Mr Mathewson having had all of 8 of his complaints against the NUM struck out by the Certification Officer was seeking to appeal the decisions to the Employment Appeal Tribunal (EAT). The case was heard 11 August 2017. The EAT at the hearing refused to admit Mr Mathewson’s appeal. Mr Mathewson was in court with his wife but did not speak. He was represented in court by Arthur Scargill assisted by Nell Myers.
The Employment Tribunal has issued judgement in the case of National Union of Mineworkers v UK Coal Kellingley Limited (in liquidation) and Secretary of State for Business, Innovation and Skills.
The Union brought this claim on behalf of all members at Kellingley colliery who were made redundant when the pit closed in 2015. The Tribunal has decided that UK Coal failed in their duty to consult with the Union as required under the Trade Union and Labour Relations (Consolidation) Act 1992 and the company has been ordered to pay remuneration to all relevant employees who were dismissed between 21 May 2014 and 26 December 2015.
In their Judgement the Employment Tribunal was satisfied that the company did not consult with the NUM in good time as it was not entered into at a formative stage when meaningful consultation could have taken place. The tribunal said “if there had been consultation at a formative stage, that is , before the plans had been set in stone there would have been an opportunity for the Claimant to be involved in discussion with regard to avoiding or delaying the closure”
The NUM was represented at the five day hearing in Sheffield by John Hendy QC and the Union’s legal officer, Harry Eyre who said “Credit should be given to Chris Kitchen for this result. It was his tenacity and insistence that the case should proceed when the initial advice was not optimistic that has made this possible. The case was made more difficult by the Government’s decision to fund the legal costs of the Respondent company which wasn’t the situation when the UDM made similar claim following the closure of Thoresby. In spite of this the decision demonstrates that there are consequences for an employer who chooses to ignore the rights of Trade Union members”
NUM General Secretary Chris Kitchen said “Although this is a tremendous result for the men at Kellingley it is a tragedy that the Union was deprived of the opportunity to influence the decisions made by the company at the time. If we had been consulted from the beginning the outcome for the colliery might have been different”
In fact because the company is now in liquidation the awards will be paid by the Redundancy Payments Service and will be subject to a statutory cap of 8 weeks pay up to a maximum of £3800.
We will post details here of how to claim as soon as these are available.
Decision on the NUM Protective Award claim has been received today. The claim has been successful. It covers all mineworker grades where the NUM was recognised (549 men) who were made redundant on or after 21 May 2014 and is for the maximum of up to 8 weeks pay (£3,800 as limited by legislation).
Centrica plc the company which owns British Gas announced that electricity prices will rise by 12.5% from mid September 2017. “The 12.5% electricity price rise this September reflects the increasing costs of energy policy, and delivery to customers’ homes since 2014. In that time, overall electricity costs have increased by 16%.”
The news comes just six weeks after the government wrote to OFGEM reminding them of what was said in the Conservative manifesto and in the Queen’s Speech “My Government will ensure fairer markets for consumers. This will include bringing forward measures to help tackle unfair practices in the energy market to help reduce energy bills.” Read letter
British Gas is the last of the ‘big six’ energy firms to increase prices. Energy prices are already rising more quickly than the average salary, and many people are struggling to pay bills as it is.
Centrica say the increase reflects the increasing costs of energy policy and who is responsible for energy policy?
The outlook for electricity prices isn’t great and electricity prices will no doubt increase again with coal fired power stations closing and more expensive forms of generation replacing them.
West Cumbria Mining (WCM) are delighted to report that the Planning Application for their Cumbrian Metallurgical Coal Project, called Woodhouse Colliery, was submitted to Cumbria County Council (CCC) on 31st May 2017.
The planning application documents, which include the Environmental Impact Assessment and extensive details of the project designs, were hand-delivered to the CCC offices in Kendal by Caroline Leatherdale, Head of Environment and Planning and Kevin Murphy, Head of Project Delivery.
The planning application has subsequently been validated by CCC and allocated the reference number 4/17/9007.
If you wish to express support for, or concerns about, the Project, these can be submitted to CCC by mail, email or online. It is important that these are submitted by the 10th July 2017 for opinions to be considered by CCC. Details on how to do this can be found on our website http://www.westcumbriamining.com/local-news/wcm-planning-application-validated-open-comment/. Formal notices have been hand-delivered to neighbours of the site whilst planning notices are being displayed in the Marchon and Pow Beck locations.
