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Cheers Terry

All the LTB'S and latest discussion threads on getting extra holiday payments when going on holiday for those who work above their contracted hours.For part-timers 'and' full-timers.
wazer
Posts: 357
Joined: 17 Jan 2014, 21:20
Gender: Male

Cheers Terry

Post by wazer »

Must thank Terry for getting good deal on backpay ot.. NOT..
Earned over 3k in ot throughout pandemic. Due to a total of 2 seperate (week)holidays ,im not entitled to anything.Yes it has been checked. Have the cwu read the agreement before signing.RM must gave a great big smile. Getting in touch with ACAS.
Dexydog
Posts: 887
Joined: 14 Jan 2017, 13:54
Gender: Male

Re: Cheers Terry

Post by Dexydog »

Could I suggest this should be moved to the appropriate section, as everyone that has been short changed should be doing the same.
I get the feeling most people will have a good moan, but ultimately not do anything about it.
Everyone affected needs to cause them a problem, best way is another court case for RM to defend.
worktotime
Posts: 2860
Joined: 14 May 2010, 20:47
Gender: Male

Re: Cheers Terry

Post by worktotime »

disgusting imo , anyway the thing that has really pissed me off and maybe others as well is fair enough they agreed to the 8 hrs x 6 month which most have found out now its shite , but that should have not been included in the 2 year backpay as when posties where going through acas and court claims the company decided to start paying some posties out but that wasnt based on the 8 hrs x 6 month and was based on ALL the overtime worked . so how does that work ? but im afraid we are stuck with this deal of the century now even with acas claims as the company or the cwu wont change anything .
Piggy252
Posts: 3
Joined: 12 Jul 2016, 07:25
Gender: Male

Re: Cheers Terry

Post by Piggy252 »

I spoke with ACAS today and they advised me that my individual case and group case was closed on the 23rd October. I am confused to say the least. i know i will only qualify for 2 out of the 4 periods due to not hitting the 8hr nonsense of a benchmark. With that said i didn't receive anything in my wage this week because i didn't want to retract my claim and think it is an unfair agreement. I am not sure what is actually happening with other peoples claims but surely Royal mail still think i have a claim otherwise i would have received part of the cwu agreed payment. Do i have to put another case in to fight this? Anyone got any info to what is actually happening?.
wazer
Posts: 357
Joined: 17 Jan 2014, 21:20
Gender: Male

Re: Cheers Terry

Post by wazer »

I thought i put this in union thread.As for do nothing ,ive already spoke to ACAS, sending me claim firms. Got uck all to lose and its free .Plus you get to decide wot to do not be forced into anither s**t agreement.All thats pissed off, see your rep if still paying the useless fees.
Kaning It
Posts: 95
Joined: 03 Mar 2021, 17:41
Gender: Male

Re: Cheers Terry

Post by Kaning It »

Piggy252 wrote:
08 Oct 2021, 11:41
I spoke with ACAS today and they advised me that my individual case and group case was closed on the 23rd October. I am confused to say the least. i know i will only qualify for 2 out of the 4 periods due to not hitting the 8hr nonsense of a benchmark. With that said i didn't receive anything in my wage this week because i didn't want to retract my claim and think it is an unfair agreement. I am not sure what is actually happening with other peoples claims but surely Royal mail still think i have a claim otherwise i would have received part of the cwu agreed payment. Do i have to put another case in to fight this? Anyone got any info to what is actually happening?.
The tribunal pretty much said they would consider that you have withdrawn the case if you didn’t write to confirm you wanted to continue (non Union). If you are in the Union and didn’t send in the withdrawal form, make that clear in writing to the ET at Bristol who are looking after all the RM claims.

If you are not in the Union and told them you didn’t want to withdraw, resend that email to the ET and make clear you don’t want to withdraw. If you didn’t tell them, put in a new claim based on the non payment this week.

ACAS may have given you generic advice about the RM/Union case. Speak to the Employment Tribunal in Bristol first to check the actual position with your claim.
Kaning It
Posts: 95
Joined: 03 Mar 2021, 17:41
Gender: Male

Re: Cheers Terry

Post by Kaning It »

worktotime wrote:
08 Oct 2021, 10:28
disgusting imo , anyway the thing that has really pissed me off and maybe others as well is fair enough they agreed to the 8 hrs x 6 month which most have found out now its shite , but that should have not been included in the 2 year backpay as when posties where going through acas and court claims the company decided to start paying some posties out but that wasnt based on the 8 hrs x 6 month and was based on ALL the overtime worked . so how does that work ? but im afraid we are stuck with this deal of the century now even with acas claims as the company or the cwu wont change anything .
Not stuck if an ET judge makes a more reasonable decision on the ongoing and any new claims. Remember a deal was done to stop this going to tribunal, it was never considered by a judge. RM knew they were at risk of having to pay holiday pay based on average pay over the last 12 months (as they do for agency workers). They did the deal to stop a judge applying the law and setting a more expensive precedent and in doing so got the Union to agree this 8hr nonsense.

