TO ALL RIVUS MEMBERS
Legal Action Confirmed
I am writing further to our briefing on 28th September and our email of the 10th October. However, I want to first thank those of you that have remained patient during the period since we last communicated with you.
As we stated at the time, we were and still are in consultation with our lawyers about the next steps but I can confirm that it is the intention of the union to make a legal claim against both Rivus and Holman for failure to consult on TUPE.
The legal requirements mean that this action is on behalf of the union as an entity and not individual members. It is the union’s intention that any financial remedy that may result will however, at least in part, be shared with those who were members of the CWU at the time of the service transfer on the 29th September and who remain members until the conclusion of the union’s legal claim against Rivus and Holman. This includes those members that transferred to Holman under the TUPE regulations.
However, we have after careful consideration decided to reopen membership for a limited period for members who were previously employed by Rivus and whose membership has lapsed since the 29th September. This is being done because some of you paid your union subscriptions through deductions from your Rivus pay and therefore, your CWU membership may have unwittingly lapsed.
Former Rivus members including those that transferred to Holman under TUPE, who were members of the CWU on the 29th September 2023, will have until Friday 26th January 2024 to re-join the union, via this link, Join the CWU. The period that we would normally give has been extended as a result of the Christmas and New Year break.
As we have stated previously, this legal action could take some considerable time to reach a conclusion and we will provide further updates.