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Redundancy Compensation for FTA’s – PCS launches Judicial Review 23/08/2011

Posted by pcsdwpsheffield in Uncategorized.
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DWP briefing

 

Department for Work & Pensions Group

 

 

 

To:       Branch Secretaries, Additional Branch Contact, Regional Secretaries, GEC

18 August 2011

DWP/BB/113/11

 

This briefing includes important action for FTA Members. Please ensure that is copied to all FTA members in your branch

 

 

 

 

 

Redundancy Compensation for FTA’s – PCS launches Judicial Review

 

 

PCS Legal Challenge

PCS’ solicitors have this week lodged in the High Court an application for a Judicial Review over DWP’s refusal to pay redundancy compensation to FTA members whose contract is ended after 2 or more years of service.

 

PCS continues to campaign for all FTA staff to be made permanent and we do not believe that any FTA member should lose their job. However where management insist on sacking FTA members we are determined to ensure that those members receive the redundancy compensation that they are entitled to.

 

Background

The Civil Service Compensation Scheme states that redundancy compensation should be paid to FTA staff with 2 years’ service when their contract is ended by reason of redundancy. PCS does not accept DWP’s contention that the ending of an FTA contract at the contract end date is not a redundancy. Therefore we also do not accept that, consequently, DWP has no responsibility to make redundancy payments.

 

DWP’s continuing refusal to agree to make these redundancy payments, has left PCS no

 

 

option but to take legal action. PCS believes that we

 

have a strong case and that we can achieve a fair and successful outcome for our FTA members. The standard tariff for calculating redundancy compensation is one month’s pay per year of service.

 

Important Action for FTA members

Any PCS member who is an FTA is advised to contact PCS, using the attached pro forma, to confirm that they want to be included in this Judicial Review claim.

 

This only applies to FTA members where either of the following apply to them.

 

  • They have had 2 or more years service in DWP/Jobcentre Plus

 

  • They will have 2 or more years service by the time their current contract ends.

 

Following receipt of this information PCS will then arrange to have them added to the current Judicial Review claim. FTA members are advised to complete the attached form and return it to PCS Leeds leeds@pcs.org.uk as soon as possible.

 

Applying to an Employment Tribunal

PCS believes that the use of a Judicial Review is the best way to mount a legal challenge to ensure that redundancy compensation is paid to our FTA members in DWP.

 

However PCS is also advising any FTA member, whose contract has been ended after 2 or more years’ service, to also make an application to an Employment Tribunal (ET). Whilst we do not consider ET claims provide a viable alternative remedy for our FTA members in this situation, PCS is encouraging members to submit ET claims in order to protect their position, pending the outcome of the Judicial Review.

 

Completing an ET1

FTA members can download the application form to an Employment Tribunal (form ET1) via this link  www.employmenttribunals.gov.uk/. This website also provides information on how to complete the ET1 form and also on which tribunal court the ET1 form should be sent to. FTA members can seek help and advice from their local branch reps if they are unsure on what to do.

 

Generic ET1 form

To make the process as easy as possible PCS has completed a generic ET1 form. This can be found on the PCS website. There is also PCS guidance on how to complete the ET1 form attached to this circular.

 

FTA members should use this exact wording when completing their ET1. This wording has been drafted in consultation with PCS legal advisors. It is important that members use this wording on the ET1 to maximise their prospects and to ensure that their ET claim is ‘stayed’ pending the outcome of the Judicial Review case.

 

When to apply to an ET

An application to an Employment Tribunal in this situation can only be made after the FTA contract has been ended.

Time limits

An ET application must be made within 3 months of the contract being terminated.

 

After ET1 is submitted

Members should ensure that copies of their ET1 application are made. One copy should be sent to PCS Leeds to enable us to keep members informed as the case progresses. We would expect Tribunals to agree to allow ET claims to be ‘stayed’ pending the outcome of the Judicial Review. This should mean that no further action is required until the Judicial Review is concluded. Further advice will be issued to members at that stage.

