More than 500 members of staff have been holding strikes since September in response to proposed changes to remove some paid breaks, reduce other breaks and end enhanced payments and days off in lieu for staff that work bank holidays.
The legal case coincided with extended dates of industrial action at the Wrexham factory.
Unite has now written to the manufacturer informing it that it was now pursuing Oscar Mayer for legal action on behalf of its members.
It planned to mount a series of unfair dismissal cases (where workers have been dismissed) and protective awards cases on behalf of its members, in which it claimed Oscar Mayer had failed to consult with the workforce prior to ‘fire and rehiring’ them. According to Unite, the awards claim alone could be worth in excess of £3m.
‘Remain disappointed’
Responding to the legal challenge, a spokesman for Oscar Mayer said: “We remain disappointed by Unite’s decision to undertake industrial action and by their public claims to date, which have been factually inaccurate.
“We have engaged fully and constructively with our colleagues and their representatives throughout this process and the majority of our employees have signed the new terms. At all times we have complied fully with all relevant regulations, continue to do so, and will defend our approach in the strongest terms should Unite pursue this spurious legal action.
“The changes we have made have not been made lightly but are absolutely necessary to ensure a long-term sustainable business and protect the jobs we provide in the local community. These measures also put us in line with the majority of other businesses in our sector and similar companies in the local area. We continue to engage with our colleagues.”
Industrial action
More than 500 Unite members at Oscar Mayer’s Wrexham site have been holding strikes since 12 September which were planned to end today (10 October). However, industrial action will continue for another two weeks, as it claimed Oscar Mayer had refused to enter into negotiations to resolve the dispute.
The union reported employment agency job&talent to the Employment Agency Standards Inspectorate over claims it was trying to hire people to hire labour to replace staff that were on strike.
Unite regional officer Jono Davies said: “The charge sheet is mounting against Oscar Mayer and its management as a result of its disastrous plans to fire and rehire its workers. The company could resolve this dispute tomorrow by dropping its fire and rehire plans and entering into proper negotiations with Unite.”
Meanwhile, strike action at a Tetley Tea factory in County Durham continued last week following two days of walk outs during September.
