CWU update

[Martin Walsh]

This is the latest position on average holiday pay


No. 494/20

9th October 2020


Dear Colleagues,

AVERAGE PAY ON ANNUAL LEAVE (HOLIDAY PAY) IN ROYAL MAIL GROUP

Further to LTB 474/20 circulated on 29th September 2020, the purpose of this LTB is to provide Branches with a full update on the multiple cases against Royal Mail Group concerning average pay on annual leave (holiday pay).

Branches will appreciate that the issue of average pay on leave has become prolonged due to COVID-19, as well as the varying legal processes throughout the United Kingdom. In effect this has meant that the multiple claims are progressing at different timescales, with the multiple claims in England and Wales ahead of those in Scotland and Northern Ireland.

England and Wales

For the multiple claims in England and Wales the DGS(P) Department has been involved in meetings with both Legal Services and Unionline. The aforementioned LTB advised Branches that a case management hearing was due to be held on 30th September 2020, followed by a preliminary hearing at the Bristol Employment Tribunal Centre on 5th October 2020.

Following the preliminary hearing the DGS(P) Department had a further meeting with Legal Services and Unionline on 7th October 2020. This was arranged in order to discuss the timeline for a full hearing and the key dates in advance of an Employment Tribunal.

During this call Unionline informed the Department that the Regional Employment Judge (REJ) had stated that there are now circa 5,500 claims in England and Wales. Additionally the following timelines were established:

• Claimants to do further and better particulars (F&BP) of lead claimants’ cases by 2nd November 2020 and ‘Schedules of loss’ by 16th November 2020.

• Lead Claimants to be agreed by 21st November 2020.

• Respondent to lodge ET3s by 8th February 2021 (having requested more time due to workload during the Christmas period).

• Disclosure by list and copy by 22nd February 2021.

• Bundle supplied by 22nd March 2021.

• Witness statements by 24th May 2021.
• Case management discussion by phone on 2nd June 2021 at 10am.
• Hearing listed for 21st June to 2nd July 2021 for 10 days.

Unionline also reported that the REJ had stated that around 7 of every 10 claims require extra work because the claimants have not indicated which union represents them, or that they have already lodged an Employment Tribunal. In light of this Branches should once again note that:

• Claimants must not contact the Employment Tribunal individually if they are being represented by the union.

• Members that have already presented an ET claim form and had this registered do not need to submit another one, but should ensure they keep a record of any additional leave that is taken.

• Members who do not have a current claim registered as an ET will need to start a fresh claim initially through ACAS as previously advised.

Scotland

Branches should note that the Royal Mail Group cases in Scotland are still sisted in the Edinburgh Employment Tribunal. Unionline in Scotland have advised that in light of the test cases taking place in England, the Tribunal will keep the sist going in Edinburgh because the cases in Edinburgh arise out of the same factual and legal basis of the cases in England. The solicitor from Unionline Scotland will be contacting the Tribunal in Edinburgh as well as the solicitor for Royal Mail next week in order to update them about the development of the English tribunals and will suggest having a case management discussion to agree a way forward in Scotland.

Northern Ireland

The outcome of the case involving the Police Service of Northern Ireland has still to be determined and a date is awaited. Therefore the situation in relation to the claim against Royal Mail Group remains unchanged at present.

The union has now been in dispute with Royal Mail Group regarding the issue of average pay on annual leave for a considerable time. Branches will however appreciate that there are now definitive timescales for the English and Welsh multiple claims that the Department together with Unionline and Legal Services can work towards.

The current financial state of Royal Mail Group has undoubtedly also had an impact on their willingness to complete an acceptable collective national agreement thus far. As time moves forward the aforementioned dates may however help to concentrate minds and the union will continue to strive for an acceptable national agreement on this matter.

It remains imperative that Branches continue to maximise the number of claims, as the greater number of claims submitted the more people that will ultimately benefit.


I would like to place on record my thanks to the Legal Services Department and Richard Crabtree from Unionline for the work that they have completed in order to pursue the multiple claim at the scheduled Employment Tribunal.

Finally I would also like to thank Branches for their continued efforts regarding this matter and would request that the content of this LTB is given the widest possible circulation.

Any enquiries in relation to the content of this LTB should be addressed to the DGS(P) Department.

