PROPOSED TRANSFER OF WORK IN DHL EXPRESS (TUPE)
We have recently been made aware that there may be proposals to transfer work and staff from DHL Express to another parcel carrier under the Transfer of Undertakings & Protection of Employment Act (TUPE).
A number of our members have been or will be directly affected by this proposal and DHL are legally obliged to consult with the UDW and any other trade unions who may have members that are employed by DHL. This has not been taking place and despite 2 requests for information we have had no reply. The UDW have now written formally to the head of the HR department requesting a response and the information relating to any proposals.
We strongly suspect that they (DHL) may be trying to negate the need to consult with us as they usually claim that they have consulted with their recognised trade union. The law is very clear on this matter. DHL must fully consult with an employee’s trade union whether it is recognised or not! A failure to properly consult constitutes a breach of the TUPE regulations and we can make a complaint under those regulations to an Employment Tribunal.
Do not under any circumstances attend any meetings on this subject on your own and if you are a UDW member (or any other union member for that matter) you must exercise your statutory rights at all times!
The same applies to any workers who are having their contracts downgraded/changed or are at risk of redundancy. DHL may tell you that they have consulted their recognised union. Do not accept this explanation. You must insist that you want your own/preferred trade union official to be present at all meetings at all times. If your employer ignores your rights and does not properly consult with your chosen trade union they are breaking the law and we will pursue a claim on your behalf.
Please contact us immediately should you be approached on any of these matters
DON'T WORK OUTSIDE YOUR CONTRACTED HOURS
FOR LESS THAN YOUR CONRTACTED WAGE!
The UDW have written to the company expressing our concerns and disgust at recent attempts to increase drivers benchmarks on the PRS scheme. There appears to be an unwritten instruction that urges service centre managers to increase the benchmarks on a whim, which in turn is causing financial hardship to many drivers. We have had no satisfactory reply to our letter (shown below.)
The UDW remains implacably hostile to any measures which are put in place to simply pick workers pockets.
Jim McEwan UDW Regional Representative said "For DHL to ratchett up drivers benchmarks thereby depriving them of the earnings they have worked hard for, is a national disgrace. This clearly demonstrates that this scheme is weighted heavily in favour of DHL and indeed totally undermines the very principle that the scheme was set up for in the first place. Given that many workers are suffering already in the face of a very bitter recession on top of a pay rise that is now in serious doubt, the UDW are calling on this employer to cease this practice immediately"
It is the view of the UDW that every worker is entitled to the overtime rate as per their contract of employment. Anyone working outside their contracted hours must insist on this rate rather than a scheme that is constantly being manipulated to favour DHL management.
UDW CHALLENGES BENCHMARK INCREASE!
Blanket Benchmark Increases.
20th January 2009.
Larraine Kemp
Head of Human Resources
DHL Express UK Ltd
Orbital Park, Hounslow.
Dear Ms Kemp
I write on behalf of our members in your company, the National Executive and indeed the workers who may not have a voice, to request that DHL investigates and halts the ruthless and totally unacceptable practice of the blanket increasing of PRS scheme benchmarks.
We are aware through a significant number of angry and upset employees that DHL appear to adopted this practice at a number of service centres. This has occurred almost immediately after the festive season when people are at their most vulnerable and, we are informed, on the back of a recent or proposed pay increase.
Many have expressed disgust and resentment at the manner in which DHL is continually tinkering with workers earnings in an effort to claw back hard earned monies from staff whilst at the same time continually boasting what a positive and caring employer it is.
Indeed in one service centre staff have been informed that the company needed to save money due to the ‘credit crunch’ and that PRS benchmarks must be increased. This is not acceptable and many employees and the UDW Trade Union, view these actions and lame excuses as nothing more than a swindle and a kick in the teeth for workers.
I personally can think of literally dozens of constructive ways that DHL can save money and they most certainly do not involve raising hard working employees’ benchmarks. I would be only too pleased to address your Board on the issue.
I would also remind DHL that the concept of productivity related pay was to reward people who worked that little bit harder and gave them an incentive to do so.
The UDW have made past representations that we believe the revamped scheme to be weighted very heavily in favour of the employer with little or no recourse for the ordinary worker, many of whom are either dissatisfied or so disillusioned with the scheme that they either do not take part in it or grudgingly accept unachievable or ludicrous benchmarks.
I feel I must point out to DHL that particularly at this time many of your employees are suffering financially and emotionally as a direct result of the extremely high cost of living and this review or practice will do absolutely nothing to help them and everything to increase that suffering.
Mr Mc Call was appointed CEO in the spring of 2008 and publicly stated that it was his vision and goal to make DHL a ‘fun’ company to work for again. The UDW’s membership and indeed many other employees fail to see how this can be taken seriously when the company are ruthlessly ratcheting up benchmarks which decreases workers income and almost certainly wipes out any pay award and the good will that would have come with it.
We would invite Mr McCall’s views on the issues we have raised and if indeed he supports this practice, how this, in turn, fits in with the ‘fun company’ philosophy that he initially expressed on his appointment.
Please consider this correspondence an open letter and we await your response at your earliest convenience.
Yours,
Jim. McEwan
Regional Representative.
WAGES DEDUCTED WITHOUT YOUR PERMISSION?
Many workers are suddenly having money taken from their wages and are unsure what their rights are. An employer is not entitled to take any part of your earnings without your express knowledge and permission under the Wages Act of 1986. Michael Strutter, UDW Regional Organiser commented “ Too many workers are increasingly having their wages pilfered and are being forced to confront their employer in an effort to get their hard earned monies back. This is totally unacceptable and workers can make a complaint to an employment tribunal under the Wages Act”
The UDW encourages all employees across the UK, to take up membership of any local trade union, and protect themselves against this type of unlawful activity. A full breakdown of your rights can be found here.
Please contact Mike or any other UDW organiser if you need further advice and support.
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