LTB 606/19 - Average Pay on Leave (Holiday Pay Claims) : Non-Payment of Agreed Settlements

[TrueBlueTerrier]

LTB 606/19 - Average Pay on Leave (Holiday Pay Claims) – Non-Payment of Agreed Settlements

No. 606/19

18th October 2019



Dear Colleagues,

Average Pay on Leave (Holiday Pay Claims) – Non-Payment of Agreed Settlements

The Department has been made aware that a number of individual settlements agreed and signed via the COT3 have not yet been paid within the agreed timescale. For clarity this money should be paid to the claimant via the payroll system “no later than 21 working days following receipt by the respondent’s representative of this agreement duly signed by or on behalf of the claimant”.

The CWU sought advice from ACAS in relation to the issue of non-payments and this is reproduced below for the attention of those Branches with members who have not been paid within the agreed timescales.



If the settlement sum is not paid as agreed, the Claimant or their Representative should contact ACAS, or alternatively see http://www.acas.org.uk/COT3enforcement" onclick="window.open(this.href);return false; for information on the enforcement procedures under s.142 of the Tribunals Courts and Enforcement Act 2007. Please note that as from 6th April 2016 a party may be liable to a financial penalty not exceeding £5000 if a payment due under the terms of the settlement is not made.

Branches are also advised that a further meeting to pursue a collective agreement with Royal Mail Group has been arranged for 6th November 2019. In the interim, I would like to thank you all for your continued hard work and reiterate that Branches are encouraged to continue to maximise the number of claims through ACAS.

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)

19LTB606 – Average Pay on Leave (Holiday Pay Claims) Non-Payment of Agreed Settlements https://emails.cwu.org/t/d-l-xtiwuy-jtfltzjh-h/" onclick="window.open(this.href);return false;



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

[stodgy88]

Branches are also advised that a further meeting to pursue a collective agreement with Royal Mail Group has been arranged for 6th November 2019. Any update available.

[stodgy88]

Thinking about taking out a injunction to get this sorted : :

[Andrewp1978]

Is there a link for claiming for this. Still awaiting on a claim from September and have had a weeks holiday that I now also need to claim for.

[yellowbelly]

Is there a link for claiming for this. Still awaiting on a claim from September and have had a weeks holiday that I now also need to claim for.

Any claims from 23 Sep are being rejected at the early conciliation stage by RM (through ACAS). When you get notification of this you then
submit an employment tribunal claim, pretty straightforward, all done on line with a noddy guide from my local CWU area office. Your CWU rep
should know all about this.

All claims are then going to be heard as a group claim by the Bristol Tribunal Office in the New Year.

See LTB 575/19 here: https://www.royalmailchat.co.uk/communi ... 67&t=92739" onclick="window.open(this.href);return false;

[peshwaarinaan]

Returned my signed COT3 Agreement on 23rd September and finally got paid last Friday. So much for within 21 days.

[stodgy88]

I went through ACAS and got offered a substantial sum from Royal Mail for Average holiday pay. Its the way to go until its sorted. hello how do they work out the figure they offer you, is it a average for the full two years or a average for the 12 or so weeks you are on annual leave thanks in advance .

[pieoftheday]

I went through ACAS and got offered a substantial sum from Royal Mail for Average holiday pay. Its the way to go until its sorted. hello how do they work out the figure they offer you, is it a average for the full two years or a average for the 12 or so weeks you are on annual leave thanks in advance .

Hi, how do I make a claim via Acas? Is there an online form? Cheers jim

[stodgy88]

Any claims from 23 Sep are being rejected at the early conciliation stage by RM