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Railway Industrial Disputes Mk2

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Falcon1200

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He says it is unacceptable that drivers are not volunteering to work on their rest days. What possible other interpretation is there except for that he thinks workers should be able to be compelled to do so? Ignore all the nonsense about "unofficial strikes", which is a silly diversion.

As I also posted in the Avanti cancellations topic, is it possible that what Shapps is referring to, extremely unclearly, is Unions withdrawing from overtime agreements (regardless of whether staff actually want to work overtime or not), such as the RMT dispute with Scotrail which eradicated Sunday trains for months ?

Admittedly, it is Grant Shapps so he has probably not actually thought this through...

That is quite possible as well, of course !
 

martin2345uk

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What happens if a driver refused to work a committed-overtime Sunday? Sundays are inside for us so I still don't quite get the finer points of the arrangement...
 

irish_rail

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I think the unbelievable incompetence of the current cabinet is really coming home to roost.
Is Shapps genuinely enraged that workers have decided to not work overtime?
So by sound if it, rail staff will need to work 7 days a week and never have days off. Its just bizarre. Its time he gets the hell out of my industry ( and he can take that Wilkinson fella with him too lol )
 

74A

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What happens if a driver refused to work a committed-overtime Sunday? Sundays are inside for us so I still don't quite get the finer points of the arrangement...
It would be a breach of your contract. Do it once you might get a warning. Keep doing it and they will probably dismiss you.
 

GB

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What happens if a driver refused to work a committed-overtime Sunday? Sundays are inside for us so I still don't quite get the finer points of the arrangement...

Basically you are contracted, and thus expected, to work them unless there is (or you can find) suitable cover. As for what happens, probably nothing good. Imagine you agree to work your rest day but call up a day before and say you don't want to do it any more.
 

dk1

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What happens if a driver refused to work a committed-overtime Sunday? Sundays are inside for us so I still don't quite get the finer points of the arrangement...
I’ve never known anything get taken too far. As said perhaps a warning. There are several who don’t do many & if it’s for something important just say why & that they will not be coming in if declined. Our shift managers go over & above to get us off even if the roster clerk can’t.
 

Efini92

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It would be a breach of your contract. Do it once you might get a warning. Keep doing it and they will probably dismiss you.
Unlikely as it’s a massive grey area. There’s loads the regularly don’t turn in and nothing happens. If every did their booked Sunday it wouldn’t be a problem.
 

Russel

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Not yet. You’ll need to wait a bit longer for any news on those dates.

Thanks.

Another question for you all, which has probably been answered on one of the 62 other pages of this thread, so apologies, if I was to book advance tickets now for either the 3rd or 10th September and closer to the dates, strikes are announced, what is the score in regards to refunds?
 

dk1

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Thanks.

Another question for you all, which has probably been answered on one of the 62 other pages of this thread, so apologies, if I was to book advance tickets now for either the 3rd or 10th September and closer to the dates, strikes are announced, what is the score in regards to refunds?
Hopefully someone else can help. Not my field I’m afraid.
 

800001

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Thanks.

Another question for you all, which has probably been answered on one of the 62 other pages of this thread, so apologies, if I was to book advance tickets now for either the 3rd or 10th September and closer to the dates, strikes are announced, what is the score in regards to refunds?
You would be entitled to a fee free refund, or use them on the day before and a couple of days after the strike if you chose to do so.
 

tomuk

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Assuming your contract doesn’t allow such variations in Ts&Cs (if it did, they wouldn’t have to fire you), then fire and rehire is redundancy. They’re making your old position redundant and inviting you to apply for a new one. At which point the statutory redundancy procedures kick in. Not doing so opens them up to unfair dismissal claims.
Certainly in P&O and BG they paid redundancy, https://www.personneltoday.com/hr/shropshire-council-issues-redundancy-notices-to-all-6500-staff/ mentions notices going out but I haven’t found an article on what happened next.
Unfortunately there was some mis-reporting of the news story in the sense that this was described as mass–‘redundancies’. It will be a mass dismissal but it will not be a redundancy situation as the staffs’ jobs will still exist on and after the date of dismissal. The Council have described their action as ‘dismissal and re-engagement’. This is an important distinction because it means that if staff do not accept the new contracts they will be dismissed and they will not be entitled to any compensation pay.

