LTB 474/20 Average Pay on Annual Leave : identifying a number of lead claimants in England and Wales whose cases could then be considered ahead of a case management hearing on 30th September 2020.

[POSTMAN]

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LTB 474/20 Average Pay on Annual Leave (Holiday Pay) Royal Mail Group
No. 474/20

29th September 2020

Dear Colleagues,

Average Pay on Annual Leave (Holiday Pay) Royal Mail Group

Further to LTB 289/20 circulated on 4th June 2020, Branches will recall that in conjunction with Unionline the Department sought to identify a number of lead claimants in England and Wales whose cases could then be considered ahead of a case management hearing on 30th September 2020.

In advance of this activity the Department met with Unionline and CWU Legal Services on 23rd September 2020 and steps were taken to refine the number of potential lead claimants that had put their names forward, whilst also taking into account both geography and workplace.

A preliminary hearing will now be held at the Bristol Tribunal on 5th October 2020 at which the Judge will approve the final list of lead claimants and then set a date for a full hearing. This is now likely to be in 2021.

Branches should also note the previous advice issued regarding the submission of Employment Tribunals:



For existing claims new periods of holiday leave are added without the need to submit further individual applications to amend, or further claims. The Tribunal has however noted that this is still happening and members are therefore urged not to make further holiday claims.


For new claimants (i.e. those who are not already part of the case) once lodged in the normal way future periods of leave can be added without the need for individual amendment BUT these new claims must be lodged with the Bristol Employment Tribunal.


The Union appreciates that this matter has been ongoing for some time and the frustration that this may have caused. Events have however been complicated by COVID-19 and this in turn has had a major impact upon the legal process. Colleagues are reminded that progressing this as one case with one hearing of lead claimants is better than having thousands of separate hearings across the country with various Judges making different decisions. Presenting one case will bring about a final resolution to this matter for all members.

For those members who have registered cases in Scotland and Northern Ireland the situation remains the same as outlined in the aforementioned LTB and is reproduced below for ease of reference.

SCOTLAND


Branches will recall that all employment tribunal claims in Scotland were originally sisted until 20th April 2020. This was then extended by just over a week to 28thApril 2020.

Following an update from Unionline in Scotland, unfortunately the position is that all Tribunal hearings scheduled to take place from the middle of March until 30th June 2020 have now been cancelled. These claims will be prioritised when the Tribunal list in person hearings again.

In the telephone case management discussions involving the respective parties, in order to reschedule cancelled hearings, the Tribunal has advised that these Employment Tribunal cases will now be listed for a final hearing through Jan 2021 until March 2021.

The cases are of course safely in the system and it is possible that the timeframe for final hearings will be reduced. However, rather than raise expectations, at the time of writing we have to work on the assumption that there is likely to be a significant delay in arranging a final hearing. Unionline will be writing to the Tribunal this week to request that a telephone case management be arranged so that cases can start to be progressed.



NORTHERN IRELAND



The situation in Northern Ireland remains unchanged at present, with all cases awaiting the outcome of the case involving the Police Service of Northern Ireland.

The Union will continue to press Royal Mail Group to reach an acceptable agreement but their financial situation has undoubtedly had a bearing on how management view this matter.

Colleagues will be provided with a further update after the preliminary hearing on 5th October 2020.

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)

[Trumanity]

The information below is now Employment Law.

The Good Work Plan became law on 6th April 2020 and introduced several new measures designed to provide clearer and fairer terms of employment for individuals. These changes include the right to a contract of employment from the first day of employment as well as changes to the way holiday pay is calculated. From 6th April 2020 Holiday pay should be calculated over a 52-week reference period therefore when a colleague takes annual leave, their holiday pay should be worked out to include any paid overtime worked within a rolling 52 weeks period.

Is Royal Mail above employment law? The issue of Average Pay on Annual Leave is not negotiable and needs to be part of the 2020 settlement with the CWU.According to the above statement, they are now acting illegally.

[yellowbelly]

My opinion but surely it musn't be part of any deal or settlement' - as you said it's the law so if it was part of a deal we'd be giving
something away for some of RM's 'benefaction' when we don't need to - it's law and that's why it's going through
a tribunal court - a court which is part of the legal system.

[wallan]

If Its Law Its Law , Just Pay It