A full copy of the planning application is available to view on the CCC planning website, or at WCM’s Haig offices up until the 10th July 2017. A full copy of the planning documents can also be obtained on a memory stick or CD from the WCM Haig office for £5.
WCM will be hosting public update events on the 23rd, 24th and 25th June (10am-4pm) at their Haig offices, where full details of the planning application will be presented and the WCM team will be available to answer any questions you may have.
Helen Davies, Communications Manager, commented, “This is a significant milestone for the project and the local area. We do hope that people will take up the opportunity to voice their support or concern to ensure that the Project progresses in a way which best suits the majority. We are looking forward to our open days at the end of June and hearing people’s thoughts – they have previously been overwhelmingly positive and we hope that this support is translated into supporting our planning application.”
WCM will also be holding a Suppliers Open Day on the 12th July from 10am-4pm at the Haig offices, with an open invitation to representatives of local companies who may be interested in future construction and operational contract and supply opportunities to learn more about our procurement process and to meet the project team.
Congratulations to the Labour Party for gaining the support of people which now gives hope that life will improve for the many.
By now most of you will have made up your mind up which way to vote and it goes without saying, the NUM is affiliated to the Labour Party, so you know which Party we support.
Here are 3 reasons why you should consider voting Labour taken from their Manifesto:
• A Labour government will commit to an immediate review of the mineworkers’ pension scheme and British Coal superannuation scheme surplus, sharing arrangements between government and scheme beneficiaries.
• Labour will hold public inquiries into historic injustices. We will open inquiries into Orgreave and blacklisting. We will release all papers relating to the Shrewsbury 24 trials and the 37 Cammell Laird shipyard workers.
• We will set up an inquiry into blacklisting and will urge the Scottish Government to hold an inquiry into the actions of Scottish police during the miners’ strike.
To have these commitments from the Labour Party are reasons alone for all those who worked in the coal mining industry to vote for them and they demonstrate the Labour Party have listened to what the NUM have been saying.
The Conservatives called this election because the opportunist politicians thought they and their friends could board the gravy train for a longer journey and increase their number.
They had the champagne on ice. They took it for granted that they were assured of victory. However during this campaign, they have shown that they do not understand the difficulties faced by the young and the older. They do not understand what it is like for those who are working harder and longer for less and less reward and with no job security.
The Labour Party have run an excellent campaign which has connected with many people and has shown that they have won the support of many of those who the Conservatives took for granted.
For all those who have not voted by post, first and foremost USE YOUR VOTE, and use your vote FOR THE MANY NOT THE FEW we urge you to consider giving your vote to LABOUR on 8 June.
National Union of Mineworkers
Chris Kitchen Secretary
Nicky Wilson President
Wayne Thomas Vice-President
The NUM at it’s NEC meeting 23 May 2017 welcomed the news that the Labour Party Manifesto has included a commitment to reviewing the pension sharing arrangements of both the MPS and BCSSS. This is a welcome statement that takes into account all the work done by the NUM and Labour MP’s over the years and it is hoped that any review will result in an increase in pension payments More information
Kellingley Protective Award
The hearing concluded on 18 May 2017 after 4 days of evidence, cross examinations, and closing submissions from John Hendy QC on behalf of the NUM, the barrister for the 1st respondent UK Coal Kellingley in liquidation (who is paying their bill?) and the barrister for the 2nd respondent the Secretary of State.
A favourable decision should cover everyone made redundant from Kellingley since the issuing of the HR1 and section 188 letter on the 1 April 2014. The 1st respondent (although it will not cost them a penny as they are insolvent and don’t have any money) are seeking to limit any payment from a successful outcome to those who were made redundant in December 2015.
The case is subject to a reserved decision and the Tribunal panel will not get together (due to a backlog of cases) until July so a decision is not expected until the end of July/early August.
Mr Mathewson made seven complaints alleging the union had breached its rules and one complaint of the union’s breach of Chapter IV of the Trade Union and Labour Relations (Consolidation) Act 1992. Following correspondence, the Certification Officer struck out all eight complaints under section 256ZA(1)(a) of the Trade Union and Labour Relations (Consolidation) Act 1992 on the grounds that they had no reasonable prospect of success and/or were otherwise misconceived. Full decision here: Mathewson
Trade Union legislation allows people to complain about the union using the legislation and dealing with this can be an onerous task for the union. This is the reality of trade unions today, perhaps miners can remember, those who spoke out against using the so called ‘Tory legislation’ to attack trade unions?