WORKING TIME DIRECTIVE – HOLIDAY PAY

[TrueBlueTerrier]

No: 587/14
Ref: 60000
23rd September 2014


To: All Branches with Postal Members




Dear Colleague

WORKING TIME DIRECTIVE – HOLIDAY PAY

In recent months the Union has been monitoring the developing legal situation on how holiday pay should be calculated in line with the Working Time Directive.

This involves three very significant Employment Tribunal cases in non CWU companies which have cast doubt over how an employer is required to calculate holiday pay under the European Working Time Directive. A previous decision that has stood since 2004, held that adhoc overtime did not need to be included in the calculation. However, this has now been contradicted both directly and indirectly in recent cases and the ET decisions in the three aforementioned cases have ruled that ad hoc overtime should now be included.

Although these ET decisions are not yet binding, the legal advice received from our lawyers suggests that ultimately, this is likely, though not certain, to be confirmed as the correct interpretation of this particular Working Time Directive.

These decisions could have very significant implications and may mean that for any holiday taken since 1998, current Royal Mail employees may have a legitimate legal claim against the company to up to four weeks worth of overtime payments (the directive only covers a four week holiday period) each year. A further issue that needs to be resolved legally is what reference period should be used for how any entitlement should be calculated.

As you can imagine employers across the UK have been strongly lobbying against this interpretation of the directive and the CBI are claiming that this would have a major detrimental effect on the ability of British companies to remain competitive.




The current position is that two of these recent ET decisions are being appealed against by employers and these appeals are pending. Additionally, a third case brought by a transport employee has been settled outside of the tribunal and we are trying to establish the basis of this settlement.

The whole subject matter is a very live issue and we can confirm that CWU has now lodged a formal claim for both future entitlements and back pay with the Royal Mail Group on behalf of all CWU members working for the company.

Following initial discussions with Royal Mail under the auspices of Bobby Weatherall PEC Member, who has been diligently following developments for the Union, we have now arranged a meeting with the company’s senior management team to discuss the basis of our claim and try to reach a settlement. Additionally, we are continuing to discuss with our lawyers the best way to protect the legal position of CWU Members, if necessary through the Employment Tribunal.

Further information will be sent out in the near future following our next meeting with the company. In the meantime, it is important that all CWU branches and representatives circulate the content of this LTB and convey the Union’s position to our members in all work places.

Any enquiries on the content of this LTB should be addressed to the DGS(P) Department, quoting reference 60000.

Yours sincerely


Dave Ward
Deputy General Secretary (P)

[knackeredneedadayoff]

Ohhh, i see a great deal coming ,on the other hand its the CWU

[rhino49]

"The whole subject matter is a very live issue and we can confirm that CWU has now lodged a formal claim for both future entitlements and back pay with the Royal Mail Group on behalf of all CWU members working for the company."

No mention of ex CWU members and ex employees who have left having worked most of that period - are we going to be sacrificial lambs to get a deal for those still there ?

[comeracing]

No: 587/14
Ref: 60000
23rd September 2014


To: All Branches with Postal Members




Dear Colleague

WORKING TIME DIRECTIVE – HOLIDAY PAY

In recent months the Union has been monitoring the developing legal situation on how holiday pay should be calculated in line with the Working Time Directive.

This involves three very significant Employment Tribunal cases in non CWU companies which have cast doubt over how an employer is required to calculate holiday pay under the European Working Time Directive. A previous decision that has stood since 2004, held that adhoc overtime did not need to be included in the calculation. However, this has now been contradicted both directly and indirectly in recent cases and the ET decisions in the three aforementioned cases have ruled that ad hoc overtime should now be included.

Although these ET decisions are not yet binding, the legal advice received from our lawyers suggests that ultimately, this is likely, though not certain, to be confirmed as the correct interpretation of this particular Working Time Directive.

These decisions could have very significant implications and may mean that for any holiday taken since 1998, current Royal Mail employees may have a legitimate legal claim against the company to up to four weeks worth of overtime payments (the directive only covers a four week holiday period) each year. A further issue that needs to be resolved legally is what reference period should be used for how any entitlement should be calculated.