The Council are using a legally valid fair ‘reason’ for dismissal that is called ‘Some Other Substantial Reason’ (SOSR) from the Employment Rights Act of 1996
https://www.thehrkiosk.co.uk/large-scale-dismissals-legal/
 

SJN

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As I also posted in the Avanti cancellations topic, is it possible that what Shapps is referring to, extremely unclearly, is Unions withdrawing from overtime agreements (regardless of whether staff actually want to work overtime or not), such as the RMT dispute with Scotrail which eradicated Sunday trains for months ?



That is quite possible as well, of course !
But in this case the union haven’t withdrawn from the agreement. It’s the summer holidays. Is it really that surprising that less people are offering to do overtime?
 

TUC

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The overtime issue is more that it should purely relate to additional hours worked over and above the contractual requirement. It should have nothing to do with what day of the week it is. Anyone who comes to work in the rail industry can see that by its very nature it is a seven days a week business they are joining.
 

The Ham

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“Railway workers do not need breaks through the day, how archaic is that!!”

Less archaic than the summer recess of Parliament!

Especially given that just the other day a Minister was complaining that they'd run out of time to discuss something of importance to the government.

Can someone advise me of the dates that Parliament is striking over the summer because the MP's have decided not work their rest days? Thanks in advance.
 

SJN

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The overtime issue is more that it should purely relate to additional hours worked over and above the contractual requirement. It should have nothing to do with what day of the week it is. Anyone who comes to work in the rail industry can see that by its very nature it is a seven days a week business they are joining.
It is a 7 day business and the train crew know this. Sundays are still paid as overtime though for many TOC’s. A lot of staff are committed to work so many through the year but they don’t have to volunteer to do more.
 

Annetts key

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Assuming your contract doesn’t allow such variations in Ts&Cs (if it did, they wouldn’t have to fire you), then fire and rehire is redundancy. They’re making your old position redundant and inviting you to apply for a new one. At which point the statutory redundancy procedures kick in. Not doing so opens them up to unfair dismissal claims.
Certainly in P&O and BG they paid redundancy, https://www.personneltoday.com/hr/shropshire-council-issues-redundancy-notices-to-all-6500-staff/ mentions notices going out but I haven’t found an article on what happened next.
Unfortunately there was some mis-reporting of the news story in the sense that this was described as mass–‘redundancies’. It will be a mass dismissal but it will not be a redundancy situation as the staffs’ jobs will still exist on and after the date of dismissal. The Council have described their action as ‘dismissal and re-engagement’. This is an important distinction because it means that if staff do not accept the new contracts they will be dismissed and they will not be entitled to any compensation pay.

The Council are using a legally valid fair ‘reason’ for dismissal that is called ‘Some Other Substantial Reason’ (SOSR) from the Employment Rights Act of 1996
https://www.thehrkiosk.co.uk/large-scale-dismissals-legal/
The employer is still breaking the previously agreed contract of employment. And will be breaking other legal agreements with the respective unions. The employer also risks industrial action and that important or essential staff may not continue with the employer, either of which could significantly compromise the business of the employer.

Anyone who comes to work in the rail industry can see that by its very nature it is a seven days a week business they are joining.
No, it’s determined by the contract of employment and any collective bargaining agreements and T&Cs agreed between the employer and the respective unions.

The railways have been a seven day a week operation for centuries, long before anyone even considered Sunday to be part of the normal working week.

In the past, the employer asked for volunteers and if there was good industrial relations, generally enough employees made themselves available. Hence there was no problem.

This still applies for staff on their free days / rest days unless they have agreed to work it or working it is part of a collective agreement or in the T&Cs.
 
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43066

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The overtime issue is more that it should purely relate to additional hours worked over and above the contractual requirement. It should have nothing to do with what day of the week it is. Anyone who comes to work in the rail industry can see that by its very nature it is a seven days a week business they are joining.

