Annual Leave & Addional Hours Payments, Berryman v Secretary of State for Justice

[Redacer]

UPDATE

To answer a previous question/point, all overtime in the Prison Service unless Operational Emergencies is Voluntary.

The Prison Service are currently working out what each member of staff is owed and the National Chairmen has confirmed that staff will be paid a lump sum this month. The back pay goes back to March 2016.

Surely now Royal Mail and all other companies have to follow suit. In accordance to Employment law, precedents have been set.

[lambert246]

I think the union are testing the waters and attempting to get RM to discuss & propose solutions which they are currently refusing to do.
If RM are hit by a large number of tribunal claims (3-4 per office ) then they will hopefully sit down and jointly work out a system for making sure an employee gets a mean average of their OT payed to them when they take AL.
They are not honouring their commitment to the balance between FT and PT and PT members are suffering losses whilst on AL as result.
FT members who need the extra income from OT are not going to need it any less when they go on AL as well.
The 12 week calculation is purely because tribunal claims have a 3 month time limit.
I would urge all reps to ensure these claims are put in ASAP.
If the action is not co-ordinated or actioned at all in some offices then the result is less bargaining power for the CWU to credibly have.
Lets get a policy in place that benefits our members so they can enjoy their AL.

[Redacer]

I know of companies who are very aware of this and know that it is coming. Some will probably go under but this has been known for some time. The testing of waters and donkey work has been done.

Why has somebody been employed on say a 20 hour contract and immediately in cases, done 40 plus hours every week. This was so wrong as the work hours needed in the workplace far exceeded what contracts were given. Others in that workplace should have been offered more contract hours then additional hours would not have been needed to be done.

I personally hope that the CWU direct theirs Solicitors to immediately rectify this matter in the courts so that Royal Mail employees will receive the same outcome as the Prison Service Association has got for their members.

[SpacePhoenix]

Long term could it result in RM using more casuals/agency?

[Redacer]

I agree with Lambert 246. We all need to speak to our reps now and strike while the iron is hot.

To the majority of Royal Mail employees this is a considerable amount of money.

[rogersh]

Long term could it result in RM using more casuals/agency?

In the short term it appears Agency staff are being reduced in RDC's according to this LTB.

EDIT
No.179/2019

21st March 2019

Dear Colleagues

JOINT STATEMENT BETWEEN ROYAL MAIL AND THE CWU IN RELATION TO RDC AND WBC RESOURCING MIX ACTIVITY

Following discussions Joint activity was agreed, including the involvement of CWU Industrial Engineers, to establish a revised process which meets the commitments in the Four Pillars agreement and Realignment documents.

A Joint Statement has now been concluded and endorsed by the Postal Executive, which provides a Methodology for Creating a Model Week in RDC’s/WBC’s to support the commitments in the Guiding Principles Agreement in relation to resourcing mix activity.

It is anticipated that the methodology that will be applied will provide a clear process in RDC’s/WBC’s in relation to establishing an equitable resourcing mix that will:

 Maximise contractual staff.

 Avoid stranded costs during low workload demand periods.

 Provide a level of fixed and flexible earning opportunities to meet employee aspirations (OT/SA).

 Ensure a reliable resourcing base.

 Ensure effective alignment of resource to workload.

 Be compliant with all National agreements (e.g. AL, SA etc.)

 Comply with all legislation (e.g. Working Time Directive etc.)

 Promote the use of innovative, mutual interest duty structures, ensuring workload clearance while providing work/life balance.

The attached Joint Statement provides details of the review process to be undertaken on an annual basis and at peak periods to ascertain and facilitate resourcing mix requirements.

It is jointly envisaged that the processes that have been developed will provide a framework that will enable maximum permanent resourcing to be achieved, whilst also seeking to minimise stranded costs. Equally, the processes will enable flexibility in relation to resourcing, the maintenance of earnings potential for existing employees and reduce the reliance on agency resource during peak demand periods. It is jointly intended that the defined process will provide a method of reducing reliance on agency use and promote a contractual resourcing model that maximises, wherever possible, a permanent workforce consistent with existing agreements to ensure that a robust staffing base is achieved............

Davie Robertson
Assistant Secretary

LTB 179-19 – JS RDC & WBC Resourcing Mix Activity https://emails.cwu.org/t/d-l-pcthut-ztkjiuyil-i/" onclick="window.open(this.href);return false;

JS In Relation To RDC And WBC Resourcing Mixed Activity 21.03.19 https://emails.cwu.org/t/d-l-pcthut-ztkjiuyil-d/" onclick="window.open(this.href);return false;

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