MOD and Unite the Union (Amicus Section) settle information and
consultation claims
30 July 2008
1. MOD have
agreed to settle with Unite the Union (Amicus Section) the
Information and Consultation claims which were based on the alleged
failure to inform and consult in relation to the cessation or
diminution in work carried out at DSG (ex DARA) St Athan.
2. Full and
final settlement was achieved after extensive and detailed
negotiations. The value of the settlement is in the region of £5M.
Each of the affected employees will receive £3K.
3. MOD and Unite
are now finalising administration and distribution
arrangements.
Bryan Godsell, Unite the Union, Regional
Officer said: ”This settlement graphically demonstrates
the value and importance of being a member of Unite the Union. We
are delighted that this claim has finally been settled through
negotiation. Despite the complexity and sensitivity of the claim
the negotiations between Unite the Union and the MoD have been
conducted in a positive and pragmatic manner over a 2 year period
resulting in a fantastic settlement for Unite the Union and all the
affected employees.
The settlement finally draws a line under
the issues resulting from the proposals to transfer Fast Jet
servicing from St Athan to Main Operating Bases during the period
from 2004 to 2007. This settlement goes a long way to overcoming
the disappointment felt by employees at St Athan over the way in
which they feel the transfer of work was handled.
Our members at DSG St Athan can now focus
on the future and the challenge of securing work beyond the current
VC10 servicing programme.
I would like to pay tribute to Gavin Toker
Unite Convenor at DSG St Athan (Formerly DARA St Athan) for his
perseverance in pursuing this matter in the first instance which
resulted in the claim being raised by Unite the Union and for his
professionalism and support throughout the negotiation.
I would also like to pay tribute to Neil
Johnson and our team of Legal Advisors at Rowley Ashworth
Solicitors whose expert advice and guidance throughout the
negotiation assisted in bringing this claim to a successful
conclusion”.
For Further Information Contact:
Bryan Godsell, Unite Regional Officer
Office – 01792 470434
Mobile – 07958 515333
E Mail: bryan.godsell@unitetheunion.org
JOINT COMMUNIQUÉ – MOD AND UNITE
SETTLE TUPE CLAIMSQUESTIONS AND ANSWERS
MATERIAL
Question 1 – Why did the
parties agree to settle this
claim?
Both parties recognise the inherent risks,
costs and disruption associated with proceeding with a protracted
legal process that has already run since July 2006. The settlement
draws this matter to a mutually satisfactory conclusion in the most
cost effective manner.
Question 2 – Who are the
beneficiaries of this settlement?
Employees or former employees who were
permanently based at DARA St Athan at any time between 15 August
2004 and 31 March 2007. For the avoidance of doubt this definition
excludes employees based at DARA St Athan over this period who:
worked temporarily for any length of time over this period at DARA
St Athan; or were not employed in grades for which Unite (Amicus
Section) had representational rights; or were not included in any
of the redundancy exercises undertaken at DARA St Athan
Question 3 – Why has the date
of 15 Aug 04 been used to determine who will receive the settlement
payment.
This date of 15 Aug 2004 is three months prior
to the date when the Harrier (Jump Gate 2) contract was awarded to
BAE Systems. This date has been selected because it is the first
date at which MOD could reasonably have been expected to inform and
consult on the possible application of TUPE.
Question 4 – Why was £3K
chosen as the settlement value?
The £3K value is a compromise position that
has been reached between the parties that was judged to be a fair
and equitable outcome to all affected employees.
Question 5 – Why is everyone
receiving the £3K settlement rather than the maximum 13 weeks
compensation?
The value of the settlement represents a
compromise position and is the result of protracted negotiations
included high level legal opinion being sought independently by the
parties. The parties are satisfied that the value of the settlement
represents the most equitable outcome available in the
circumstances.
Question 6 – On the basis
that these claims were only submitted by Unite (Amicus Section),
why are all those employees set out in answer to Question 2 above
receiving compensation?
Amicus has confirmed that it was recognised,
for consultation purposes, in respect of all these employees.
Therefore they all, potentially, fell within the scope of the
claim.
Question 7 – When will I
receive my compensation?
The parties are currently finalising the
administration and distribution arrangements. Given the scale of
the settlement and the numbers of employees and ex employees
involved, it is hoped that payments will be made in the next 3 to 4
months.
Question 8 - Will the
settlement payments be taxable?
The parties have taken legal advice and
understand that this is a Protective Award and is therefore not
taxable. However, the final position on tax will not be known until
HMRC provide a ruling.
Question 9 – Do the parties
expect any further costs or claims associated with this
settlement?
No – This settlement represents full and final
settlement of the claims.
Question 10 – At what point
did the parties become aware of the potential breach of employment
legislation?
Unite (Amicus Section) formally raised this
matter with the Minister in March 2006, MOD instigated an
investigation and the advice from MOD legal advisor was that TUPE
may have applied to elements of the work that had transferred.
