not on facebook
ANNOUNCEMENT : ALL OF ROYAL MAIL'S EMPLOYMENT POLICIES (AGREEMENTS) AT A GLANCE (UPDATED 2017)... HERE


EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

11 Jan 2019, 13:35

https://assets.publishing.service.gov.u ... _Final.pdf

JUDGMENT
The unanimous judgment of the Tribunal concerning the claimants’ alleged
infringements of rights conferred by Regulations 5 and 13 of the Agency Workers
Regulations 2010 (“the Regulations”) and Section 1 of the Employment Rights Act
1996 is that:

1. Complaint A: The late payment of the 2017 Christmas bonus (Regulation 5) is
well founded.

2. The Tribunal makes the following recommendation for the purpose of obviating
the effect of the infringement on the claimants:
The first respondent shall pay the claimants’ 2018 Christmas Bonus entitlement by no
later than the date on which the second respondent’s OPG grade employees at the
Leeds Mail Centre are paid their entitlement.

3. We further order Royal Mail Group Limited (being the controlling party) to pay
a financial penalty to the Secretary of State of £100 per claimant in respect of this
infringement.

4. Complaint 1 (the late payment of the collectively agreed 2018 5% pay increase)
is not well founded.

5. Complaint 2: exclusion of the claimants from work time learning sessions on 4
June 2018 and 15 June 2018 as an infringement of Regulation 5 is not well founded.

6. Complaint 3: exclusion of the claimants from applying for internal vacancies on
14 May and 8 June 2018 (Regulation 13) is well founded and the Tribunal shall
determine the remedies in relation to this infringement at a separate hearing.

7. Complaint 4: exclusion of the claimants from the system of issuing overtime in
operation at Leeds Mail Centre between 18 and 24 June 2018 (Regulation 5) is not
well founded.

8. Complaint 5: on 4 June issuing both claimants with a shift that was 12 minutes
longer than a comparable Royal Mail employee (Regulation 5) is well founded. The
Tribunal makes no financial award or recommendation.

9. Complaint 6: on 9 June 2018 deducting work breaks from both claimants’
overall duration of shift working time (Regulation 5) is well founded. The respondents
(the second respondent being in control of the first respondent) shall pay to the
claimants the following sums amounting to two weeks’ pay in respect of this
infringement: Mr Kocur £868.64; Ms Roberts £1008.92.

10. Complaint 7: paying rolled up holiday pay in respect of 2.5 additional days’
holiday pay in respect of a shift worked on 9 June 2018 (Regulation 5) is well founded.
The Tribunal makes no financial award or recommendation.

11. Complaint 8: averaging the claimants’ pay on payslips dated 27 April 2018
(Regulation 5) is not well founded.

12. Complaint 9: on 14 May and 15 June 2018 scheduling shorter break times for
the claimants than a permanent colleague on shift (Regulation 5) is not well founded.

13. Complaint 10: Angard not including adequate particulars of employment in the
claimants’ contracts compliant with Section 1 of the Employment Rights Act 1996 in
four respects (remuneration; holiday pay/entitlement; hours of work (including rest
breaks); and applicable collective agreements): The Tribunal has found that due to
changes and other relevant matters written particulars provided by the Angard and to
some extent those declared by the Tribunal on 8 January 2018 do not now comply
with Section 1 (to the extent of representing the claimants’ particulars either at the
commencement of these proceedings or today) and a separate Order addresses the
means for their determination.

14. Complaint 11: during 23 to 29 April 2018 allocating to the second claimant four
night shifts when a royal mail employee worked five night shifts (Regulation 5) is not
well founded.

15. Complaint 12: during 4 June to 10 June 2018 to the first claimant 38.5 hours’
night shift work when a royal mail employee worked 39 hours (Regulation 5) is not well
founded.

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

11 Jan 2019, 15:56

So, this couple have returned to the Leeds Employment Tribunal and win 7 out of 15 Claims.

The last time they went down this route, they won a large % if their claims and were eventually awarded £’000s in compensation.

You would think that RM:Angard would have learned by now.

Interesting the ETA judge ruled , formally that Angard is totally controlled by RM. We all knew that but their usual defence of “its not us it’s RM” is invalid.

The sooner Angard is closed down and the process is taken back in-house at RM the better, as far as I am concerned.

That would put the RM Agreement with the union in jeopardy in that ‘RM don’t employ staff onCasual Zero-Hours Cobtracts’. As ANGARD are owned and controlled by, that statement is false.

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

12 Jan 2019, 15:57

NW11851 wrote:So, this couple have returned to the Leeds Employment Tribunal and win 7 out of 15 Claims.

The last time they went down this route, they won a large % if their claims and were eventually awarded £’000s in compensation.

You would think that RM:Angard would have learned by now.

Interesting the ETA judge ruled , formally that Angard is totally controlled by RM. We all knew that but their usual defence of “its not us it’s RM” is invalid.

