Pay Protection under MTSF 2

[CTPostiemk2]

How does this work as it seems to be open to interpretation. I am currently in receipt of night allowance and looking to go to new Medway mail centre on nights. Late turn is an impossible shift for me due to family. Next option for me would be a local delivery unit but even this would mean some serious childcare issues so the 3 years protected pay would come in handy.
If i have nights as my first choice and then a delivery unit as my second, would i be entitled to pay protection as we are currently being told NO by RM and Union man involved in new Medway Mail Centre. However local reps and fellow colleagues have spoke to other Union Reps who say that we will be entitled to it.

How do we get this in black and white as we are due to make our choices in next couple of weeks??

[Martin Walsh]

It will depend on whether there are enough night jobs in the new Medway Mail Centre for you to obtain a job based on the criteria which is MTSF 2 ie shift seniority. If there are not enough jobs on nights for you to obtain one then if your second choice is a delivery office then you will be entilted to pay protection.

The reason being is that Royal Mail are closing your mail centre which is a compulsory move and that means your preferences are deemed compulsory moves and therefore pay protection kicks in automatically when you cannot obtain a duty in the new mail centre based on your shift seniority.

[drb]

MTFS 2 (Manage The surplus framework(updated version)

5.1.1 : An employee who has been displaced as a consequence of business driven change cannot be found a suitable alternative job that attracts less favorable terms and conditions or allowances ,because the new job is :

a) Lower grade in the same or different Business unit
b) A broadly similar level in another business unit with different pay structures;or
c) The same grade but which does not attract the same allowances or shift payments

5.1.2 Eligibility for pay protection will only occur where an employee is displaced and loses a level of pay as a consequence of business driven change. Employees will not be eligible where they elect to change shift as part of a normal resourcing process or where individuals elect to participate in a resign voluntarily. Eligibility will be based on the combined total of basic pay,pensionable allowances,and regional pay.

5.1.3 Pay protection is intended to limit the change impact on employees earnings and pensions in the most cost effective way for the employee and Royal Mail. Such payments will cease being made to the employee on returning to his/her original level of earnings.

[CTPostiemk2]

It will depend on whether there are enough night jobs in the new Medway Mail Centre for you to obtain a job based on the criteria which is MTSF 2 ie shift seniority. If there are not enough jobs on nights for you to obtain one then if your second choice is a delivery office then you will be entilted to pay protection.

The reason being is that Royal Mail are closing your mail centre which is a compulsory move and that means your preferences are deemed compulsory moves and therefore pay protection kicks in automatically when you cannot obtain a duty in the new mail centre based on your shift seniority.

Thanks dingo, the shift seniority is the sticking point for me. We are being told that it is being done on receivership of allowances. For example Person A has 6 years with the business all on nights. Person B has 15 years with the business but only 4 years on nights. Person A has seniority over Person B.

[Martin Walsh]

The example you give is correct under MTSF 2.

Whether it is right is open to debate. Royal Mail"s argument is that if you allowed pure seniority to decide the selection for jobs then this will mean that they will pay double. The first for the person who has by his seniority has just signed into a new shift allowance and also to the person who as a result has lost his shift allowance and now requires pay protection. The CWUs argument for changing MTSF 2 and using just pure seniority is the scale of change which is being made means that it would be unfair to use just shift seniority.

It will not be easy to win this arguement and you will upset as many as you please but I personally do believe it's the right principle. But I am not convince you would get a yes vote on that issue alone

[CTPostiemk2]

I agree that it should not be a seniority re-pick but seniority within a shift seems fair to me.

From your example you talk of having to pay twice but the selection for nights is being done from current night shift first (already receiving allowance) but not by years of service but receipt of allowances. So i could have done 20 years for Royal Mail with Five years night service and Joe Bloggs has done 7 years with Royal Mail and 7 years night service, he would pick into the last available duty before me is this correct?

Have other mail centre closures been done under MTSF 2? Also if i have deliveries as my second option will i then receive pay protection if I can't get put onto night shift? Family commitments mean i cannot do a late turn.

I will pester no more and thanks for your help.

[Martin Walsh]

No problem. In London we do have shift seniority in East and South London . Remember Royal Mail can only track shift allowance back to the way forward in 2000. Prior to that was NDA which cannot be tracked . This is why in London they have moved to shift seniority. Good luck !