Can Royal Mail legally do this?

[pinstripe]

Following my office’s imposed revision 2 years ago, we’re having another to sort out the too long walks and too long lapsing attached to these walks. Our office hasn’t cleared since this revision.

The new revision was supposed to put walks back in and make the office USO compliant.

That was then, now, they want more walks out and 5 hour delivery spans

To achieve this they want the whole office full time, with all part timers being made up to 35 hours. Sounds good IF the part timers want to go full time, but there is a rumour they will be on the new terms and conditions, which they will not accept.

So the question is, can RM force part timers to go full time on inferior terms and conditions?

Rep is on leave so can’t ask him

[eggraidonmojo]

Quite possibly it's not legal.

Union are trying to come to some agreement on it at the moment.

"Discussions continue concerning resolving the issue of part timers who increase their hours
up to full time being able to remain on their current contract of employment. These
discussions are being covered in our meetings on USO reform and new entrants’ terms and
conditions."

From this LTB: https://www.cwu.org/ltb/ltb-290-24-inte ... oyal-mail/

There was also this, last year:

https://www.cwu.org/ltb/ltb-199-23-brtg ... job-share/

Hopefully some good news soon.

[iHateD2Ds]

A new contract is being offered with lesser terms and pay but RM can’t force anyone to accept one.
I would remain at 30 hrs than take a newer contract with no paid break and having work Sundays!

[TrueBlueTerrier]

So the question is, can RM force part timers to go full time on inferior terms and conditions?

Rep is on leave so can’t ask him

I asked ChatBoxAI he said

In the UK, employment law provides certain protections for employees, including part-time workers. Here are the key points regarding whether Royal Mail or any UK employer, can force part-time employees to switch to full-time employment under inferior terms and conditions:

Contractual Agreement: Any changes to an employee's contract, including moving from part-time to full-time, typically require mutual consent. Employers cannot unilaterally change the terms of employment without the employee's agreement unless there is a specific clause in the contract that allows for such changes.

Part-Time Workers' Rights: Under the Part-time Workers (Prevention of Less Favourable Treatment) Regulations 2000, part-time workers should not be treated less favourably than full-time workers. This means that they should not be forced to accept worse terms and conditions simply because they are moving to a full-time role.

Consultation and Agreement: Employers should engage in a consultation process with employees if they wish to change their terms of employment. This process involves discussing the proposed changes and seeking agreement from the employees.

Legal Protections: If an employer attempts to impose changes unilaterally, employees may have grounds for a claim of breach of contract or constructive dismissal if the changes are significant and detrimental.

Union Representation: If employees are part of a union, such as the Communication Workers Union (CWU), which represents many Royal Mail employees, they may have additional support and resources to negotiate or challenge changes to their employment terms.

In summary, Royal Mail cannot force part-time employees to go full-time on inferior terms and conditions without their consent. Employees have legal protections and should seek advice from a legal expert or their union if they face such a situation.

[POSTMAN]

Can't remember where but in our agreements, it states that no one will be forced to go full time if they don't want it, Area/Div rep should know.

[tramssirhc]

Firstly 35 hours is not full time. It's 37. Secondly there can be no compulsion to changes in contracts of employment. It's a matter for agreement.

[pinstripe]

Firstly 35 hours is not full time. It's 37.

RM now classify 35 hours as full time. They also classify 37 hours as full time. They also now classify 40 hours as full time. Depends where they are drawing the line

[rogersh]

Can't remember where but in our agreements, it states that no one will be forced to go full time if they don't want it, Area/Div rep should know.

I think this is the agreement;

LEGALLY BINDING AGREEMENT AGENDA FOR GROWTH – INCORPORATING ALL CHANGES AGREED IN MAY 2021 1

EDIT;
3.1.7 The terms of the Job Security, Resourcing and Managing Change Agreement shall remain in force with relevant provisions amended as follows:

(A) The overarching objective will be for the Company to deliver all future change without recourse to compulsory redundancy. To maintain this commitment, employees will need to be flexible and adaptable when considering reasonable and suitable alternative jobs and work locations.

(B) Full time Employees will remain full time unless they volunteer to move to part time hours. Part time Employees will be entitled to retain their existing contractual hours if they wish.

[tramssirhc]

Firstly 35 hours is not full time. It's 37.

RM now classify 35 hours as full time. They also classify 37 hours as full time. They also now classify 40 hours as full time. Depends where they are drawing the line

Right enough. However there was never an agreement for 35 hours being full time. The CWU even went as far as agreeing that the 'full time' 35 hour contracts would be paid overtime to bring them up to 37 hours.

Regarding this question where members are being told full time is 35 hours, it's not. Full time hours are 37.

[rogersh]

Firstly 35 hours is not full time. It's 37.

RM now classify 35 hours as full time. They also classify 37 hours as full time. They also now classify 40 hours as full time. Depends where they are drawing the line

Right enough. However there was never an agreement for 35 hours being full time. The CWU even went as far as agreeing that the 'full time' 35 hour contracts would be paid overtime to bring them up to 37 hours.


Regarding this question where members are being told full time is 35 hours, it's not. Full time hours are 37.

Royal Mail & CWU Joint Communication

Several questions have been raised recently in relation to the introduction of the Shorter Working Week, the reduction to 38hrs and the new 35hr full time contracts. As a result meetings have taken place between Royal Mail & CWU to provide joint clarification to the issues that have been raised. The purpose of this joint document is to provide clarity on the most frequently asked questions:

1. With effect from 1st October 2018, 35hrs is the contract we will use for all future full time OPG contracts (whether they be new recruits or part time uplifts from existing employees).

2. Employees on the new 35hr contracts will be listed on PSP as full-time employees but using a different position code to that used for our full-time employees on 38hr contracts.