LTB 1076/11 Angard Staffing Solutions

[Geezer]

CWU.org
20 December 2011

LTB 1076/11 Angard Staffing Solutions

No: 1076/11
Ref: 42000
Date: 20th December 2011

TO: ALL BRANCHES WITH POSTAL MEMBERS



Dear Colleague

Angard Staffing Solutions
In recent weeks the Union has received numerous reports over what appears to be a chaotic situation with the use of the company's new recruitment agency, Angard. These reports have also appeared in national and regional media as complaints have mounted about the way Angard employees are being treated.

Separate from this, the Union had already been in discussions with the company over our wider concerns associated with the future use of Angard employees within the Royal Mail Group businesses. Following a meeting on Thursday 15th December, a letter was received from Royal Mail on the 19th December confirming the following:-

Firstly, with regard to the current problems, the company has acknowledged that there are major issues and that they are working as fast and as hard as possible to address these. We understand this will include provision of emergency payment arrangements where appropriate.


Secondly, with regard to wider CWU concerns, the letter from the company has confirmed the following points:-


That the creation of Angard Staffing Solutions is not a way of changing the company's overall approach to resourcing and that Royal Mail will still offer normal Royal Mail contracts of employment, when there are vacancies to be filled.


The company has stated that weekly resourcing meetings remain the place where forthcoming needs for resource in an office are identified and discussed between the manager and local CWU representatives. They state this should include any recruitment needs and the need for temporary agency resource - i.e. Angard.








The company has said they will provide the Union with up to date data on the overall amount of Angard agency staff being used early in the New Year. They have said that they are prepared to talk with us further about how the principle of discussing these issues in weekly resourcing meetings will apply in practice.


The company has stated that Angard Staffing Solutions is not a way of circumventing the Agency Workers' Regulations. They have stated that staff employed by Angard already benefit from the rights acquired on the 1st October and that if they are still with the company after 12 weeks they will qualify for additional rights.


The company has stated that the creation of Angard Staffing Solutions, was not intended to result in any individual performing continuing agency work with Royal Mail, to be placed on lower rates of pay as a result of the change of agency. They say the rates Angard pays its workers are in line with the standard ratecard agreed with the agencies. However, where individuals, for historical reasons, have benefited from a higher personal rate, the previous rate will now be restored and backdated to the date of the contract change. The company has said this will take some time to identify and do the calculations for the people affected, but that it will done as soon as possible in the New Year.


The whole question of Angard has created major internal and external interest. For the Union, it raises some very important questions as to how we should respond to this development.

It is our view that the Union needs to secure a comprehensive agreement that covers the future utilisation of Angard agency workers within the Royal Mail Group. As part of this, we would also want to establish ongoing commitments to our existing resourcing models and normal Royal Mail contracts of employment.








Finally, the Union will be seeking recognition rights in order to represent these agency workers in the future. In the meantime, we would encourage our representatives to recruit Angard employees into the CWU and use the content of this LTB to inform them about these developments. There is a special recruitment link on our website at http://www.cwu.org" onclick="window.open(this.href);return false; - to obtain copies of the membership form click on the "Join Us" box then click on to the box with the Angard Staffing Logo.

A further meeting with Royal Mail over Angard will take place in early January and developments will be reported in due course.

Any enquiries on the above LTB should be addressed to the DGS (P) Department.

Yours sincerely



Dave Ward
Deputy General Secretary (P)

More info +

[meorno]

bump

[guitar-mike]

The fact that it's now addressed as a "major issue" is a step forward, as opposed to the usual "minority affected" bull that Royal Mail seem to spout. I don't buy this "Angard wasn't set up to get around the rules" rubbish. From what I hear, Royal Mail were doing perfectly fine employing people directly for Christmas, so why bring in Angard at all?

[TrueBlueTerrier]

The company has stated that the creation of Angard Staffing Solutions, was not intended to result in any individual performing continuing agency work with Royal Mail, to be placed on lower rates of pay as a result of the change of agency. They say the rates Angard pays its workers are in line with the standard ratecard agreed with the agencies. However, where individuals, for historical reasons, have benefited from a higher personal rate, the previous rate will now be restored and backdated to the date of the contract change. The company has said this will take some time to identify and do the calculations for the people affected, but that it will done as soon as possible in the New Year.

Thats good news for any casuals that carried over from RM to Angard in September/October - good news also about the 12 week timeline - but watch out for people being laid off at 11 weeks and 4 days.

[fishtank]

I applaud the attempt to reach a comprehensive agreement over casual resourcing however the reality is any agreement from now on will be an interim agreement.
What happens going forward will very much depend on who will own Royal Mail and how they want to resource the business....how they see modernisation...how they view the MTSF agreement,attendance and the IR framework.
Angard or something similar is the plan for the future,the current board can commit to whatever they like it really doesn't matter...they're very unlikely to be around after privatisation anyway.

