Average Pay Agreement: Reps Briefing

[Dexydog]

We don’t get to vote , just the reps ? So we’ll have to accept it

Nothing to stop the REP having an Office Ballot

Why is it then that ALL the reps aren't having an office ballot??
Maybe because the union just want it through.
Absolutely shocking they bypass their members on such an important issue.

[Woody Guthrie]

What's supposed to happen is that the local reps gauge the feeling in the office by way of a Q&A and an informal vote then the branch contacts the local reps to come to a branch position.

What happens in reality in the vast majority of cases is that the branch follows the recommendation of the PEC no matter how the members feel because.. politics.

[Kaning It]

What do the Union say about the agency staff getting holiday pay based on their average over the last 52 weeks (so with none of this allegedly required definition of regular)?

https://angardstaffing.co.uk/payroll-faqs/

“How do I earn Holiday Pay?
Your holiday pay rate is calculated by taking your average weekly gross pay from your last 52 working weeks and dividing by your average weekly hours worked in the current holiday year. Your holiday is automatically calculated when processing your weekly timesheet and is displayed in JoinedUp.”

[iainwilson]

The law says the reference period for average holiday pay is 52 weeks. This agreement is using 26 weeks and is illegal on that point alone.

[Woody Guthrie]

The law says the reference period for average holiday pay is 52 weeks. This agreement is using 26 weeks and is illegal on that point alone.

The 52 week reference period does not apply to workers who have contracted or "normal" hours.

What about workers with normal working hours?

There is no statutory reference period when calculating holiday pay for workers with normal working hours. Case law suggests that holiday pay for these workers should be based on an average over a period that is ‘representative’ i.e. one which reflects normal working. In practice, even although the amended legislation does not apply to workers with normal working hours, it might result in tribunals being more inclined to view 52 weeks as being ‘representative’, rather than 12 weeks.

The Government legislation only applies to calculating holiday pay for workers without fixed hours or pay.

[Kaning It]

The law says the reference period for average holiday pay is 52 weeks. This agreement is using 26 weeks and is illegal on that point alone.

The 52 week reference period does not apply to workers who have contracted or "normal" hours.

What about workers with normal working hours?

There is no statutory reference period when calculating holiday pay for workers with normal working hours. Case law suggests that holiday pay for these workers should be based on an average over a period that is ‘representative’ i.e. one which reflects normal working. In practice, even although the amended legislation does not apply to workers with normal working hours, it might result in tribunals being more inclined to view 52 weeks as being ‘representative’, rather than 12 weeks.

The Government legislation only applies to calculating holiday pay for workers without fixed hours or pay.

So the Union don’t address it? I can’t believe any rational thinking person/employment tribunal judge would somehow think that postman don’t work irregular hours.

It’s the same argument for those people who were on commission but got furlough based on average pay despite having a contract with set hours.

Furlough, like holiday pay was always designed to give employees their normal pay - all the caselaw around this supports paying holiday pay at the average of the last 52 weeks. I think we will have to agree to disagree on what the law (legislation & caselaw) requires around holiday pay.