The sooner Angard is closed down and the process is taken back in-house at RM the better, as far as I am concerned.

That would put the RM Agreement with the union in jeopardy in that ‘RM don’t employ staff onCasual Zero-Hours Cobtracts’. As ANGARD are owned and controlled by, that statement is false.



EXACTLY, mate. I totally agree with you 100%. This angers bullying needs to be put to bed once and for all. The MCs need more staff and this casualisation of the MCs is something the UNION have let slip. All AWR qualified staff should be transferred to RM as their obviously needed. And I know that some angardees like the odd shift but that can't be at the detriment of the vast majority who just want a fulltime job with good pay and conditions. C'mon is that really too much to ask. I hope RM has to pay out allsorts of cash to the claimants as money is all that they care for these days. :thumbup

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

13 Jan 2019, 19:31

So Angard are meant to pay Christmas Bonus to all AWR qualified workers . I don't know of any of the Agency that have ever been paid a Christmas Bonus , what have Angard done with the bonus for all these years ? .
A £100 fine ? seriously RM must be pissing themselves laughing.
:arrrghhh

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

13 Jan 2019, 20:27

I will contact Angard via their online contact form to see about this xmas bonus.

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

15 Jan 2019, 09:58

What’s a ‘Christmas Bonus Entitlement’?

Anyone asked Angard yet?

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

15 Jan 2019, 10:12

Is the reason that Angard do not receive a Christmas Bonus because, technically, each shift is a separate contract? Therefore very few of us work on Christmas Day (which appear to be the qualifying factor) and hence, do not qualify.

Having said that, the plaintiffs managed to to get the Tribunal to instruct RH/Angard that it should be paid.
I would be very interested to see how that panned our.

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

15 Jan 2019, 12:49

NW11851 wrote:Is the reason that Angard do not receive a Christmas Bonus because, technically, each shift is a separate contract? Therefore very few of us work on Christmas Day (which appear to be the qualifying factor) and hence, do not qualify.

Having said that, the plaintiffs managed to to get the Tribunal to instruct RH/Angard that it should be paid.
I would be very interested to see how that panned our.


You are incorrect Christmas Bonus or Christmas Allowance is paid to all Rm staff who work outside their scheduled hours at this time of year, you also must do a certain amount of hours at Christmas during the 4 qualifying weeks.
Which is probably why Angard cancel so many shifts at this time so you never qualify .
:thumbup

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

15 Jan 2019, 14:18

nothingatthemoment wrote:You are incorrect Christmas Bonus or Christmas Allowance is paid to all Rm staff who work outside their scheduled hours at this time of year, you also must do a certain amount of hours at Christmas during the 4 qualifying weeks.
Which is probably why Angard cancel so many shifts at this time so you never qualify .


As we are on zero hour contracts any time worked during the four weeks is over and above our usual hours so theoretically we qualify for a pro rata payment.

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

15 Jan 2019, 16:03

I’ve submitted an inquiry/claim to Angard.

Let’s see what they say (if anything).

I’ve already got one claim EAT claim/case in the pipeline. I could have dozens of others but I lost the will to Perdue them for everything,

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

15 Jan 2019, 17:43

tabact wrote:
nothingatthemoment wrote:You are incorrect Christmas Bonus or Christmas Allowance is paid to all Rm staff who work outside their scheduled hours at this time of year, you also must do a certain amount of hours at Christmas during the 4 qualifying weeks.
Which is probably why Angard cancel so many shifts at this time so you never qualify .


As we are on zero hour contracts any time worked during the four weeks is over and above our usual hours so theoretically we qualify for a pro rata payment.


I would query this with Angard , as they can't claim this is rolled up into the hourly rate , as it is a totally separate payment.
Depending on how many hours you did at Christmas , will determine how much you should have received .
:thumbup

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

03 Mar 2019, 02:15

nothingatthemoment wrote:
tabact wrote:
nothingatthemoment wrote:You are incorrect Christmas Bonus or Christmas Allowance is paid to all Rm staff who work outside their scheduled hours at this time of year, you also must do a certain amount of hours at Christmas during the 4 qualifying weeks.
Which is probably why Angard cancel so many shifts at this time so you never qualify .


As we are on zero hour contracts any time worked during the four weeks is over and above our usual hours so theoretically we qualify for a pro rata payment.


I would query this with Angard , as they can't claim this is rolled up into the hourly rate , as it is a totally separate payment.
Depending on how many hours you did at Christmas , will determine how much you should have received .
:thumbup

Anu update from you guys did you heard any thing from Angard@

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

03 Mar 2019, 08:40

Angard just ignored my email so I emailed Royal Mail instead. Still waiting for a reply from RM but they do generally take a long time to respond, last time it took seven weeks and I only mailed them a couple of weeks back so may hear eventually. Realistically if you want to get equal treatment from RM it isn't going to happen. They are quite happy to lose an employment tribunal to an individual and pay some compensation because they just ignore the findings. I understand that is why they don't appeal to avoid anything being applied to all employees.

