Jerry Hicks

This branch views with alarm the misuse of our members subscriptions in the obscene severance payment of £361.000 to the retiring Joint General Secretary, Derek Simpson. Mr Simpson who in any event is receiving a pension that the vast majority of our members could only dream of.

It is stated by Unite the Union that this payment was approved in March 2008 at a meeting of Amicus Section, General Purpose and Finance Committee (GPFC).

Can I draw your attention to the fact that the constitutional requirement for such a meeting and its powers contained in Amicus Section Rule 25 (14) and (15) are /were the following…………

(14) The GPFC. Shall meet before each National Executive Council (NEC) meeting and on such other occasions as the General Secretary, in consultation with the chair, may consider appropriate.

(15) The GPFC Shall consider and make recommendations to the NEC on: (b) The appointment and terms and conditions of employment of full time officers. (d) Such other matters as may be referred to it by the NEC or the General Secretary.

In respect of rule 25 (14):

1. Was the meeting in March 2008 held prior to a proper constituted NEC meeting? Or

2. Was the meeting approved by the General Secretary Derek Simpson after consulting the chairman, Steve Davis?

3. If neither, would you agree that, that meeting was outside the rule?

In respect of rule 25 (15) (b) (d):

4. Would you agree that the GPFC had only the power to recommend any changes to full time officer’s terms and conditions of employment?

5. Did the GPFC recommend any such changes to the NEC?

6. Did the NEC agree to any such changes? 7. If so, when?

8. Was the question of a severance payment to Derek Simpson referred to GPFC by the General Secretary, Derek Simpson? Or

9. Was it referred to the GPFC by the NEC?

Unite General Rules. 3.6 and 3.10

3.6 No individual or group from either section shall hold themselves out as representing the whole of the union in any financial matter, or otherwise place a binding financial commitment on the other section or the fully merged union, unless that approach / transaction has been agreed by the Joint Executive Council or in writing by both Joint General Secretaries.

3.10 All officers, officials and staff employed by the union … will be under the ultimate control of the Joint Executive Council whose approval shall be required before changing their terms and conditions of employment or superannuation arrangements.

10. Would you agree the GPFC had no authority under the Amicus section rules to change the terms and conditions of any officer, official or employee of Unite, including Joint General Secretaries?

11. Would you agree that if the change to Joint General Secretary, Derek Simpson’s, terms and conditions of employment, had been legitimate, such a change, placing a financial liability on the union should been notified to the Certification Officer in  June 2008?

Finally, it is our view that when all things are taken into consideration, that the payment made to Derek Simpson was in contravention of rules and possibly fraudulent.

We await your response, Yours fraternally;