temporary duty

[afrentiger]

I am a full time processing staff.
Can someone clarify whether a temporary duty, which is up to 6 months, qualify for shift allowance when on annual leave.
My current temporary duty finishes at 21:00 pm, and it normally attracts shift allowance of £21.56.
I have been informed by a bookroom manager that temporary duty holder do not entitle shift allowance when on holiday.

I always thought with the introduction of Agency Workers Regulation (AWR), temporary workers would get the same benefit as permanent staff when they work more than 12 weeks on the same role.

Can someone enlighten the rule ?

[afrentiger]

Employers must not treat workers on a fixed-term contract less favourably than permanent employees doing the same or largely the same job, unless the employer can show that there is a good business reason to do so.
Employers must also ensure that fixed-term employees get:
the same pay and conditions as permanent staff.
the same or equivalent benefits package.

Though my current duty was first advertised as a ‘temporary duty for a period of 6 months’; but I have been with Royal Mail for more than 20 years.

Shall I challenge Royal Mail on the ground of Fixed-term employment contracts, so that I could still get my shift allowance when on annual leave?

[TrueBlueTerrier]

I think to be honest you need to speak to an Area Rep or higher, but hopefully you might get some insight from members of RMC.

Unfortunately as I see it the AWR does not apply in your case, because you are not an agency worker. Also though your duty is temporary and for a fixed term, you yourself are not, at least after 20 years I hope you aren't, so any laws applicable to a Fixed Term or Temporary worker again would not apply.

You'll have to rely on agreements between the CWU and RM, hence my suggestion of contacting the Area Processing Rep.

[afrentiger]

My instinct tells me that I should entitle shift allowance, when on holiday, as part of Way Forward agreement.
Even in the worst case scenario, I should get at least 3 weeks’ shift allowance paid pro rata, when on holiday, for a 6 months' temporary duty.

[pcb]

Yes you qualify for the shift allowance whilst carrying out the duty temporary or permanent as per WFA 2000. If RM don't pay you, ask Area Rep to start tribunal proceedings against the book room manager as well as a grievance.

[afrentiger]

Employees not receiving an assigned allowance who are required to attend ad hoc within conditioned hours on a relevant shift(e.g. as a reserve) will receive a one-off pensionable (or part-pensionable at night) and contributory payment for each attendance. This will be equal to the weekly amount divided by the number of attendances to which they are conditioned for that week (e.g. for a single night shift of a five day week it would be £12.24). Where someone is required to work ad hoc within conditioned hours on a shift attracting a higher payment than their usual job then the additional payment will be based on the difference between the two shift payments. However where employees arrange with their Resourcing Unit to exchange or swap their attendance voluntarily for personal reasons, for a period of less than a week, there will be no additional payment and no change to the normal shift payment arrangements for the employees involved. For temporary shift changes of a week or more, the allowance will be paid to each employee at the appropriate for the shift actually worked.’

As my Area Rep was not available last week, I went to see my bookroom manager with a copy of Way Forward Agreement.
Somehow, he pointed out to me that ‘for temporary shift changes of a week or more, the allowance will be paid to each employee at the appropriate for the shift actually worked.’

Has he wrongly interpreted the last sentence to my situation?

[LinChong]

If the post is expected to be vacant for longer than 13 weeks, someone should be temporarily promoted to fill it. On temporary promotion, you should be trated the same as someone who permanently does the duty.

[afrentiger]

justsayit@royalmail.com <justsayit@royalmail.com>
Have sent a letter to the above address

" As the needs arise, we just do it.
In November there was a requirement for a temporary post due to on going re-development of … Mail Centre. A duty was advertised, and I got the job.

For two weeks in February, my shift allowance was not paid when I was on annual leave.
I have shown bookroom staff and bookroom manager a copy of Way Forward Agreement that I should be paid. They read the Way Forward Agreement carefully, and they have not found any reasons of not paying me, but they have not informed Chesterfield to pay me.

Though I only work at this Mail Centre for a few months; but I have been continuously working for Royal Mail for 26 (twenty six) years.

Can you help to address this issue? "

[afrentiger]

Many thanks for helpful advice.
The matter has now been resolved to my satisfaction.