LTB 112/20 - AVERAGE PAY ON LEAVE : reference period used to calculate all holiday pay will increase from 12 weeks to 52 weeks

[TrueBlueTerrier]

LTB 112/20 - AVERAGE PAY ON LEAVE (HOLIDAY PAY CLAIMS) AGAINST ROYAL MAIL GROUP LIMITED

No. 112/20/20

9th March 2020



Dear Colleagues,

AVERAGE PAY ON LEAVE (HOLIDAY PAY CLAIMS) AGAINST ROYAL MAIL GROUP LIMITED

Further to LTB 034/20 issued on 23rd January 2020, I am writing to advise Branches that as of 6th April 2020 the reference period used to calculate all holiday pay will increase from 12 weeks to 52 weeks. Branches should therefore ensure that this is reflected in all ACAS Early Conciliation submissions and the Employment Tribunal Claim Form (ET1).

I am also able to confirm that the preliminary hearing for those Employment Tribunal cases in England and Wales that have been stayed has now been set in Bristol for 10:00am on Friday 27th March 2020 and Desphal Panesar, QC from Old Square Chambers has been placed on record for the CWU.

A further meeting was held with the business on 19th February 2020 in an attempt to conclude an acceptable agreement and dialogue is continuing.

Further updates will be provided to Branches in due course however it is still vital that the number of claims are maximised. This is especially important given that we are now heading into the period where all members will start taking their first four weeks annual leave for 2020/21. For ease of reference a flowchart is attached as well as a poster to help promote these cases.

In closing, I would like to thank Branches for your continued efforts in relation to the holiday pay claims and further updates will be provided in due course.

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)

20LTB112 – AVERAGE PAY ON LEAVE (HOLIDAY PAY CLAIMS) AGAINST ROYAL MAIL GROUP LIMITED https://emails.cwu.org/t/d-l-mwuujy-jtfltzjh-i/

Attachment 1 to LTB 112-20 – HOLIDAY PAY – FLOW CHART FINAL https://emails.cwu.org/t/d-l-mwuujy-jtfltzjh-d/

Attachment 2 to LTB 112-20 – 06262-holiday-pay-poster-v3 https://emails.cwu.org/t/d-l-mwuujy-jtfltzjh-h/

View Online https://emails.cwu.org/t/d-l-mwuujy-jtfltzjh-k/

[TrueBlueTerrier]

ERRATA - LTB 112/20 - VERAGE PAY ON LEAVE (HOLIDAY PAY CLAIMS) AGAINST ROYAL MAIL GROUP LIMITED

No. 112/20

9th March 2020

Dear Colleagues,



Please find attached LTB 112/20 which contains a slightly amended flowchart. Please note that the reference period changes to 52 weeks from 6th April and that claims logged before this date still need to have a 12 week reference period.


AVERAGE PAY ON LEAVE (HOLIDAY PAY CLAIMS) AGAINST ROYAL MAIL GROUP LIMITED


Further to LTB 034/20 issued on 23rd January 2020, I am writing to advise Branches that as of 6th April 2020 the reference period used to calculate all holiday pay will increase from 12 weeks to 52 weeks. Branches should therefore ensure that this is reflected in all ACAS Early Conciliation submissions and the Employment Tribunal Claim Form (ET1).

I am also able to confirm that the preliminary hearing for those Employment Tribunal cases in England and Wales that have been stayed has now been set in Bristol for 10:00am on Friday 27th March 2020 and Desphal Panesar, QC from Old Square Chambers has been placed on record for the CWU.

A further meeting was held with the business on 19th February 2020 in an attempt to conclude an acceptable agreement and dialogue is continuing.

Further updates will be provided to Branches in due course however it is still vital that the number of claims are maximised. This is especially important given that we are now heading into the period where all members will start taking their first four weeks annual leave for 2020/21. For ease of reference a flowchart is attached as well as a poster to help promote these cases.

In closing, I would like to thank Branches for your continued efforts in relation to the holiday pay claims and further updates will be provided in due course.

