand his reinstatement would completely remove the basis for that claimand GW thought that TG would argue in the circumstances that as anemployer you would be acting reasonably to maintain him in that roleMinutes of stage 2 Consortium meeting 1 191212 amended final issued 250113 Page 22 of 26
which would absolve the Company’s duty under Polkey. TG was potentiallyyet another claim on a different and more serious basis and the Companyhad an opportunity to avoid that. GW said he had made the point earlierthat it would be in the interests of good industrial relations and it wouldgive the best possible chance of a positive outcome for the employeesaffected. It would make it very difficult for the TU if this hurdle can’t begot over. JN stated that the Unions had made all the arguments prior tothe adjournment. Was JC saying that the Company would not make adecision on 19 December. JC replied that for the record, what she wassaying was that the Company was considering the Unions’ proposal. Theonly thing the Company needed to consider was TG. Everything else wasconfirmed. There was one important consideration which was that JCthought TG’s situation should not be discussed in an open environment.PD said the Unions were happy to do so because it was completelytransparent. The Unions were all agreed that TG should come back and heshould never have been made redundant because he was the deputyconvenor. PD stated that he did not know why JC h ad gone back. TheUnions needed to know what the make-up of the Consortium would be. JCsaid she had assumed that that there would be three union officers andthey would be JN, KH and GW. JN confirmed that, adding that he wouldbecome the Consortium secretary and KH would remain as the Chair. Itwas only TG’s position that remains to be resolved. JN asked JC when shewould you come back to the Unions. JC said it would be as soon aspossible and would JN be around on Monday. JN said he would not but JCcould telephone him. PD said that the Consortium should not slip up, theyshould get a date in the diary for the consultation in January.3.11 KH said that he also understood a date was needed for a stage 5 collectivegrievance for Leeds. JC said that it was not a grievance, it was an appealagainst redundancy. TG said that it was going to be stage 2 but at the lastcollective consultation meeting in London it had been agreed it would bestage 5. JC said that she hadn’t been aware of the circumstances at themeeting and when she got back to the office she was given more details.TG asked where it sat if it is not a grievance. JC said that her understandingwas that it was an appeal against redundancy. TG said that he believed itwas a grievance. KH stated that it was a grievance about not complyingwith the Accord. GW stated that if it was a grievance it should have beenheard before making them redundant. JC replied that as far as she wasconcerned the Company and the Unions need to deal with the issue atLeeds. It needed to be done as quickly as possible, but it had not beenappropriate to deal with it today given everything else that had to betalked about and it needed to be given the appropriate time. PD said thatit was a collective grievance, and it couldn’t be changed to an appeal. Itwas agreed because of the time scale to go to the last stage with the claimwith JN putting the case on behalf of the GMB with TG. The Company andUnions should set a date at some stage today. The Unions had gone tostage 5 to get something done quickly. If there was no agreement thenboth could consider what was done next. TG alleged that unions wouldhave reached Tribunal by the grievance was heard. PD pointed out thatthe unions needed to say to the Tribunal that they had gone through theprocess. JN asked JC if she was in a position to set a date for early inMinutes of stage 2 Consortium meeting 1 191212 amended final issued 250113 Page 23 of 26
Page 3 and 4: 2.3 In the case of Bolton it was mo
Page 7: company had bought the assets. Phil
Page 10 and 11: 2.17 JC said that the meeting was t
Page 12 and 13: previous week. AH replied that it w
Page 14 and 15: situation, Phil Hubbard had all the
Page 16 and 17: estated that the Consortium would n
Page 18 and 19: as a formal request that TG was kep
Page 20 and 21: consultation. AH replied that the c
Page 24 and 25: January. JC replied she was not, be
Page 26: like to wish the company well but t

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