GMB SET UP PHONE HOTLINE FOR PUBLIC TO REPORT LAW BREAKING BY  EMPLOYMENT AGENCIES SUPPLYING LABOUR IN ROYAL MAIL DISPUTE

These agencies are liable for a fine of £5,000 per day per worker supplied and GMB is asking public to phone 0208 971 4217 with details

GMB has set up a phone hotline to enable members of the public to report the names of employment agencies supplying agency staff in the current Royal Mail post dispute.

Earlier this week there was correspondence between Lord Mandelson, Business Secretary, in which Paul Kenny said that there were strict laws to stop employment agencies supplying labour to Royal Mail to break a lawful trade dispute. Under the Conduct of Employment Agencies and Employment Business Regulations 2003 any agency supplying labour is liable to a fine of £5,000 per day per worker supplied. See Notes to Editors below

Both Royal Mail and Lord Mandelson denied that agency staff are being used to replace workers on strike. GMB do not believe these denials and have set up a hotline for members of the public to report the names of agencies and the names of workers being supplied to replace workers on strike. The hotline number is 0208 971 4217.

Paul Kenny GMB General Secretary said “An employment business may not supply a temporary worker to a hirer to replace an individual taking part in an official strike or any other official industrial dispute. In addition an employment business must not introduce or supply a work-seeker to do the work of someone who has been transferred by the hirer to perform the duties of the person on strike or taking industrial action.

However in spite of this law there is widespread and well reported law breaking by employment agencies in the current post dispute. Lord Mandelson, Royal Mail and employment agencies will not be allowed to ignore the law.

GMB has set up a hotline and is asking the public to supply names of employment agencies supplying workers and the names of these workers. These agencies are liable for a fine of £5,000 per day per worker supplied. We are asking them to phone 0208 971 4217 with details.

Can you imagine the outcry there would be in the media and in Parliament if unions were engaged in lawbreaking on the scale we see by employment agencies in this dispute.”

END

Contact Steve Pryle GMB Press Office 07921 289880

Notes to Editors

The Conduct of Employment Agencies and Employment Business Regulations 2003 which came into force in April 2004. Part ll General Obligations, regulation 7, ‘restriction on providing work-seekers in industrial disputes’ states:

….an employment business may not supply a temporary worker to a hirer to replace an individual taking part in an official strike or any other official industrial dispute. In addition, an employment business must not introduce or supply a work-seeker to do the work of someone who has been transferred by the hirer to perform the duties of the person on strike or taking industrial action. An employment business will have a legal defense to having acted in breach of this regulation if it does not know, or has no reasonable grounds for knowing, that official strike action is in progress.

Regulation 7(2) provides that this regulation applies to official strike Action.

If an agency or business has not complied with the regulations:

·         it can be sued for damages by anyone who suffers loss or injury as a result of that failure.

·         the DTI can initiate a criminal prosecution against it (the maximum penalty is a fine of up to £5,000 per offence)  and a ten year ban.

·         any contractual term that contravenes the Regulations is unenforceable (though the remainder of the contract may still be enforceable).

This is in addition to the DTI's power to apply to an employment tribunal to have someone declared unsuitable to carry on, or be concerned with, an employment agency or business.

23 November 2009