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)

20LTB112 – AVERAGE PAY ON LEAVE (HOLIDAY PAY CLAIMS) AGAINST ROYAL MAIL GROUP LIMITED https://emails.cwu.org/t/d-l-mydlhty-jtfltzjh-i/" onclick="window.open(this.href);return false;

Attachment 1 to LTB 112-20 HOLIDAY PAY -FLOW CHART FINAL https://emails.cwu.org/t/d-l-mydlhty-jtfltzjh-d/" onclick="window.open(this.href);return false;

Attachment-2-to-LTB-112-20-06262-holiday-pay-poster-v3 https://emails.cwu.org/t/d-l-mydlhty-jtfltzjh-h/" onclick="window.open(this.href);return false;



View Online https://emails.cwu.org/t/d-l-mydlhty-jtfltzjh-k/" onclick="window.open(this.href);return false;

[rogersh]

What are the different types of hearing?
Preliminary hearings – these may be held to manage the case including:
• clarifying the issues in the case;
• deciding what orders should be made about matters such as documents and witnesses; and
• deciding the date, time and length of the full hearing,

or held to
• decide whether the whole or part of the claim or response should be dismissed;
• decide questions of entitlement to bring or defend a claim;
• decide, if either side’s case appears weak, whether a deposit needs to be paid, and if so, how much, before that side can continue.

[apple]

it was hard enough getting people to do this when it was 12 weeks average, gonna put a lot of people off if you have to do 52 weeks, or is that the plan?

[rogersh]

it was hard enough getting people to do this when it was 12 weeks average, gonna put a lot of people off if you have to do 52 weeks, or is that the plan?

I assume once the judgement is made (cannot see a negative decision) then the calculation would be done without the need to claim.

[Janet Brum]

I really hope so, it is what I was hoping for and I`m not alone :)

[broughts]

I’m sorry to say this but the union have been very weak on this subject yet very proactive once one member had been paid holiday pay and claim settled the union should have been on Royal Mail’s case and sorted this for everybody how can the union allow some to be paid and not all of us

[SSkUNkY]

Sheer laziness and incompetence.

[apple]

it was hard enough getting people to do this when it was 12 weeks average, gonna put a lot of people off if you have to do 52 weeks, or is that the plan?

I assume once the judgement is made (cannot see a negative decision) then the calculation would be done without the need to claim.

Yes hopefully that will happen, but the thing is we are going into the new leave year pick soon, The union's made up of each member, some times the member has to help the union, when I go to people and repeatedly ask them to put in a claim and they cant be bothered despite me offering all the help I can with it, union step by step sheets, videos that go through the process for them, yet still some cant be bothered, some have said I'm gonna wait till it gets sorted by the rest of you doing it! I know it's a pain but sometimes you need to help yourself.

[Jaysfan]

Still waiting and put the claim in last October. Owed approx £600...is kind of off putting as it was a bit of a pain in all honesty to make the claim.

[yellowbelly]

Still waiting and put the claim in last October. Owed approx £600...is kind of off putting as it was a bit of a pain in all honesty to make the claim.

Jaysfan - if you're owed 600 quid it's worth it - and like me you did the work and you
made the effort to put in the claim (a couple of hours work max possibly?) to force RM's hand.

Too many posties I work with say 'I can't be arsed, I'll just wait 'till the ruling comes through'.

We shouldn't have to do it, but personally I look at is as a form of collective IA. The fewer of us that do it,
the more upper management will think they can get away with it and guess who pockets your holiday pay - RB, big
financial companies and management (bonuses)

[mightyowler]

I’m sorry to say this but the union have been very weak on this subject yet very proactive once one member had been paid holiday pay and claim settled the union should have been on Royal Mail’s case and sorted this for everybody how can the union allow some to be paid and not all of us

I’ve known it happen before!

It happened when a colleague challenged management regarding payments to 7.5t drivers at our place, I can’t remember the ins and outs of it but a couple of lads was taking RM to court over it. Anyway the Union struck a deal via management and the couple of lads got a few grand payout. They did have to sign some non disclosure contract before though, as other colleagues was going to challenge it. It was all done underhanded imo, and I only found out months later when one of the lads quit RM for other employment.