Has the process changed at all with the new pay deal?

[kinew]

Basically as title - is the process for following this up/claiming still as in the stickied thread? I've been working 60-70h weeks through since last march but down to my 27.5h contract pay in weeks off last month, so would like to put in a claim to be paid my regular hours for leave, but the thread is fairly old and I don't know if the recent ballot/pay deal has affected anything?

Additionally, has anyone who's done this found its affected them at all? With things the way they are I'm a little concerned about putting a target on my back/being denied further docket etc - am I screwing myself in the future for a few hundred quid now?

Cheers.

[yellowbelly]

The process hasn't changed with the agreement as the average pay issue is ongoing
under the legal process of an industrial tribunal.

I registered and put in an initial claim in the summer of 2019 which was paid, then my future claims come under the tribunal process.
Haven't had any problems with management or working OT (but not working as much as you appear to be).

[POSTMAN]

What Yellowbelly said.

So many stickies I genuinely do not know what to do with them, what a crock s**t of a goings on.
It seems every other company and it's dog has an agreement except us ffs.

[Kaning It]

The Tribunal at Bristol have around 6000 claims. The hearing will be in July following a hearing in June to decide which individual cases will be used as test cases.

All claims are being sent to Bristol whether posties are union members or not.

No early conciliation. Everything is being lumped in together so process is put in an ET1 and wait for July (or longer if there is an appeal).

[HTPostman]

What Yellowbelly said.

So many stickies I genuinely do not know what to do with them, what a crock s**t of a goings on.
It seems every other company and it's dog has an agreement except us ffs.

Agree 100%. It is a huge shame that this couldn’t have been resolved, out of court, during the many months of talks between RM and CWU. But then I guess that’s what happens when a predominately FT focused union is tasked with a predominantly PT issue.

My prediction for June/July is either Royal Mail’s lawyers find a loophole or there’s yet another delay. If it’s found RM should’ve been paying it and have £X millions to shell out I bet they get the begging bowl out and try to come to a ‘deal’ when the time for compromise was during the talks.

[Wolf91]

How do you put in a claim ?

[Dexydog]

What Yellowbelly said.

So many stickies I genuinely do not know what to do with them, what a crock s**t of a goings on.
It seems every other company and it's dog has an agreement except us ffs.

Agree 100%. It is a huge shame that this couldn’t have been resolved, out of court, during the many months of talks between RM and CWU. But then I guess that’s what happens when a predominately FT focused union is tasked with a predominantly PT issue.

My prediction for June/July is either Royal Mail’s lawyers find a loophole or there’s yet another delay. If it’s found RM should’ve been paying it and have £X millions to shell out I bet they get the begging bowl out and try to come to a ‘deal’ when the time for compromise was during the talks.
[/quote.

I'm expecting a letter anytime between now and just after the "result" of the obviously fixed ballot on 16th July, to say if I accept the 2 year backpay I forfeit my right to follow up at tribunal. (illegal but I wouldn't put it past them to try it on).
If they do try that one, I'm going to take the money and let ACAS deal with what I should have got, after all there'll be nothing to lose at that point.
Obviously they will appeal when the delayed tribunal starts making judgements, so expect this to rumble on for a bit longer.
As I'm leaving in September (will also get April To September payment) ,might as well get some money now and see what happens after I leave, most likely won't care by then.
The whole thing is a mess, union as usual completely useless.

[yellowbelly]

How do you put in a claim ?

Now there is an agreement (pending ratification by vote), you can't put in a claim through ACAS/ET that would be supported by
CWU. You are now dependant on the new agreement UNLESS you want to put in an ACAS/ET claim for OT - but I would
imagine the only scenario in which that would be viable is if you are owed thousands and want to claim going back more than
the two years backdated that the agreement is supporting - as you would be on your own in terms of legal support
at any ET as CWU have said they will not support such claims now there is an 'agreement'.

[Fiesta1996]

I got a letter back from ACAS saying this

"Regional Employment Judge Pirani has directed me to confirm that this case is stayed as directed
in the Case Management Order of the President of 16 September 2019, a copy of which is attached
and that the stay is extended until further notice.
I am further directed to confirm that the Respondent is not required to present a response in this
case at this stage"

I don't think i will qualify for 'the deal' as I left RMG shortly before the cut off point due to being exasperated with the whole thing, when I could get a higher wage for easier work once holiday pay is considered. (After holiday pay, I would have been better off resigning, and asking for the same job back at the same depot but working for an agency who would at least pay me holiday pay on all hours!)

I presume despite being ineligible for 'the deal' I can't proceed with a tribunal until the 'stay' is lifted. God knows how long that will be.

[Dexydog]

Can't say that's much of a surprise.
How can a judge say they don't have to reply almost 2 years after the initial claim??
Confirms my suspicion that courts are there to line the pockets of their own by extending cases indefinitely.
I might just take what's on offer and draw a line under it.

[Kaning It]

I got a letter back from ACAS saying this

"Regional Employment Judge Pirani has directed me to confirm that this case is stayed as directed
in the Case Management Order of the President of 16 September 2019, a copy of which is attached
and that the stay is extended until further notice.
I am further directed to confirm that the Respondent is not required to present a response in this
case at this stage"

I don't think i will qualify for 'the deal' as I left RMG shortly before the cut off point due to being exasperated with the whole thing, when I could get a higher wage for easier work once holiday pay is considered. (After holiday pay, I would have been better off resigning, and asking for the same job back at the same depot but working for an agency who would at least pay me holiday pay on all hours!)

I presume despite being ineligible for 'the deal' I can't proceed with a tribunal until the 'stay' is lifted. God knows how long that will be.

I assume the ET will send a new message to all those with current claims when the union deal is done which shouldn’t be long if the deal is agreed. I would guess that everyone with their own claim will then have the opportunity to carry that on and/or RM will make an offer to draw a line.

Maybe ACAS will contact each Claimant and repeat the early conciliation stage or in fact, do it for the first time for those cases who didn’t get the benefit of that process due to the lumping of it all together at Bristol.

I would assume most who have a valid claim going back more than 2 years will want to see their own claim through.

[Kaning It]

How do you put in a claim ?

Just fill out the form. You get 3 months from the incident (in this case the week you don’t get paid) to put in a claim and so if you want to wait for the outcome of the ballot, you can but don’t miss the 3 month deadline else you will be out of time:

https://www.gov.uk/government/publicati ... l-form-et1