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

03 Mar 2019, 18:23

tabact wrote:Angard just ignored my email so I emailed Royal Mail instead. Still waiting for a reply from RM but they do generally take a long time to respond, last time it took seven weeks and I only mailed them a couple of weeks back so may hear eventually. Realistically if you want to get equal treatment from RM it isn't going to happen. They are quite happy to lose an employment tribunal to an individual and pay some compensation because they just ignore the findings. I understand that is why they don't appeal to avoid anything being applied to all employees.


They may take Tribunals a bit more seriously now , as the fines have increased greatly from £8,000 to £20,000 .
Doesn't take too many of them to add up to a lot.
:arrrghhh

EMPLOYMENT TRIBUNALS Claimants: 1. Mr D Kocur 2. Ms C Roberts Respondents: 1. Angard Staffing Solutions Limited 2. Royal Mail Group Limited

07 Mar 2019, 00:32

To qualify for Christmas Bonus ("CB") payment all you have to do is to be 12-week qualified during the Christmas pressure period (usually 4 weeks before the Christmas Day) and work at least one shift in that period. It is pro-rated, so you will get more of it, the more hours per week you work, up to the full-time hours per week (which is currently 38 hours per week).

If you work 38 hours per week, for four weeks before the Christmas Day, you will get £100 bonus. It is maximum £100, you cannot get any more than that and you had to be working minimum 38 hours per week in each of the 4 weeks. Working more hours will not increase the bonus. Working less hours can decrease the bonus: the less hours you work, the less bonus you will get (if Royal mail wanted to pay you this bonus in the first place, which they don't...).

In year 2017 it looked like this (I do not know how it was in the 2018, either four or three weeks of Christmas pressure):

Christmas pressure period: four weeks, from 27 November 2017 to 24 December 2017.
Total maximum Christmas Bonus: £100 (for working full time hours a week, Royal Mail ("RM") staff contracted hours)
At that time, in my Mail Centre, full time hours for RM staff meant 39 hours per week.
That means that they got paid £100 for working 4 times 39 hours = 156 hours worked during Christmas pressure.
£100 divided by 156 hours = 0.64 pence per hour worth of bonus. This was the per hour value of the Christmas bonus in 2017.

If you worked at least one shift in every week during this pressure, then for every hour of your work you should had been paid an extra 64 pence per hour. It does not matter how many hours you worked, the rate per hour is constant, the same, 64 pence.
The maximum amount, if you worked many hours, at least 39 hours every week, is capped at £100.

To have it paid at this rate you needed to work at least one shift every week. If you had one of the weeks with no work, the bonus would be reduced by 25%, if you have two weeks with not a single shift, then the bonus would be reduced by 50%, if you only worked in one of them four weeks, then the bonus paid to would be reduced by 75%. Obviously, not working at all during the Christmas pressure means no bonus at all.

Obviously, regardless of your efforts and actual hours of work and all the sweat you spilled at Royal Mail during Christmas pressure, you got zero, zilch, null and nothing - because Royal Mail think you, as agency worker, are nobody, nothing to them, that is why they will not pay you. Forget it. They will only pay the people who take them to Employment Tribunal, fighting for their rights to this payment. You have three months to lodge the claim, from the day your right had been infringed, which was Friday, 21 December 2018 (the day Royal Mail staff got it paid). That would make it around 21 March 2019 for you to do something about it, oh hey!, there is still time for you!

I have a tip for you: Leeds Employment Tribunal have already adjudged three times that this Christmas Bonus should be paid to 12-week qualified agency staff (in year 2016, 2017 and 2018). Have your employer, Angard Staffing, paid you? Have Royal Mail?

For the year 2016 the "Judgment" was passed in the case: "1801535/16, 1810536/16, 1801608/16, 1801609" on 02 October 2017, with "Reasons" issued on 15 November 2017. (This one is not available on the Employment Tribunal website.)

For the Christmas Bonus in year 2017 and 2018 the "Judgment" was passed in the case: "1805244/2018, 1805245/2018" on 16 November 2018, with "Reasons" issued on 29 November 2018. Thankfully, you can find it here:

https://www.gov.uk/employment-tribunal- ... 05245-2018

And as a side note: As an agency worker you have the right to request information regarding what agreements are in place at your hirer (in this case Royal Mail) - it is the Regulation 16 of the Agency Workers Regulations 2010 ("AWR") - "Right to receive information". Just politely ask Angard to disclose to you the agreement that Royal Mail have with their own staff regarding the "Christmas Bonus" - it is called "Christmas Pay Supplement" at Royal Mail and they produce a new version of this document every year, a few months before Christmas (but the fundamentals of it do not change, just small details, like date of payment = last Friday before the Christmas Day).

Thank god for me!

Previous page Next page


Page 1 of 2   1, 2