Circular No IR/699/12
To All Branches, Regional Offices & Regional Councils
Our Ref: BR2/14/2
17th December 2012
REVENUE TARGETS FOR COMMERCIAL GUARDS – SOUTH WEST TRAINS
Further to my Circular No IR/427/12 dated the 8th August 2012 with regards to the above matter and where I informed you that I was pursuing legal advice as to whether or not the company were in breach of our Guard member’s contract of employment and the Guards Restructuring Initiatives. Please be advised, that I have now received a legal opinion from our Solicitors and the matter has been subject to recent consideration by the General Grades Committee and their decision is as follows:
“That we note the legal opinion which is now on file stating ‘that by introducing revenue and penalty fare targets and using the poor performance procedure to enforce these, South West Trains may well be in breach of contract.’
Therefore, we instruct the General Secretary to challenge South West Trains on this issue, reminding them that this union does not recognise their unagreed policy and that any action taken against our members using this policy will not be tolerated.
Relevant Branches and Regional Councils to be advised.”
In accordance with the above, I am now carrying out the instructions of the GGC decision and I will, of course, keep you fully advised on any further developments.