Thread by @EmilyPritty

I have been reflecting over the weekend on the shocking behaviour of #pandoferries sacking their workforce with complete disregard for applicable employment law and what rights these workers have and hope they and @RMTUnion get some justice and fair settlement pay. Thread 🧵 1

2/ The main claim talked about in the press is unfair dismissal and breach of contract. Those with 2 years service will have potential unfair dismissal claim more information, check our pages @workingfamUK : workingfamilies.org.uk/articles/unfai…

3/ Based on unscrupulous behaviour by #pandoferries so far imagine the settlement offer made will not be generous or reflect the full potential claims and imagine time limit to encourage swift settlement before the @RMTUnion and others can take detailed advice.

3 We have advice and guidance @workingfamUK on negotiating settlement for employment claims here: workingfamilies.org.uk/articles/negot…

4/ From what has been reported in the press around new workforce being non UK and contracting out to agencies arguably there may be additional rights under the Equality Act, TUPE and TULRCA and these are significant in terms of damages/awards payable.

Taking the Equality Act 2006; if press reports true, to have dismissed entire UK workforce and hired non UK workforce, appears on the face of it to give argument of direct and/or indirect discrimination. Overview of discrimination @workingfamUK : workingfamilies.org.uk/articles/haras…

6/ Why is it important? Protection from discrimination is a day one right i.e. do not need to have been employed for a minimum amount of time to bring a claim. More employees could have claims not just those who have been employed for 2 years required for unfair dismissal.

7/ If successful in discrimination, compensation awarded for loss of earnings without a cap/limit (unfair dismissal comp is capped at 12 months salary/statutory cap) also potential damages for injury to feelings (based on how upset the employer made the employee feel).

8/ We have more guidance and information on calculating loss in employment claims @workingfamUK here: workingfamilies.org.uk/articles/calcu…

9/ Does TUPE apply? Assuming #pandoferries will have entered agreements with an agency or agencies to provide services (via the new agency staff) this could effectively amount to outsourcing the roles to the agency for a hire fee or “contracting out”.

10/ Contracting out is a service provision change(s) and therefore a relevant transfer for the purposes of the Transfer of Undertakings Protection of Employees Regulations 2006 (“TUPE”). More info on TUPE @workingfamUK here workingfamilies.org.uk/articles/tupe-…

11/ The services provided are the roles that were being performed by the sacked P&O staff. Under TUPE all affected employees arguably should have transferred from P&O to the new service provider on their existing terms and conditions.

12/ Assuming TUPE applies P&O should have provided information to recognised Trade Unions @RMTunion or Employee Representatives about the consequences of the transfer far enough in advance to allow consultation to take place, given planned dismissals.

13/ The dismissal of any employee (whether before or after the transfer) where the reason is the transfer is automatically unfair dismissal under TUPE, unless there is an ETO reason entailing changes in the workforce. But then normal unfair dismissal principles apply.

Why is this important? claims under TUPE incl. compensation for failure to inform and consult, automatically unfair dismissal bc of transfer and potentially collective redundancy - there were more staff than roles (when amalgamating transferee and transferor workforce).

15/ @RMTunion /employee reps (if not in union) may seek to bring claim for breach of information and consultation and seek appropriate compensation under regs 15 and 16 TUPE which can result in additional payment of up to 13 weeks’ full pay for each affected employee).

16/ TULRCA sets out the rules for collective redundancies. . For more information on collective consultation see @WorkingfamUK page here: workingfamilies.org.uk/articles/colle… P&O have described this as redundancies in the press.

16/ These dismissals have been referred to redundancies in the press. TULRCA is the legislation which sets out the rules for collective redundancies and there are details requirements for collective consultation see @workingfamUK page here: workingfamilies.org.uk/articles/colle…

17/ If TULRCA applies there could potential criminal offence if there was a failure to notify the Secretary of State in advance.

18/Given cost of living crisis most people unsurprisingly will decide to take guaranteed cash now via a severance agreement, rather than wait for the result of a complex employment claim with backlog in tribunal system.

19/ Support must be provided before rights are compromised and silenced by settlement agreements as its been reported that p&o workers been offered ex gratia payments if sign away rights but imagine they will not properly reflect potential claims.

20/ Access to justice should be for all. Be grateful for thoughts of employment lawyers on this! Seen superb tweet by @GrahameAnders and of course the brilliant @daniel_barnett on LBC. Want to make sure best support given and ideas on how prevent this happening in the future. END

In my rush to tweet got my TUPE 2006 muddled with Equality Act 2010.. but sure you know what Im talking about.

This all on the basis that applicable jurisdiction is UK for statutory rights.