As reported in the Manchester email notice on 24th June, your reps are very concerned that the company intends to dismiss or give notice of dismissal to Malcolm —— on Friday (3rd July).
Not only would any dismissal be grossly unfair and bad news for Malcolm personally, it would set a very dangerous precedent because it would represent serious breaches of the Manchester agreements.
Specifically, this would breach:
- Recognition Agreement, section 9.5:
- m) Employees have the right to a hearing at each stage of the process.
- Recognition Agreement, section 9.6:
- The Company and the Union agree to refrain from taking any other action in relation to the contested issues until the individual grievance procedure outlined in this section of this Recognition Agreement has been exhausted (unless the action is required by law or has to be taken before the procedure is exhausted to avoid missing a legal deadline). In other words, the pre-existing circumstances will continue to apply.
- Annex 1, section 7:
- ii) Unless mutually agreed, an Employee will not be redeployed, issued with notice of dismissal, or dismissed by reason of redundancy, until their individual appeals or grievances in relation to the redeployment or redundancy processes have been fully heard.
If the company went ahead with a dismissal, it would be breaching the agreements because they have refused Malcolm a hearing at the second stage of his grievance and would be dismissing him without fully hearing his grievance first.
UNITE is asking employees to protest in their lunch-breaks at the start of the meeting where Malcolm is likely to be dismissed. Please assemble:
12:50pm, Friday 3rd July, MAN34 canteen
The protest will then move to 34GM1 in the West wing, where the meeting is due to take place.
This approach proved extremely successful when the company tried to discipline Ian Allinson during our dispute in 2006-7, so please come along and give Malcolm your support Ė itís what you would need if you were in his position.