Working for Nothing COPS for Free

Implied Terms

NB Interesting and very apt comment from Iain follows this post – make sure you read it

The decision coming soon from Justice Fraser will focus on the implied terms in the contract between Post Office Ltd (POL) and the Subpostmaster .   These are unwritten clauses that are assumed to be in place as no contract can possibly cover all eventualities.   POL have agreed already that one such implied term would be that the subpostmaster is not responsible for any losses caused by a Horizon error even though that is explicitly not written into the contract.  A contract which was not changed in any way after the introduction of Horizon in 2000 and very pointedly a clause concerning Horizon was not inserted in the new contracts written for Network transformation.

The JFSA lawyers have specified the implied terms they consider are appropriate to their case, which POL are refuting, but there are certainly more implied terms that are worthy of disputing with POL.

For instance, on the RunaPostOffice website (www.runapostoffice.co.uk) that POL uses to advertise Post Office opportunities to aspiring subpostmasters, it clearly states under the ‘How do the Fees Work?’ tab, that “You get paid a fee for every Post Office transaction – postage, home shopping returns, Local Collect (parcel collection), travel money, easy bill payments, e top-ups, MoneyGram and much more.

Now a transaction is commonly described, in commerce terms, as an exchange of goods or services between a buyer and a seller.  In accounting terms it can also be described as an event that effects a change in liability and/or establishes a legal obligation.

Regardless of what the contract says regarding Fees Payable or its definition of what a transaction is, the runapostoffice declaration is seen by the newsubpostmaster before he signs it and there is no definition other than the above common description of a transaction.  There can be no dispute that this implied payment for all transactions based on common acceptance of the term ‘transaction’ carries through as an implied term into the contract.

Now take for instance a transaction that is very common for all subpostmasters and who do not receive payment for it from POL: a Certificate of Posting (COP).   This can be asked for by anyone posting a mail item regardless of whether or not they purchased the postage at the branch they request the COP from.   It satisfies all the requirements of a common understanding of what a commercial transaction entails i.e. providing a service and it also satisfies the common understanding of what an accounting transaction entails i.e. establishes a legal obligation.

POL of course would argue otherwise and it could be interpreted that those subpostmasters who received a Core Tier Payment were remunerated for transactions that did not attract a payment from customers and this was included in the core part of the remuneration.  However this core tier payment was done away with under NT so that causes a problem for them.

Not only that but it is extremely likely that in the near future Subpostmasters will be conferred Worker Status thanks to the efforts of Mark Baker and his team and among all the benefits that brings is the obligation to remunerate for ALL work carried out on behalf of the ‘employer’.  There is no escaping the fact that POL will be required to introduce payment for Certificate of Posting once worker status is confirmed.   That leads to the possibility of back payments which on top of all the additional costs being incurred at the JFSA trial and Worker benefits places POL in an extremely dire financial position.

There is certainly one implied term missing – POL ARE IN DIRE STRAITS…..

Advertisements

2 thoughts on “Working for Nothing COPS for Free

  1. Exactly so Tim.

    But arguably, even more fundamentally under NT, we do not get paid for counting stock in, end of day/month balancing – so the very items of work that crystallise any shortfalls we have to cover are carried out for FREE.

    And as we only JUST about get paid enough for the time transactions take, when you add in these ancillary (used to be covered by CTP) tasks, for every £100 of work I do for the PO – for time taken only, no breaks, holidays, down time, slack time, LITERALLY just elapsed times, they pay me £89.

    So if that 11% deficit is common across all branches, the £371m the PO pay SPMRs is short by about £40m, and every SPMR is subsidising HMG/POL.

    And despite that £40m of FREE effort, POL only managed to make £35m profit.

    Imagine how much money a properly managed company could make if they robbed their employees of 11% of their wages???

    How does that sit with your anti slavery policies Paula?

    Like

  2. It cannot be right that 12 years ago I was being paid more than I am now by POL!

    Additionally the amount of work I am doing now is far greater than 12 years ago.

    Something surely should be done about the loss of the CTP (Core Tier Payment)

    Basically at the stroke of a pen I lost £12000 per annum.

    I cannot for the life of me think of any other profession which would take this sort of cut “laying down”.

    Chris
    Crick PO

    Like

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google photo

You are commenting using your Google account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s