Postmen Reinstated After Being Wrongfully Sacked For Not Wearing Cycle Helmets

A 22 month battle has resulted from two Postmen, from Southport and Lytham St Annes Delivery Offices, being offered reinstatement to their Jobs or compensation settlements after being sacked for not wearing their Cycle Helmets in 2009, a compulsory safety requirement in Royal Mail.

Postman David Smith, a father-of-two, was sacked by Royal Mail in May 2009 after 17 years delivering mail across Southport and 59 year old Paul Usher a Postman for 12 years at Lytham St Annes was also sacked.

After a lengthy appeal the CWU's National Health and Safety Officer Dave Joyce took up the cases with the Royal Mail Group Chairman and Company Secretary, eventually producing a satisfactory outcome. Dave Smith has now been reinstated to his job at Southport. Paul Usher opted for substantial compensation rather than return to his Lytham St Annes job due to the fact he is now approaching retirement age. Three other similar cases were previously resolved with compensation being paid in one case and the dismissals overturned in two further cases. Mr. Smith will also receive loss of back pay compensation for the duration of his suspension and have lost pension contributions paid. The detailed terms of the settlements are confidential.

Dave Smith and Paul Usher were delighted with the outcome and very relieved after what has been a very traumatic and stressful 22 months for them. Both expressed their gratitude to the Union for not giving up on their cases. Colleagues of the men have also spoken of their delight at hearing of the settlements.

CWU National Health and Safety Officer Dave Joyce who took up the members cases said

"Quite frankly the draconian management actions in Royal Mail's North West Region were shocking. There is a clear compliance process to follow in cases where members fail to wear their Cycle Helmet which includes the involvement of the local CWU Safety Representative initially, followed by a number of steps to achieve co-operation. The agreement actually states that it is not the intention of Royal Mail to dismiss staff. However, the local managers in these cases decided to ignore the national agreement by truncating the process completely and summarily dismissing staff for a first offence, even if the individual was someone like Dave Smith with an unblemished, exemplary 17 years service."

Dave added, "It's important to understand that this wasn't a Safety issue! It was a breach of process issue. Royal Mail and CWU have had a signed National Agreement from 2003 stipulating that it is mandatory for Cycle Delivery workers to wear a Cycle Helmet and High Visibility Jackets. The agreed policy between the CWU and Royal Mail which aims to protect people from potentially serious or fatal injuries, remains in place and I urge all our members to wear the appropriate Safety Equipment at all times without exemption."

Dave concluded, "However, the agreed compliance process must be strictly adhered to by Managers who should work with the staff and the CWU Safety Reps and not work against them as happened in the North West Region. I have called for an investigation in to the actions of the Managers concerned which brought about these injustices and the procedures for dealing with situations like this more quickly should they arise in future".

Source: CWU

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