[clashcityrocker]

But privatisation might be a minimum of 12 months away.

[fishtank]

But privatisation might be a minimum of 12 months away.

I know.
It's not very far away at all is it?

[kietr]

The company has stated that the creation of Angard Staffing Solutions, was not intended to result in any individual performing continuing agency work with Royal Mail, to be placed on lower rates of pay as a result of the change of agency. They say the rates Angard pays its workers are in line with the standard ratecard agreed with the agencies. However, where individuals, for historical reasons, have benefited from a higher personal rate, the previous rate will now be restored and backdated to the date of the contract change. The company has said this will take some time to identify and do the calculations for the people affected, but that it will done as soon as possible in the New Year.

Thats good news for any casuals that carried over from RM to Angard in September/October - good news also about the 12 week timeline - but watch out for people being laid off at 11 weeks and 4 days.

not really, we have always been on minimum wage, nobody i know has ever been on a "higher personal rate" and we have been told that when the 12 weeks is up, which is christmas eve, nothing at all will change pay or otherwise

[fishtank]

not really, we have always been on minimum wage, nobody i know has ever been on a "higher personal rate" and we have been told that when the 12 weeks is up, which is christmas eve, nothing at all will change pay or otherwise

That's the problem isn't it?
After the 12 weeks is up you won't be entitled to the same terms and conditions as a Royal Mail employee because you aren't employed by RM you're directly employed by Angard so you'll be entitled to the same terms and conditions as an Angard employee.
That's why they set the company up and that's why "Angard Staffing Solutions is not a way of circumventing the Agency Workers' Regulations." is complete bullshit.
Of course they are.

[Verging]

not really, we have always been on minimum wage, nobody i know has ever been on a "higher personal rate" and we have been told that when the 12 weeks is up, which is christmas eve, nothing at all will change pay or otherwise

That's the problem isn't it?
After the 12 weeks is up you won't be entitled to the same terms and conditions as a Royal Mail employee because you aren't employed by RM you're directly employed by Angard so you'll be entitled to the same terms and conditions as an Angard employee.
That's why they set the company up and that's why "Angard Staffing Solutions is not a way of circumventing the Agency Workers' Regulations." is complete bullshit.
Of course they are.

The fundamental point in the Agency Workers Regulation is that Agency workers should get comparable terms (pay, breaks, etc) as a direct employee of the Hirer (in this case Royal Mail) doing comparable work - provided you have worked for the same Hirer in excess of 12 weeks. What the Agency normally pays does not enter into the equation - it is comparability to a Hirer's direct employee doing comparable work that matters. In principle you could work for different Agencies to qualify but providing you work for the same Hirer in excess of 12 weeks you still qualify.

Our main problem is a clause in the AWR that effectively says Agency workers are 'likely' to be exempt from AWR if they work for an in-house Agency (i.e. Angard).

Anyone think it Is worth joining the other agencies that have suddenly provided casuals as Angard did not provide enough?

[Verging]

The company has stated that Angard Staffing Solutions is not a way of circumventing the Agency Workers' Regulations. They have stated that staff employed by Angard already benefit from the rights acquired on the 1st October and that if they are still with the company after 12 weeks they will qualify for additional rights.

Do we have any clarification on what additional rights RM will honor from the AWR? I know what rights should be but which will be honored?

Any current permanent able to let me know what breaks you get and what ball park pay rates are - by PM. I need these as I am about to start my 13th week soon - I realise they should tell me but I have heard nothing yet - surprise surprise.

[SimplyNuts]

I've had it in writing from Angard Staffing today after a lengthy 'discussion' that they are NOT exempt from the new agency law, that they have been working for months in anticipation for this and are going to be informing all '12 week qualifiers' next week of their new rights/entitlements.

[fishtank]

The question has to be asked though...
If Angard are simply going to pay temps the same as equivalent RM employees and give them the same rights,terms and conditions as equivalent RM employees....it kind of makes Angard rather pointless doesn't it?

[SimplyNuts]

It still provides them with the crucial flexibilty of hiring/firing at will.

[fishtank]

It still provides them with the crucial flexibilty of hiring/firing at will.

RM use temporary contracts right through the business.
As far as i'm aware from information from an admin temp these new Angard contracts are for 50 weeks with a built in self destruct clause.

.3 Termination of Employment
.3.1 Your employment under this statement shall commence on the Commencement Date and shall continue, until it automatically terminates without the need for notice after 50 weeks’ employment unless previously terminated

Most of the fixed term RM contracts are for less than that.
It doesn't appear to be any more/less flexible than the existing RM temporary contract.