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Postal union plans legal action Postal union plans legal action
(about 3 hours later)
The Communication Workers Union (CWU) plans to go to the High Court to stop Royal Mail using agency staff to clear the post backlog caused by the strikes.The Communication Workers Union (CWU) plans to go to the High Court to stop Royal Mail using agency staff to clear the post backlog caused by the strikes.
Royal Mail had planned to hire 30,000 temporary workers to deal with the backlog of post and the Christmas rush, which it insists complies with the law.Royal Mail had planned to hire 30,000 temporary workers to deal with the backlog of post and the Christmas rush, which it insists complies with the law.
The CWU hopes to show that the company is breaking employment law.The CWU hopes to show that the company is breaking employment law.
Meanwhile, Royal Mail and union leaders are holding a second day of talks at the TUC aimed at averting more strikes.Meanwhile, Royal Mail and union leaders are holding a second day of talks at the TUC aimed at averting more strikes.
Both sides failed to break the deadlock after seven hours on Monday, but TUC brokers said the meeting was "useful".Both sides failed to break the deadlock after seven hours on Monday, but TUC brokers said the meeting was "useful".
Up to 120,000 CWU members will stage three 24-hour strikes from Thursday if no deal on pay and working conditions is reached.Up to 120,000 CWU members will stage three 24-hour strikes from Thursday if no deal on pay and working conditions is reached.
'In line with the law''In line with the law'
"We are taking legal advice and are assessing the evidence," a CWU spokeswoman said."We are taking legal advice and are assessing the evidence," a CWU spokeswoman said.
"We are expecting a decision later today.""We are expecting a decision later today."
The law states that firms cannot recruit workers to do the job of employees called out on a legitimate strike.The law states that firms cannot recruit workers to do the job of employees called out on a legitimate strike.
STORY SO FAR... Postal workers, especially in London, have been holding intermittent one-day strikes for months in a row over the way Royal Mail is to be modernisedEarlier this month, postal workers voted three to one in favour of nationwide industrial action (though Royal Mail said 60% of the total number of postal workers in the UK did not vote to strike)The CWU set dates for the first nationwide postal strikes in two yearsLast-gasp talks failed to reach an agreement, and two 24-hour strikes were held on Thursday and Friday of last weekFresh talks between the two sides are now taking place. At the moment, further UK-wide strikes are planned for Thursday, Friday, and Saturday Origins of the Royal Mail strike Sorrow and anger on picket line Send us your comments WHAT DOES THE LAW SAY? The law states that it is a criminal offence for agencies to provide workers to do the job of employees who are out on strikeIt is also potentially a criminal offence for the end employer - but the offence would be aiding and abetting the agencyHowever, it is only a criminal offence if the temporary workers are employed by the agency and not by the company directlyIf the agency merely supplies the workers and the company employs them directly then the company can deploy them as it pleases, employment lawyers sayIn any case, Royal Mail's argument is that these workers will not be doing the work of staff who are on strike, rather they will clear any backlog of post and deal with the Christmas rush Origins of the Royal Mail strike Sorrow and anger on picket line Send us your comments
Royal Mail says its recruitment is "fully in line with all employment law".Royal Mail says its recruitment is "fully in line with all employment law".
"The recruitment is not to bring people in to do our postmen's work when they are out on strike," the company said in a statement last week."The recruitment is not to bring people in to do our postmen's work when they are out on strike," the company said in a statement last week.
It insists its action is designed "to make sure that we have people to help clear any backlogs between strikes as well as to help ­- as happens every year ­- with the seasonal build up of mail in the run up to Christmas".It insists its action is designed "to make sure that we have people to help clear any backlogs between strikes as well as to help ­- as happens every year ­- with the seasonal build up of mail in the run up to Christmas".
Royal Mail told the BBC it had nothing further to add to last week's statement on the issue.Royal Mail told the BBC it had nothing further to add to last week's statement on the issue.
'Useful discussions''Useful discussions'
Royal Mail expects its backlog to have fallen from 30 million to five million items since last week's strikes.Royal Mail expects its backlog to have fallen from 30 million to five million items since last week's strikes.
The company said employees returned to work on Saturday to start clearing the piles of letters and parcels delayed by two 24-hour walkouts last Thursday and Friday.The company said employees returned to work on Saturday to start clearing the piles of letters and parcels delayed by two 24-hour walkouts last Thursday and Friday.
The CWU had claimed the backlog was in excess of 100 million items on Saturday.The CWU had claimed the backlog was in excess of 100 million items on Saturday.
Neither Royal Mail nor the CWU would comment after Monday's talks but TUC general secretary Brendan Barber said "we have had useful discussions".Neither Royal Mail nor the CWU would comment after Monday's talks but TUC general secretary Brendan Barber said "we have had useful discussions".
CWU deputy general secretary Dave Ward said the dispute was "fundamentally" about jobs but the issue of the Royal Mail's £10bn pension deficit also needed to be resolved urgently.CWU deputy general secretary Dave Ward said the dispute was "fundamentally" about jobs but the issue of the Royal Mail's £10bn pension deficit also needed to be resolved urgently.
He said: "There's no prospect of us building a successful future for the Royal Mail and for the workforce unless the government actually deal with that issue."He said: "There's no prospect of us building a successful future for the Royal Mail and for the workforce unless the government actually deal with that issue."
The talks are taking place at the Trades Union Congress (TUC), which helped to resolve a dispute between the two sides in 2007.The talks are taking place at the Trades Union Congress (TUC), which helped to resolve a dispute between the two sides in 2007.
If this week's strikes go ahead, they are due to involve:If this week's strikes go ahead, they are due to involve:
• Thursday - 43,700 staff in mail centres, delivery units in mail centres, network logistic drivers and garage staff walking out from 0400 GMT• Thursday - 43,700 staff in mail centres, delivery units in mail centres, network logistic drivers and garage staff walking out from 0400 GMT
• Friday - 400 workers at three sites in Plymouth, Stockport and Stoke, who assist mail centres by reading and entering mail addresses• Friday - 400 workers at three sites in Plymouth, Stockport and Stoke, who assist mail centres by reading and entering mail addresses
• Saturday - 77,000 delivery and collection staff across the UK.• Saturday - 77,000 delivery and collection staff across the UK.