Nonsense.

People (rightly) cannot be compelled to work overtime on their rostered days off, and people who have signed contracts with Sundays outside (which by the way the TOCs not the unions wanted) have every right for that that to continue to be honoured.

It’s down to TOCs to employ enough drivers to run their service. If they fail to do that, it’s on then. The way people seem to want to blame staff and unions while ignoring this reality is extraordinary.
 
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Annetts key

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Oh, and the reason that employers don’t employ enough staff to run the service without overtime working is simple, it’s significantly cheaper to have a smaller number of permanent staff working some overtime compared to employing the correct number of permanent full time employees.
 

Bantamzen

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Oh, and the reason that employers don’t employ enough staff to run the service without overtime working is simple, it’s significantly cheaper to have a smaller number of permanent staff working some overtime compared to employing the correct number of permanent full time employees.
Or in other words some staff are too expensive to employ in sufficient numbers to cover all rotas without overtime..... ;)
 

The Ham

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Oh, and the reason that employers don’t employ enough staff to run the service without overtime working is simple, it’s significantly cheaper to have a smaller number of permanent staff working some overtime compared to employing the correct number of permanent full time employees.

Also it takes time to recruit new staff and so without such flexibility passengers would find the rail network less able to provide the level of service that's required almost every time a member of staff left or was sick or was unable to work as expected.
 

ComUtoR

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Or in other words some staff are too expensive to employ in sufficient numbers to cover all rotas without overtime..... ;)
Na, it's a highly skilled job where thousands fail recruitment so it's difficult to employ. With staff leaving because they don't get paid enough so turnover always exacerbates the issue. <D
 

Moonshot

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The overtime issue is more that it should purely relate to additional hours worked over and above the contractual requirement. It should have nothing to do with what day of the week it is. Anyone who comes to work in the rail industry can see that by its very nature it is a seven days a week business they are joining.
Nobody wants to work weekends as overtime. It's that simple.
 

ComUtoR

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Its not that hard to learn how to drink tea and push levers surely... <D;)


...and push colour coded buttons.

The driving is the easy part, a child could do it.

Maybe they could lower the entry requirent to 18.
 

LowLevel

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Nobody wants to work weekends as overtime. It's that simple.
Bit broad. I don't mind working Saturdays, and I love working Sundays. Saturdays can be hard work but I don't like doing leisure activities on my own steam anyway because things are too busy. May as well make some overtime.

Sundays have always been money for old rope for years. More money for less work. I agree they should be sorted out, it is a fair point that providing a train service shouldn't balance on staff wishing to do so. How to do that should of course be negotiated.
 

Moonshot

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Bit broad. I don't mind working Saturdays, and I love working Sundays. Saturdays can be hard work but I don't like doing leisure activities on my own steam anyway because things are too busy. May as well make some overtime.

Sundays have always been money for old rope for years. More money for less work. I agree they should be sorted out, it is a fair point that providing a train service shouldn't balance on staff wishing to do so. How to do that should of course be negotiated.
I myself will not work a Saturday, and will avoid Sundays as well if I can
 

LowLevel

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I myself will not work a Saturday, and will avoid Sundays as well if I can
That's isn't nobody then :lol: Sundays have always been well subscribed here, with the odd argument about weather work has been correctly dished out etc.

I enjoy my weekday rest days the most. Nothing worse than being jostled by people in pubs, shops or anywhere else.
 

TUC

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Nobody wants to work weekends as overtime. It's that simple.
It isn't a question of whether people want to. It should be recognised that the nature of public transport is that it is a seven day a week business by its very nature in terms of pssenger requirements. Plenty of other industries long ago reflected that. There is no logical reason why rail should be any different.
 

Moonshot

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It isn't a question of whether people want to. It should be recognised that the nature of public transport is that it is a seven day a week business by its very nature in terms of pssenger requirements. Plenty of other industries long ago reflected that. There is no logical reason why rail should be any different.
That's down to the powers that be actually sorting that out ....which will invariably mean recruiting more staff. And more expense ....and dearer tickets
 
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