Annualised hours

[Barnacle]

I think it is more important than ever to never ever come back and sign out early. If there are zero early finishes, there is no time to be banked.

I don't think you are getting the banking of hours, you will be told what time to come back mail or no mail

So if they tell you to be back at 1 because they plan to bank 1.5 hours per postie, you make sure you finish at 2.30 as per our contract. I am not doing overtime for free when they decide they want it. Their plan will leave us all owing them money in banked hours.

[Barnacle]

Just say no to having your contract changed unlawfully

It’s time to get arsey. I want everything in writing.

[pieoftheday]

I think it is more important than ever to never ever come back and sign out early. If there are zero early finishes, there is no time to be banked.

I don't think you are getting the banking of hours, you will be told what time to come back mail or no mail

So if they tell you to be back at 1 because they plan to bank 1.5 hours per postie, you make sure you finish at 2.30 as per our contract. I am not doing overtime for free when they decide they want it. Their plan will leave us all owing them money in banked hours.

Whilst agree with what you argue ,this is definitely where we need some official guidance from the union. Although I have previously said they cant change our contracts without agreement, do some of our contracts have it written in them that they can?.its a bit like reading Ts +Cs, nobody does so it's easy to be caught out . So I'll be contacting my Rep on Monday and area branch, might be a good idea for lots of us to do the same

[yellowbelly]

It might be executive action but from what I understand an employer cannot change an employees contract without the employees agreement. See ACAS and GOV.UK

Well it seems they possibly can, but there are obviously stages of procedure for the employer (and the employee if it is not agreed)
to go through - you've mentioned the ACAS website, there's a whole thread on it:

https://www.acas.org.uk/changing-an-emp ... ct-changes

[redlen]

People are saying they cannot change your contract of employment. But?

What precisely are the Implied and Express terms in your contract they are actually changing?

This is important

[guardianangel]

Its simple if we win the ballot we have got to walk out and stay out and bring the company to a halt or at least have 3 or 4 days in a row,we will not reign these toerags back in by having 2 days here 2 days there,if you dont like the changes you either strike and hopefully bring us back from the brink or leave.

Imho cwu will not get the backing for what your proposing.

Sadly if not we either put up with it or leave ,our union and what they do next is our only hope for them and us,if there is ever a time to stand up and fight its now if you can't afford to strike or dont want to work under an Evri style regime its now time to leave.

Seriously who can afford to strike esp in this cost of living crisis.majority will hold out with 1 or 2 days but like i already said not what you are proposing.personally will strike as long as it takes but not too many in that position.

Personally i think if we do 2 days here or there we are done for, royal mail will ride the wave while the union capitulate to oblivion,as i said stand and fight or if you accept an Evri style job go back to work or if not now would be a good time to leave.

[FilthyBloke]

Its simple if we win the ballot we have got to walk out and stay out and bring the company to a halt or at least have 3 or 4 days in a row,we will not reign these toerags back in by having 2 days here 2 days there,if you dont like the changes you either strike and hopefully bring us back from the brink or leave.

Imho cwu will not get the backing for what your proposing.

Sadly if not we either put up with it or leave ,our union and what they do next is our only hope for them and us,if there is ever a time to stand up and fight its now if you can't afford to strike or dont want to work under an Evri style regime its now time to leave.

Seriously who can afford to strike esp in this cost of living crisis.majority will hold out with 1 or 2 days but like i already said not what you are proposing.personally will strike as long as it takes but not too many in that position.

Personally i think if we do 2 days here or there we are done for, royal mail will ride the wave while the union capitulate to oblivion,as i said stand and fight or if you accept an Evri style job go back to work or if not now would be a good time to leave.

I’m not a union man but I agree with you. 2 day strikes are pointless now. It needs to be 5 day strikes and then a week off and maybe another 5 days the week after.
Sadly I’m not sure people can afford that so in many ways the union have their hands tied a little.

Somebody mentioned the work to rule and overtime ban but in my office people tend to grab what they can and pretty much do what they want (some still finish early). They are happy to stick two fingers up to their colleagues there but will always go on strike. I find the mindset of some a little strange but anyway….

These changes are being forced through though. My office has three union reps (with different titles) and they seem powerless to stop anything. The last gate meeting was met with groans by all accounts.

[Tman]

It might be executive action but from what I understand an employer cannot change an employees contract without the employees agreement. See ACAS and GOV.UK

Of course they can, do, and will, as they see fit.
Usually the employer will give sufficient notice of changes but that's all they're required to do by law.

[redlen]

That is why, when an employer makes a contractual change, you have three options:

1/ Accept the contractual change
2/ Do not accept the change and work under protest
3/ Resign and claim constructive dismissal

You only have to look at TESCO, and British Gas with contractual changes imposed. As long as sufficient notice of that, they give change is all that is required and objectively justified.

[pieoftheday]

So gov.uk is wrong?

[redlen]

No people's interpretation is wrong

Even though it has not been confirmed, any contractual term change within Royal Mail is going to change.That is pure speculation. It will be a national issue impacting all employees, not individual contracts.

Like I said, look at British Gas and TECO as a comparison with executive action.

[pieoftheday]

No people's interpretation is wrong

Even though it has not been confirmed, any contractual term change within Royal Mail is going to change.That is pure speculation. It will be a national issue impacting all employees, not individual contracts.

Like I said, look at British Gas and TECO as a comparison with executive action.

Is it lawful or not to change an employees contract of employment without agreement without previous agreement?

[pieoftheday]

Government. Says no

[yellowbelly]

Government. Says no

.gov initially says no changes must be agreed but then later on on the website pages it says:

https://www.gov.uk/your-employment-cont ... h-problems

Making a change without agreement
If an employer makes a change to a contract without getting agreement (including by using flexibility clauses unreasonably), employees may:

have the right to refuse to work under the new conditions
say that they’re working any new terms under protest, and are treating the change as a breach of contract
resign and claim constructive dismissal
be able to take a case to an employment tribunal
In Northern Ireland an employment tribunal is known as an ‘industrial tribunal’.

If an employee disagrees with new terms and conditions but does not say or do anything, this may count as agreeing to the changes.

[Barnacle]

Government. Says no

.gov initially says no changes must be agreed but then later on on the website pages it says:

https://www.gov.uk/your-employment-cont ... h-problems

Making a change without agreement
If an employer makes a change to a contract without getting agreement (including by using flexibility clauses unreasonably), employees may:

have the right to refuse to work under the new conditions
say that they’re working any new terms under protest, and are treating the change as a breach of contract
resign and claim constructive dismissal
be able to take a case to an employment tribunal
In Northern Ireland an employment tribunal is known as an ‘industrial tribunal’.

If an employee disagrees with new terms and conditions but does not say or do anything, this may count as agreeing to the changes.

So you can state that you are refusing to work under the new conditions as they have not been agreed and we are currently in dispute.