As you can imagine employers across the UK have been strongly lobbying against this interpretation of the directive and the CBI are claiming that this would have a major detrimental effect on the ability of British companies to remain competitive.




The current position is that two of these recent ET decisions are being appealed against by employers and these appeals are pending. Additionally, a third case brought by a transport employee has been settled outside of the tribunal and we are trying to establish the basis of this settlement.

The whole subject matter is a very live issue and we can confirm that CWU has now lodged a formal claim for both future entitlements and back pay with the Royal Mail Group on behalf of all CWU members working for the company.

Following initial discussions with Royal Mail under the auspices of Bobby Weatherall PEC Member, who has been diligently following developments for the Union, we have now arranged a meeting with the company’s senior management team to discuss the basis of our claim and try to reach a settlement. Additionally, we are continuing to discuss with our lawyers the best way to protect the legal position of CWU Members, if necessary through the Employment Tribunal.

Further information will be sent out in the near future following our next meeting with the company. In the meantime, it is important that all CWU branches and representatives circulate the content of this LTB and convey the Union’s position to our members in all work places.

Any enquiries on the content of this LTB should be addressed to the DGS(P) Department, quoting reference 60000.

Yours sincerely


Dave Ward
Deputy General Secretary (P)

right can someone come straight to the point and explain this in english

[clashcityrocker]

right can someone come straight to the point and explain this in english

Some other p/t bods from other industries are a bit fed up of working over their contracted hours every week only to find their wage back to basics when they are on holiday, so they have taken their case to the European Court.
They won their cases, but big business really doesn't like it and are appealing the decisions.
So it is probable but maybe no more than possible that p/t staff will get a holiday wage packet based on actual hours worked rather than contracted hours, but maybe not.
Anyway some bod at the CWU has been following the cases and hanging on to the coat tails of these brave workers, the CWU has asked RM to consider the position.

[hans solo]

cwu should have been fighting this on their on members behalf not relying on the work of others and waiting on others outcomes

[Mr_Pink]

If this ruling goes in our favour, get ready for the push for zero hour contracts sooner rather than later, this will no longer make having loads of P/T staff, most of whom work O/T to make up their wages, viable for RM if one of the main reasons for having so many P/Timers is wiped out in an instant, not to mention having to pay millions in back pay!

Maybe they'll look into all the other pro-rata bonuses that P/T staff who work as many hours as full timers miss out on

[Captain Scarlet]

I have a mate in another line of public service work and their union has lodged a claim for all their staff for exactly the same thing, he reckons they will get a s**t load of Wonga and the union are footing the legal bill for all that can claim money back...........C,mon CWU get on the bandwagon

[123456]

pure posturing from the union,royal mail will soon put an end to this sillyness,nothing to see here im afraid..

[TrueBlueTerrier]

pure posturing from the union,royal mail will soon put an end to this sillyness,nothing to see here im afraid..

Is there anything you base this assertion on apart from they way RM treat us normally. Its an honest question because as I understand it Royal Mail will have no choice in whether they pay out or not, if the judgement goes our way. If Royal Mail can't pay then a legal eagle I know asserts that the Government will have to cover the payments because of the laws from the EU.

[gluteus maximus]

Trueblue is bang on

Emination of the state

Walker V British Gas

[123456]

"not yet binding,though not certain,could have,may mean,"sample of the words from cwu. i hope its true and members get monies owed,it all comes down to the detail.we shall see,not putting a downer on it at all,if its possible lets see the union take the lead and get on with it,be upfront and honest and get whats owed,they could really do with relaying some good news.

[Newbie001]

Just a thought here. It's getting hard for P/T staff to get any overtime now, we don't even get asked to work our day off anymore. It seems like most of the o/time goes to the full-timers. Just wondering if its anything to do with this judgement.

[terry2972]

It all depends on the office there seems to be enough ot in the Office I work in

[pink panther]

Your holiday pay should be based on your annual average pay.