LTB 575/19 - Average Pay on Leave : 'Case Management Order' has been introduced by the President of ET's which will transfer all existing and new cases to the Tribunal Centre in Bristol

Andrewp1978 · Post by **Andrewp1978** » 23 Dec 2019, 19:12

yellowbelly wrote:
Andrewp1978 wrote:Do we still need to fill in tribunal forms or is the acas claim enough now with the new statement regarding this? Tried to fill in et1 form but get as far as the acas ref number and it keeps saying I'm putting in the wrong ref number? I'm putting in the correct ref number & getting a bit f****d off with it.
You still attempt to submit a claim through ACAS for Early Conciliation but this will get rejected within a day or two (or maybe
longer if it's over Xmas/New Year) - this claim will have an ACAS ref number.

You then create an Employment Tribunal request - when you start to create the claim, the system will generate a 'Claim number' so you
can go back at any time to save/edit. Within this Employment Tribunal request one of the fields will request the ACAS ref number from
your rejected submission for Early Conciliation. Our local area rep gave us a 'noddy guide' of what to fill in for the various fields.

My ACAS claim number was of the format Rxxxxxx/19 (the x's are numbers). Don't know if the first letter changes...

Hope this helps.

This is what I have done so far. I now have 2 certificates. 1 from august holiday and 1 from november. Owed at least £700 plus another week off next week having worked 60+ hours for the last 4 weeks. Both ref numbers begin R & end /**. Entering either results in "invalid reference number"?

Post by **stodgy88** » 10 Jan 2020, 04:55

could you possibly give a ballpark figure what sort of figures I can expect ,going on your own figures ,I have averaged around £100 per week overtime for the last 2 years thanks.

yellowbelly · Post by **yellowbelly** » 11 Jan 2020, 15:11

stodgy88 wrote:could you possibly give a ballpark figure what sort of figures I can expect ,going on your own figures ,I have averaged around £100 per week overtime for the last 2 years thanks.

You've said it yourself - average of 100 per week O/T, you should get that per week of holiday then, but totally depends on the actual O/T you
were paid the 12 weeks before your holiday that the claim is for. Posties I know have only been given the pay for the holiday week they claimed
for under this process - I've no personal knowledge of anyone being given two years backdated holiday pay.

Post by **stodgy88** » 11 Jan 2020, 17:15

The reason I asked ,put a claim in using the figures ,royal mail disputed it,so thought id leave till they gave a group decision, but believe from april will be for full year average ,not the 12 weeks before the week you are claiming for.

yellowbelly · Post by **yellowbelly** » 12 Jan 2020, 18:27

stodgy88 wrote:The reason I asked ,put a claim in using the figures ,royal mail disputed it,so thought id leave till they gave a group decision, but believe from april will be for full year average ,not the 12 weeks before the week you are claiming for.

Not heard/seen anything from CWU or RM about the 'full year average from April' you refer to. Thought that RM/CWU talks were occurring up to the end of the
year and then if no result, the Bristol Tribunal is going to set the standard.

Post by **stodgy88** » 12 Jan 2020, 21:57

Sure I read somewhere regarding "full year average " but cant find it ,so apologises if I got that wrong.

Post by **rogersh** » 12 Jan 2020, 23:03

stodgy88 wrote:Sure I read somewhere regarding "full year average " but cant find it ,so apologises if I got that wrong.

Have just searched & found this. https://www.xperthr.co.uk/legal-timetab ... ks/163964/" onclick="window.open(this.href);return false;

Increase in holiday reference period from 12 weeks to 52 weeks
Implementation date: 6 April 2020
The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (SI 2018/1378) increase the reference period used for determining a week's pay when calculating holiday pay for workers with irregular hours from 12 weeks to 52 weeks. The Government's Good work plan states that the changes will allow greater flexibility for workers in choosing when to take holiday, particularly for those in seasonal or atypical roles that limit some workers from benefiting from their full holiday pay entitlement.

Post by **stodgy88** » 13 Jan 2020, 06:35

Thanks,knew I'd read it somewhere.

yellowbelly · Post by **yellowbelly** » 13 Jan 2020, 18:01

rogersh wrote:
stodgy88 wrote:Sure I read somewhere regarding "full year average " but cant find it ,so apologises if I got that wrong.
Have just searched & found this. https://www.xperthr.co.uk/legal-timetab ... ks/163964/" onclick="window.open(this.href);return false;

Increase in holiday reference period from 12 weeks to 52 weeks
Implementation date: 6 April 2020
The Employment Rights (Employment Particulars and Paid Annual Leave) (Amendment) Regulations 2018 (SI 2018/1378) increase the reference period used for determining a week's pay when calculating holiday pay for workers with irregular hours from 12 weeks to 52 weeks. The Government's Good work plan states that the changes will allow greater flexibility for workers in choosing when to take holiday, particularly for those in seasonal or atypical roles that limit some workers from benefiting from their full holiday pay entitlement.

rogersh - that's an awesome find, thanks! Can't recall I've ever seen it referenced directly in any of the CWU bulletins regarding this topic.
It's good to actually see something in writing - knowledge is power!!

dazer0070 · Post by **dazer0070** » 14 Jan 2020, 21:02

So will any current pending claims be automatically recalculated to 52 weeks from the original 12, do you think? Or will it be a case of claiming again after the tribunal

hans solo · Post by **hans solo** » 17 Jan 2020, 12:21

any news when cases being heard

Post by **stodgy88** » 19 Jan 2020, 09:59

Cant see royal mail pulling their fingers out,now we are re balloting or does the tribunal decide when the group payment is processed ?

yellowbelly · Post by **yellowbelly** » 19 Jan 2020, 15:06

stodgy88 wrote:Cant see royal mail pulling their fingers out,now we are re balloting or does the tribunal decide when the group payment is processed ?

I think the holiday pay/overtime issue is totally separate to 'the dispute' as the issue is already in the arbitration/tribunal process.
When the case is heard (haven't seen a specific date) and the result given, if it is in our favour (and I can't see how it can't be in the light
of the info rogersh posted above) I would imagine RM will have to abide by a timescale for payments to be made.

Post by **stodgy88** » 19 Jan 2020, 16:09

Think and hope you are probably correct.

Grumpyoldmailman · Post by **Grumpyoldmailman** » 21 Jan 2020, 10:59

hans solo wrote:any news when cases being heard

Someone told me this morning that it’s in court today, anyone confirm?

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