LTB 344/19 - Royal Mail Group Holiday Pay
7th June 2019
Royal Mail Group Holiday Pay
Further to LTB 307/19, the Department is continuing to receive reports that managers in certain areas of the country are being instructed not to register or progress grievances that relate to the issue of average pay on leave (holiday pay). The Department has also received information that a voice message stating the following is now being played on the national system: “We are not accepting any more grievances regarding holiday pay as this is being dealt with at national level, please contact your Union Representative.”
In some locations it is also evident that certain managers have been provided with the following instruction:
“A number of grievances in relation to HOLIDAY PAY (not SA) have been handed to the DOMs across a few units this past week and there is potential these will increase following a steer from the National CWU to the divisional/area and local Representatives.
PLEASE DO NOT REGISTER THESE ON PSP.
Instead can you please ensure that you respond to the relevant individuals with a holding note in line with the statement below?
I can advise you that the calculation of holiday pay is under consideration and as this is an issue being discussed at national level I am unable to progress this issue through the formal grievance process. I will of course update you following any agreement with the CWU on this matter.”
Whilst it is true that holiday pay is now being discussed nationally and a further meeting is due to be held with Royal Mail Group next week, the fact remains that members who are now taking annual leave are effectively having their average earnings reduced.
Diktats of the types above are not only against the terms of our national agreements but are also aimed at obstructing members from claiming what is rightfully theirs.
When a member is met with either of the responses above (or similar), they must immediately move to complete the online ACAS Early Conciliation (EC) form. They should also let their listed Representative know that this is the case so that ACAS can be informed once contact is made. In tandem with this, it would be useful if the member could also email their line manager to request that a grievance is lodged.
Branches should also ensure that the number of members following this course of action continues to be maximised so that settlements can be sought for the holiday pay that they are owed.
The Department is also in dialogue with ACAS to examine ways in which the early conciliation process can be streamlined so that the number of calls is reduced. We soon hope to be in a position where a revised process can be circulated.
Finally we continue to be involved in talks regarding the wording of the COT3 Settlement Agreement and in particular the terms of Paragraph 2. As previously stated, we are apprehensive that the current text may result in members not receiving back pay, in the event that this is secured through a national collective agreement. Whilst we are hopeful that this can soon be resolved, in the interim it is evident that members who have accepted monetary settlements but not the present COT3 terms and conditions are now completing the online application for an Employment Tribunal.
Please do not be deterred by local management trying to stop your claim and encourage others to also claim. Royal Mail Group are settling all in time claims individually and should sign a national agreement ensuring fairness for all. The legal position is clearly established and companies are making agreements on this matter all the time, the latest being between the Prison Officers’ Association and Her Majesty’s Prison & Probation Service as well as our own Union and British Telecom.
Keep the pressure building and we will have justice on leave pay.
Further updates will be provided by the Department in due course but in closing I would like to thank you for your continued efforts in highlighting this injustice locally.
Any enquiries in relation to the content of this LTB should be addressed to the DGS(P) Department.
Deputy General Secretary (Postal)
19LTB344 Royal Mail Group Holiday Pay https://emails.cwu.org/t/d-l-pdidiid-ztkjiuyil-i/
View Online https://emails.cwu.org/t/d-l-pdidiid-ztkjiuyil-d/