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LCR23165

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CD/25/178

RECOMMENDATION NO.  LCR23165

INDUSTRIAL RELATIONS ACTS 1946 TO 2015

SECTION 26(1), INDUSTRIAL RELATIONS ACT, 1990


PARTIES:

MARKS & SPENCER

AND

129 TEAM MANAGERS

(REPRESENTED BY MANDATE TRADE UNION)


DIVISION:

Chairman: Ms O'Donnell
Employer Member: Mr O'Brien
Worker Member: Ms Hannick 


SUBJECT:

Complaint under Section 26(1) of the Industrial Relation Act 1990.

BACKGROUND:

This dispute could not be resolved at local level and was the subject of a Conciliation Conference under the auspices of the Workplace Relations Commission. As agreement was not reached, the dispute was referred to the Labour Court on 18th June 2025 in accordance with Section 26(1) of the Industrial Relations Act, 1990.   A Labour Court hearing took place on 7th of July 2025.    

RECOMMENDATION:

The issue in dispute between the parties arises from a Management proposal to abolish the Team Manager role and create a new role which would have a lower pay rate but broader level of duties including management of staff.  The Employer also wants to create a role of Shift lead.

 The parties had met eight times, five times at local level and three times under the auspices of the WRC, but had not made progress on any of the issues. Based on the submissions to the Court and the conversations the Court had with the parties it became clear that key information had not been provided to the Unions and key issues around the implication of these proposals for staff members as individuals and as a collective had not been addressed. These issues were raised in the conversations the Court had with the parties.

 The Court having assessed the situation concluded that the best way forward was to recommend that the parties return to local negotiations, and that the first step in the process be the provision of all the relevant information to the Union around the key drivers for this change and any financial implications for the Company and the Workers.

 The Court so recommends.

Signed on behalf of the Labour Court
Louise O'Donnell
CC ______________________
18 July 2025 Deputy Chairman



NOTE

Enquiries concerning this Recommendation should be addressed to Ms Ceola Cronin, Court Secretary.