LTB 215/23-Royal Mail Group: BRT&G Agreement Section 6.4 - Joint Statement and the Right to Representation

[POSTMAN]

LTB 215/23 – Business Recovery Transformation and Growth Agreement – Section 6.4
No. 215/23

21st August 2023

Dear Colleagues,

Royal Mail Group: BRT&G Agreement Section 6.4 – Joint Statement and the Right to Representation

Branches are advised we have concluded negotiations in respect of the Migration arrangements from the former standards to the new standards as part of Section 6.4 of the BRT&G Agreement and these have been endorsed by the Postal Executive. We have also finalised the Terms of Reference to establish the Joint Working Group which provides for a structured approach with positive timeframes for engagement on a range of aspects associated with Section 6.4.

The attached Joint Statement(https://www.cwu.org/wp-content/uploads/ ... ndards.pdf) details both the migration arrangements and introduces the right of appeal for both AR1s and AR2s. We elaborate upon these matters below.

Migration Arrangements to the New Standards

Attendance Review (AR)1

Members who have had an AR1 issued between 31st January and 30th April 2023 who have not had an absence will come off the procedure.
Members who have had 1 absence will continue with the original 6-month review period although the new standards of 3 absences or 12 days (compared to 2 absences and 10 days) will apply. If the absence is covered by the Equality Act, this will be discounted and the member will come off the procedure.
Members who have received an AR1 since 1st May 2023, will stay on the process and the new standards and extended timescales will apply.

Attendance Review (AR)2

Members who have had an AR 2 issued between 31st January and 30th April 2023, will revert back to an AR1, from the date of the original issue, with the new standards and extended timescales applying.
Members who have received an AR2 since 1st May 2023, will stay on the process and the new standards and extended timescales will apply.
We have secured improved migration arrangements for members who have been issued with either an AR1 or an AR2 prior to 1st May. The rationale for this approach is down to the fact the BRT&G Agreement was published on 21st April and therefore our members wouldn’t have been aware of the new standards in regards to AR1s or AR2s issued prior to this date. Following this logic, from 1st May AR1s or AR2s issued would have happened against the backdrop of the new standards being communicated.

The benefit of the Migration arrangements for those members who fall into the 31st January – 30th April timeframe is substantial in respect of numbers. Indeed, thousands of members who received letters to their home addresses will be positively impacted by the Migration arrangements.

The Right of Appeal and Union Representation for Members Receiving AR1s and AR2s

Branches and Representatives will be acutely aware Royal Mail published a revised Absence Policy which effectively removed the right of representation. This position was apparent from their wider communications, including training materials. We strongly objected to this development which amounted to Executive Action. The removal of the Union being able to support our members was obviously a blatant attempt to stop our influence in defending our members.

This fundamental issue has taken time to resolve, along with the various other aspects in Section 6.4. We are now able to report the following, which has been endorsed by the Postal Executive:

Formal Appeals Against the Issuing of AR1s and AR2s

There will now be formal appeals against the issuing of either an AR1 or an AR2. This approach will enable full Union representation whereby our members can, in a formal hearing, object to the issuing of the AR notifications. The attached Joint Statement makes it clear this is a “right” for the member and the grounds for appeal are as follows:

• An error has been made
  New information has come to light concerning an absence which ‘counted’
  An important factor leading to an absence that was not given due consideration
  Another point of mitigation

We are convinced the introduction of formal Appeals provides a much stronger platform for members and Reps to air their concerns and objections to the AR1s and AR2s. Indeed, the extension of the Welcome Back Meetings in the BRT&G Agreement in respect of counting absences, made the previously agreed arrangements whereby our Reps supported members prior to the issuing of the AR1s and AR2s exceptionally difficult to maintain. As a consequence, we have adopted a different approach and in doing so have delivered on the conference policy of securing appeals against the issuing of AR1s and AR2s.

Revising the Collective Agreement for Attendance

As a consequence of the above, it is recognised by both parties the Collective Agreement on Attendance has been fundamentally changed following the BRT&G Agreement and subsequent Joint Statements. We have therefore committed to negotiate a revised Attendance Agreement, hopefully by the end of September to reflect these changes.

Any enquiries should be send to the PTCS Department via email to khay@cwu.org

Yours sincerely

Andy Furey Carl Maden
A/Deputy General Assistant Secretary

Secretary (Postal)