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LTB 416/19 ROYAL MAIL GROUP HOLIDAY PAY - EMPLOYMENT TRIBUNAL DOCUMENTATION

06 Jul 2019, 13:28

https://www.cwu.org/ltb/ltb-416-19-roya ... mentation/

LTB 416/19 ROYAL MAIL GROUP HOLIDAY PAY – EMPLOYMENT TRIBUNAL DOCUMENTATION
No. 416/19

4th July 2019



Dear Colleagues,

ROYAL MAIL GROUP HOLIDAY PAY – EMPLOYMENT TRIBUNAL DOCUMENTATION

Further to previous LTBs and information provided to Branches concerning the issue of average pay on annual leave, the Department is pleased to report that this matter is gaining momentum.

It is apparent that the volume of Early Conciliation (EC) claims continues to grow on a daily basis, along with the number of cases that have resulted in an ACAS certificate number being issued. In light of this the Department is issuing the following guidance to Branches that must be followed once the ACAS process has been completed – either without an offer of settlement being made or where the offer and/or terms are not acceptable.

Once an ACAS certificate number is received it should promptly be forwarded to the member concerned who must then immediately complete the online Employment Tribunal application form (ET1) to ensure that the claim does not become “timed out” and therefore potentially null/void.

Branches and Legal Secretaries are advised that the following documentation must be submitted to the Employment Law Department once an Employment Tribunal claim has been registered:

    The ACAS certificate.
    Any email exchanges with ACAS.
    The ET1 application form and reference number as well as any documents submitted in support of the application.
    The ET3 response form from the employer.
    A copy of any grievances that have been successfully lodged by the member and the employer’s response to the grievances.
    Details as to when the member took the holiday that he/she believes he/she was paid incorrectly for including:
    When the holiday was taken
    When the member was paid for this holiday
    What the member was paid
    Any evidence of the amount the member were paid, for example, wage slips
    Wage slips for the 12 week period before each holiday that the member believed he/she was paid incorrectly for.

The Employment Law Department has been provided with a generic OPG contract of employment but members can also request an individual contract from HR Services in Sheffield which can be included in the paperwork above.

The Department is confident that this list will assist Branches in compiling paperwork for each case, therefore avoiding the need for numerous e-mail exchanges.

COT3 Form

Branches should note that we have exchanged further drafts with the Business around paragraph 2 of the COT3 form and are currently awaiting their response which it is anticipated will be agreed in the near future.

I can also report that a further meeting is due to be held with management next Tuesday and updates will be provided in due course.

In closing, both the Department and Postal Executive would like to thank all colleagues for their ongoing hard work and efforts in relation to maximising the number of claims that are being registered which will help to ensure that members ultimately receive what is rightfully theirs.

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)
19LTB416 ROYAL MAIL GROUP HOLIDAY PAY – EMPLOYMENT TRIBUNAL DOCUMENTATION

LTB 416/19 ROYAL MAIL GROUP HOLIDAY PAY – EMPLOYMENT TRIBUNAL DOCUMENTATION

07 Jul 2019, 12:13

I just don't get whats going on with all this we shouldn't have to do all this . this should already be sorted for us some of us couldn't be a@@@ filling all forms out etc :arrrghhh :arrrghhh :cuppa

LTB 416/19 ROYAL MAIL GROUP HOLIDAY PAY – EMPLOYMENT TRIBUNAL DOCUMENTATION

07 Jul 2019, 17:08

maisymoo04 wrote:I just don't get whats going on with all this we shouldn't have to do all this . this should already be sorted for us some of us couldn't be a@@@ filling all forms out etc :arrrghhh :arrrghhh :cuppa


Maisy - agree with you totally, but RM will block, obfuscate, obstruct, stonewall, stymie, hinder and impede the moral process of making
it happen. So to force their hand we have to use the process available to us, backed up by legal precedent/law to force their
hand - think of it as an alternative form of IA....the more of us that do it the more pressure ACAS will be able to apply to RM to get them to get their s**t in order.

If we don't then they'll just think they can get away with it, saving loads of money in the meantime.

LTB 416/19 ROYAL MAIL GROUP HOLIDAY PAY – EMPLOYMENT TRIBUNAL DOCUMENTATION

07 Jul 2019, 17:54

yellowbelly wrote: So to force their hand we have to use the process available to us,

What is wrong with a good old fashioned ballot for industrial action?
Or is that not a process available any more?

LTB 416/19 ROYAL MAIL GROUP HOLIDAY PAY – EMPLOYMENT TRIBUNAL DOCUMENTATION

07 Jul 2019, 21:23

clashcityrocker wrote:
yellowbelly wrote: So to force their hand we have to use the process available to us,

What is wrong with a good old fashioned ballot for industrial action?
Or is that not a process available any more?

It probably wouldn't get through anyway, you've got the (admittedly successfull) ,divide and rule strategy of getting a part time workforce ,who need to do overtime to boost their earnings , then you've got those who are financially over committed and work every rest day and use every trick in the book, to earn extra , so I don't think nowadays it's a given that a ballot for strike , at least woukd be carried. A vote for industrial action, short of a strike as a work to rule, may well be a different ball game.

LTB 416/19 ROYAL MAIL GROUP HOLIDAY PAY – EMPLOYMENT TRIBUNAL DOCUMENTATION

07 Jul 2019, 23:08

rubberbond wrote:A vote for industrial action, short of a strike as a work to rule


How many in DOs would even take part in a work to rule (assuming that one was successfully balloted for)? :hmmmm

LTB 416/19 ROYAL MAIL GROUP HOLIDAY PAY – EMPLOYMENT TRIBUNAL DOCUMENTATION

08 Jul 2019, 18:04

it should be taken to court simple

LTB 416/19 ROYAL MAIL GROUP HOLIDAY PAY – EMPLOYMENT TRIBUNAL DOCUMENTATION

08 Jul 2019, 20:07

clashcityrocker wrote:
yellowbelly wrote: So to force their hand we have to use the process available to us,

What is wrong with a good old fashioned ballot for industrial action?
Or is that not a process available any more?


Because the process i.e. Grievance, early conciliation and employment tribunal backed up by legal precedent and law is already available.....

If we tried to have a ballot for IA over this issue I would imagine RM would challenge the ballot in the courts based on the ACAS process
being available to resolve the issue (even though RM drag their heels over it), the judge would agree and then we would
be back to using the ACAS process having wasted time, money and effort on a pointless ballot.

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