Part time hours full time duty

[TrueBlueTerrier]

http://www.royalmailchat.co.uk/communit ... 15&t=67886" onclick="window.open(this.href);return false; LTB 64/15 HOLIDAY PAY - EUROPEAN WORKING TIME DIRECTIVE

http://www.royalmailchat.co.uk/communit ... 15&t=70165" onclick="window.open(this.href);return false; LTB 403/15 - UPDATE ON HOLIDAY PAY

[stan_lers]

The holiday hours thing is indeed a court ruling so I don't see why RM aren't doing it yet,

I believe the court ruling was to do with compulsory overtime which RM already does (Scheduled Attendance payments)
And while there is a strong moral argument for p/t holiday pay, there is no legal argument as yet.

I'm PT on a full-time duty, which wouldn't get completed if I worked my 30hrs. I've been working those hours for about 8 months, and if I was off, someone else would have to cover it on FT hours too.

It's voluntary OT for me (although I'd probably get moved to another duty if I refused), but for the company it's compulsory OT, because they have to use FT hours to complete the duty, whether that's a full-timer or a part-timer on overtime.

[RichieHel]

I'm on a 20hr contract.
I did 60hrs and 5mins this week!

[abuch1980]

Happening all across the country. PTers working FT hours because offices can't run without them. Why doesn't the union address this?

If they won't make up our contracts at least give us the equivalent FT holiday quota.

Exactly !!! Amen to this.

[97gaz]

[q

[rogersh]

I think this explains the holiday pay situation which Norm was alluding to .

TP/60000/18/hn

3rd August 2018

Mike Newby ER/IR Director Royal Mail Group 3rd Floor 100 Victoria Embankment London EC4Y 0HQ


Dear Mike,

Holiday Pay

Further to our meeting on Thursday 2nd August 2018, I agreed to write to you setting out the Union’s position in relation to the longstanding issue of holiday pay.

From the outset, the CWU have made clear our preference to seek a collective Agreement on this issue rather than pursue litigation which will be costly and timeconsuming for both parties. In contrast to 2015 and on the basis of the advice we have received to date, we believe the legal position is clearly established i.e. workers should receive the same pay while they are on annual leave as they normally receive while they are at work and that all types of overtime, including voluntary, must be included when calculating a worker’s statutory holiday pay entitlement, apart from overtime that is generally worked on an occasional and infrequent basis.

However, at our recent meeting you stated that:

1. There was not a consensus on a joint approach to eventually conclude an Agreement on the issue in 2015.

2. Your legal advisors did not agree that the issue of average pay whilst on annual leave had been established via the numerous court cases settling on such matters.

Against that backdrop we have agreed to try and clarify our differing legal advice by bringing our respective legal advisors together to establish either a legal consensus on the principle having been established, or be clear on the differences of the interpretation of recent case law. Equally, we will also request from our advisors clarity on the issue of what constitutes ‘regular’ overtime.

We were also open with you that despite our attempts to mitigate and address the problems at source as part of the Four Pillars Agreement (section 8 of the Agreement ‘Resourcing in line with Current Agreements’, particularly in relation to excessive overtime worked by part timers) Motion 60 carried at CWU Conference 2018 requested that the Postal Executive consult with Branches to find suitable cases of members who regularly work above their contracted hours but receive only contracted pay whilst on leave.

We have therefore started to make the necessary arrangements for members to file individual ET claims supported by the CWU. In the meantime, the Union is asking the Company to commit to developing a collective Agreement on the issue of average earnings holiday pay.

I genuinely believe we have proven that we are both capable of confronting the challenges of our time in the same way we have addressed the issue of pensions. Clearly the issue of average pay whilst on annual leave is another area requiring a modern and fair solution and we are best placed to do that now. Personally, I believe we should pride ourselves on being industry leaders on all aspects of employment and that on this issue we should indeed respond to the clear direction of travel and make an Agreement.

However, we made the point at our meeting (and I believe you understood our position) that we cannot delay any longer our preparation for a legal remedy. So unless the Company genuinely commits to developing a collective Agreement on average pay whilst on annual leave, the CWU will continue to pursue our litigation strategy and put the necessary arrangements in place to allow members to file individual claims and seek legal redress.

I thank you for your time and look forward to your reply.

Yours sincerely


Terry Pullinger Deputy General Secretary (Postal)

Cc Sally Ashford, Group HR Director Sue Whalley, CEO Post & Parcels UK