RMT General Grades Committee decision:

We note the legal advice received.

We are disappointed with the advice that LUL can lawfully change its electronic communications policy without consultation or first seeking the consent of employees or the union. This illustrates that employees’ and trade unions’ rights under the law remain very limited and employers’ powers very great.

We further note the advice regarding disciplinary action for breach of the guidelines.

We note that our legal adviser recommends that “an agreement is sought with LUL regarding the circumstances when the emails between reps, union and members can be accessed and monitored and the procedure which has to be followed.” We instruct the General Secretary to act in accordance with this recommendation; seeking to ensure the maximum confidentiality for communication between members and reps. The proposed agreement is to be placed in front of us.

Once such an agreement has been reached, we instruct the General Secretary to prepare draft guidance for our representatives on London Underground’s electronic communications, in order that they may use the company’s electronic communication facilities to best effect, while minimising the risks of intrusion or disciplinary action.

London Transport Regional Council and branches with London Underground members to be advised.