The form for withdrawing your claim from the tribunal

[POSTMAN]

Thanks to User Cichlid

CLAIMS LETTER AND FORM TO CLAIMANT.docx

[Kaning It]

Thanks to User Cichlid

CLAIMS LETTER AND FORM TO CLAIMANT.docx

I wonder why no mention of the 8hr x 6 month criteria which has seen lots lose their holiday pay. Just the impression it’s a good deal worth the withdrawal of valid claims.

[Boboskins]

That's my issue with this. I withdrew my claim due to the CWU not backing me and being quite naïve in thinking that I would have to go through the courts using my own money to pay for legal fees. Now I realise after reading the various threads that if it goes through ACAS its free anyway! So on that point can I resubmit a claim? After seeing the calculations RM have done I'm one of those that have got nothing because of missing 30mins in one month but I totalled close to 70hrs for the 6 month period. Also being on a Wallington week seems to have gone against me. The maddening thing about this is I've had people who aren't in the Union tell me they got backdated holiday pay and they'd done fewer hours but scraped though the criteria and all without paying subs into the Union. I'm honestly seriously thinking of ditching the membership at least I'll be better off by £180 a year!

[woofwoof]

Same here fuming

[Kaning It]

That's my issue with this. I withdrew my claim due to the CWU not backing me and being quite naïve in thinking that I would have to go through the courts using my own money to pay for legal fees. Now I realise after reading the various threads that if it goes through ACAS its free anyway! So on that point can I resubmit a claim? After seeing the calculations RM have done I'm one of those that have got nothing because of missing 30mins in one month but I totalled close to 70hrs for the 6 month period. Also being on a Wallington week seems to have gone against me. The maddening thing about this is I've had people who aren't in the Union tell me they got backdated holiday pay and they'd done fewer hours but scraped though the criteria and all without paying subs into the Union. I'm honestly seriously thinking of ditching the membership at least I'll be better off by £180 a year!

You can put in a new claim based on not getting what you expected in this pay round. Make it clear it’s about the pay you have just received. It will then be up to RM to argue that you accepted the terms, that could get technical at a later stage. Put on the form how many hours you worked in the 6 months and that you didn’t get paid any holiday pay despite doing regular overtime.

It won’t cost you anything to give it a go and RM may well pay you the extra to settle the new claim rather than argue. And actually, the withdrawal form says you agree to withdraw and not restart the claim. It doesn’t say you can’t start a new one so that will be your argument if RM try to stop your new claim.

[yellowbelly]

That's my issue with this. I withdrew my claim due to the CWU not backing me and being quite naïve in thinking that I would have to go through the courts using my own money to pay for legal fees. Now I realise after reading the various threads that if it goes through ACAS its free anyway! So on that point can I resubmit a claim? After seeing the calculations RM have done I'm one of those that have got nothing because of missing 30mins in one month but I totalled close to 70hrs for the 6 month period. Also being on a Wallington week seems to have gone against me. The maddening thing about this is I've had people who aren't in the Union tell me they got backdated holiday pay and they'd done fewer hours but scraped though the criteria and all without paying subs into the Union. I'm honestly seriously thinking of ditching the membership at least I'll be better off by £180 a year!

Can you resubmit a claim? You can try but doesn't the claim have to submitted no later than 3 months less 1 day after
the inorrect payment? So no later than 3 months less 1 day after your leave period than your claiming for? So although
you had a claim 'in' you withdrew it so maybe ACAS would say any claim for anything before mid July this year is
outside the time scale for claiming.

Regarding costs - yes initially going through ACAS is free but if it proceeds to ET you could incur legal fees/charges, as
the CAB website says, prepare carefully:

https://www.citizensadvice.org.uk/work/ ... nal-claim/

[Kaning It]

That's my issue with this. I withdrew my claim due to the CWU not backing me and being quite naïve in thinking that I would have to go through the courts using my own money to pay for legal fees. Now I realise after reading the various threads that if it goes through ACAS its free anyway! So on that point can I resubmit a claim? After seeing the calculations RM have done I'm one of those that have got nothing because of missing 30mins in one month but I totalled close to 70hrs for the 6 month period. Also being on a Wallington week seems to have gone against me. The maddening thing about this is I've had people who aren't in the Union tell me they got backdated holiday pay and they'd done fewer hours but scraped though the criteria and all without paying subs into the Union. I'm honestly seriously thinking of ditching the membership at least I'll be better off by £180 a year!

Can you resubmit a claim? You can try but doesn't the claim have to submitted no later than 3 months less 1 day after
the inorrect payment? So no later than 3 months less 1 day after your leave period than your claiming for? So although
you had a claim 'in' you withdrew it so maybe ACAS would say any claim for anything before mid July this year is
outside the time scale for claiming.

Regarding costs - yes initially going through ACAS is free but if it proceeds to ET you could incur legal fees/charges, as
the CAB website says, prepare carefully:

https://www.citizensadvice.org.uk/work/ ... nal-claim/

The payment has only just been made and so the claim will be within 3 months. It will be a new claim and not a restart of the old one (which is not allowed under the withdrawal agreement anyway).

[Boboskins]

Thanks for the advice. If I do start a new claim after reading the ACAS website it states that I need to put in a grievance at work first, will this help my case? If I do have to write one do I have to wait for a reply from that before progressing with going through ACAS. Sorry for all the questions I'm a relative noob in Royal Mail, ONLY 7 years, and basically kept my head down and did the job so I've never put in a grievance before (came close a few times though!). But after the past 18 months of stress we've all had in this job and the fact that I'm regarded by the DOM as a 'float', even though I am signed to a round, doing 2, 3 days mail on different rounds for a long period of time took it's toll and to miss out on the holiday pay due to a ridiculous criteria that no one knew of at the time they did the OT is the last straw.

Thanks again

[Kaning It]

Thanks for the advice. If I do start a new claim after reading the ACAS website it states that I need to put in a grievance at work first, will this help my case? If I do have to write one do I have to wait for a reply from that before progressing with going through ACAS. Sorry for all the questions I'm a relative noob in Royal Mail, ONLY 7 years, and basically kept my head down and did the job so I've never put in a grievance before (came close a few times though!). But after the past 18 months of stress we've all had in this job and the fact that I'm regarded by the DOM as a 'float', even though I am signed to a round, doing 2, 3 days mail on different rounds for a long period of time took it's toll and to miss out on the holiday pay due to a ridiculous criteria that no one knew of at the time they did the OT is the last straw.

Thanks again

A message to HR to ask why you haven’t been paid (with their reply) will suffice. They will come back to say you didn’t qualify and that will cover you. No need to bother with formal grievance procedure as this is a well known issue and there is nothing managers can do about it as it’s a RM policy issue not a line manager/office issue.