Yours sincerely,


Terry Pullinger
Deputy General Secretary (Postal)

[Grumpyoldmailman]

Is the 6 month review on making up part timers still actually a thing?. I know at my office nobody has been made up for at least 4 year even though half of them are working above and beyond full time hours. Yes they can say no to the work but then the bullying and harassment element comes into play because of the poor culture.

[Phantom]

We have been clear on our programme and the operational changes we need to make, including more regular revisions across delivery, processing and distribution, and our continuing network change programme (e.g. parcel hubs and van delivery).

NO, NO, NO!!!
They have not made it clear what operational changes they want, it's all piss and wind at the moment and this, is what I think is the main issue here and how to break it to members of staff what they actually want.

Nobody on this forum knows what's to be expected of them regarding duty structures, start and finish times, 5 day, 6 day or 7 day working patterns??? packets only? letters only? pay rise?, shorter working week? no one knows.

Communications about the progression of talks have been completely shite from both sides.

I am a backer of the CWU and I know without it we would be in a complete shithole but members do need more information.

[dolphlundgren73]

35 hour working week on same pay would technically be a pay rise, pro rata that is, for all staff 35 hours and less a week
Thats what was promised and agreed years ago by CWU.

[tractorboy2]

From Of Com -

Access mail is the main form of competition in the letters market in the UK and is facilitated by access to Royal Mail’s postal network. This means other bulk mail providers collect mail from businesses and other organisations, sort it and then insert it into Royal Mail’s network for delivery.

So going by this , DSA mail should go into mail centres and separated straight to DO's , without further processing.
Bulk mail providers actually only sort it down to mail centre level.

[Cucumber]

I often have a wry smile when some of the operational changes that we may face in the future are 'leaked'.
Some that stick out are longer delivery spans and not going to every door each day.
For the past 8 months, (and no doubt well into the future) we've been out for between 5-5.5 hours a day (sometimes longer) and are lucky to hit the same streets 4 days a week out of 6. I know that as an office we are far from unique in that respect.
I remember when shared vans first began, 12-13 years or so ago. It took just short of a decade (willing to be corrected) to move all offices that could van share to do so. Why the constant snails pace to implement any changes within this company?

[clashcityrocker]

After months of being treated as cannon fodder during the pandemic and months of being kept in the dark about the future shape of our jobs I couldn't care less what they come up with.
It could well be the deal of the century but I will be voting no.
f**k them all.

[yubin282]

After months of being treated as cannon fodder during the pandemic and months of being kept in the dark about the future shape of our jobs I couldn't care less what they come up with.
It could well be the deal of the century but I will be voting no.
f**k them all.

me too.... i voted NO with the 4 pillars thing. I had an idea that we would be back to square 1 or square 0 and I've been proved correct

[cobrakai]

We fall for this every time. They delay and delay until xmas finished then we are back to square one. I’ve not much hope for the current “peace deal” its just another way to keep the rank and file quiet.

[scoobydo79]

RM are mugging us and the union off agai n.Get through Xmas and stick it to us in the New Year. Bigger deliveries, bigger frames,more walking,later start times and later finish time.

[tmac]

I don't have much faith in getting a good deal. Even if we did who's to say in 6 months time once again Royal Mail goes back on its word .

[scoobydo79]

I don't have much faith in getting a good deal. Even if we did who's to say in 6 months time once again Royal Mail goes back on its word .

^^^^Yep. We thought We had a deal last time and Rico went back on the deal.Dont believe a word they say.

[toonshola]

I also think there is zero chance of a decent deal being made and the union hierarchy are either deluded in thinking so or even worse they are flat out lying to the members giving false hope. It’s all a load of shite. Royal Mail will get through the next 5 weeks then the knives really will be out.

[wandle]

RM are mugging us and the union off agai n.Get through Xmas and stick it to us in the New Year. Bigger deliveries, bigger frames,more walking,later start times and later finish time.

The old rationale about Royal Mail getting through Xmas and then calling the union’s bluff does not apply any more. Internet shopping and parcels through the roof are here to stay, at least until mass redundancies in retail, hospitality, banking etc kick in.
RM have got us by the balls because we would be absolutely vilified by the public if we were to even ballot for strike action in the middle of a pandemic, let alone actually GO on strike.

[Woody Guthrie]

I think to be honest with a Tory government and a majority right wing press in this country it wouldn't matter when or what the circumstances were we would be vilified.

Vilified is something you just have to suck up if you want to go on strike.