 

FTA members who have already left DWP

There are many FTA members who have already had their contract terminated and subsequently have left employment with DWP. Most of these members left with less than 2 years service and so had no entitlement to redundancy compensation in any event.

 

However there are a number of FTA members who have already left DWP who did have 2 or more years’ service when they left. In this event branches should make every effort to contact these members and to copy this briefing to them. These members are also eligible to have their name added to the Judicial Review as described above. They are also able to apply to an ET providing their contract ended within the last 3 months as described above.

 

 

CHARLES LAW

Negotiations Officer

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 


FTA Redundancy Compensation – Judicial Review

 

FTA members wishing to be added to the PCS Judicial Review should complete this form

 

I was employed by DWP/Jobcentre Plus as an FTA member of staff from ………………… to ……………….

 

(delete as appropriate)

 

I am employed by DWP/Jobcentre Plus as an FTA member of staff. I started work on ……………. and my current contract is due to end on ……………..

 

While employed by DWP I was/am a member of PCS

 

DWP has refused to pay me redundancy compensation when my contract ended/is due to end, to which I believe I am entitled.

 

I authorise PCS/Thompsons Solicitors to add me to the PCS Judicial review claim

 

Name

 

 

 

Address

 

 

 

e-mail

 

 

Tel No

 

 

Signed                                                             Date

 

 

 

Please return to:

 

PCS Leeds, 3rd floor, Town Centre House, Merrion Centre, Leeds, LS2 8LY

 

Or

 

email to Leeds@pcs.org.uk

 

 

 

 

PCS Guidance for FTA members on completing an ET1

 

Important Notes

This  guidance is only for the use of FTA members seeking redundancy compensation when their contract ends. This guidance should be read with the PCS circular DWP/BB113/11

 

PCS has prepared a generic ET1 which can be found on the PCS website. This has been completed by PCS as far as is possible but individuals will need to complete the sections of the form that are specific to them.

 

In Section 5.2 of the ET1 it is essential that members use the exact wording that is on the PCS generic ET1.

 

ET applications on this issue can only be made after an FTA contract has been ended.

 

All applications for an ET on this issue must be submitted within 3 months of the date the contract ended.

 

Completing the ET1

 

Covering sheet

Tick box ‘I want to make a claim’

Tick Boxes ‘unfair dismissal’ and ‘other complaints’

 

Section 1

Insert your personal details

 

Section 2

Insert details of your employer

 

Section 3

Insert details for your employment

 

Section 4.

4.1 Insert the average weekly hours you worked

4.2 Give details of your net monthly income only

4.3 Complete as appropriate

4.4 Complete as appropriate

4.5 Insert ‘Not applicable’

4.6 to 4.8 Complete as appropriate

4.9 Tick Box a

 

Section 5

5.1 Tick Box a and e

5.2 Insert the exact wording from the generic ET1 form prepared by PCS

5.3 Ignore

 

Section 6

Insert ’As 4.9’

 

Section 7

Insert ‘see details of claim’

 

Section 8 – Complete as follows

8.1 Public and Commercial Services Union

8.2 Public and Commercial Services Union

8.3 3rd Floor, Town Centre House, Merrion Centre, Leeds, LS2 8 LY

8.4 0113 2005300

8.5 Do not complete

8.6 tick e-mail. Email address leeds@pcs.org.uk

 

Section 9.1

Complete as appropriate

 

Section 10

Tick Yes

 

Section 11

Do not complete

At the end of Section 11 ensure that you tick the box to confirm that you have read the form and are satisfied with its contents.

 

Equal Opportunities Monitoring Form

You are not obliged to complete this but PCS would encourage you to do so.

 

Multiple Claim Form

Do not complete

 

After completing the ET1

You should email or post the completed form to your local employment tribunal. See www.employmenttribunals.gov.uk/ for details of your local employment tribunal.

 

Remember to take at least 2 copies of the form. Retain one for yourself and ensure that you post or e-mail the other to PCS Leeds at the address on Section 8 of the generic ET1.

 

 

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