The arguments have not yet been heard by an ET. The more people put in claims and don’t withdraw, the more pressure gets applied on RM to agree what they should have in the first place.
Piggy252
Posts: 3
Joined: 12 Jul 2016, 07:25
Gender: Male

Re: Cheers Terry

Post by Piggy252 »

Kaning It wrote:
08 Oct 2021, 11:59
Piggy252 wrote:
08 Oct 2021, 11:41
I spoke with ACAS today and they advised me that my individual case and group case was closed on the 23rd October. I am confused to say the least. i know i will only qualify for 2 out of the 4 periods due to not hitting the 8hr nonsense of a benchmark. With that said i didn't receive anything in my wage this week because i didn't want to retract my claim and think it is an unfair agreement. I am not sure what is actually happening with other peoples claims but surely Royal mail still think i have a claim otherwise i would have received part of the cwu agreed payment. Do i have to put another case in to fight this? Anyone got any info to what is actually happening?.
The tribunal pretty much said they would consider that you have withdrawn the case if you didn’t write to confirm you wanted to continue (non Union). If you are in the Union and didn’t send in the withdrawal form, make that clear in writing to the ET at Bristol who are looking after all the RM claims.

If you are not in the Union and told them you didn’t want to withdraw, resend that email to the ET and make clear you don’t want to withdraw. If you didn’t tell them, put in a new claim based on the non payment this week.

ACAS may have given you generic advice about the RM/Union case. Speak to the Employment Tribunal in Bristol first to check the actual position with your claim.
Thank you, I am in the union never received any correspondence from them regarding this or from acas.
ET Bristol? Do you know the contact details for this I can't find any info?
wazer
Posts: 357
Joined: 17 Jan 2014, 21:20
Gender: Male

Re: Cheers Terry

Post by wazer »

Cheers for info.
Done breakdown .
April- Sept ot hrs 220
I was short p5 2hr (1 weeks leave)
P6 4hrs. (1weeks leave)

Oct - march 192 hrs ot
Short by P9 pass
P10 1hr (winter leave)

So fir roughly 7 hrs short i get bugger all.
Kaning It
Posts: 95
Joined: 03 Mar 2021, 17:41
Gender: Male

Re: Cheers Terry

Post by Kaning It »

Piggy252 wrote:
08 Oct 2021, 12:59
Kaning It wrote:
08 Oct 2021, 11:59
Piggy252 wrote:
08 Oct 2021, 11:41
I spoke with ACAS today and they advised me that my individual case and group case was closed on the 23rd October. I am confused to say the least. i know i will only qualify for 2 out of the 4 periods due to not hitting the 8hr nonsense of a benchmark. With that said i didn't receive anything in my wage this week because i didn't want to retract my claim and think it is an unfair agreement. I am not sure what is actually happening with other peoples claims but surely Royal mail still think i have a claim otherwise i would have received part of the cwu agreed payment. Do i have to put another case in to fight this? Anyone got any info to what is actually happening?.
The tribunal pretty much said they would consider that you have withdrawn the case if you didn’t write to confirm you wanted to continue (non Union). If you are in the Union and didn’t send in the withdrawal form, make that clear in writing to the ET at Bristol who are looking after all the RM claims.

If you are not in the Union and told them you didn’t want to withdraw, resend that email to the ET and make clear you don’t want to withdraw. If you didn’t tell them, put in a new claim based on the non payment this week.

ACAS may have given you generic advice about the RM/Union case. Speak to the Employment Tribunal in Bristol first to check the actual position with your claim.
Thank you, I am in the union never received any correspondence from them regarding this or from acas.
ET Bristol? Do you know the contact details for this I can't find any info?

You can try bristolet@justice.gov.uk or call 0117 929 8261

Royal Mail’s legal team are at rmgholidaypay@weightmans.com
Dexydog
Posts: 887
Joined: 14 Jan 2017, 13:54
Gender: Male

Re: Cheers Terry

Post by Dexydog »

RM's legal team, I can tell you from experience, dont even acknowledge you. And why should they?
ACAS. EVERYONE.
the shadow 36
Posts: 29
Joined: 11 Sep 2008, 18:28
Gender: Male

Re: Cheers Terry

Post by the shadow 36 »

I was lucky I qualified for payment, but have much sympathy for people who didn't the system for calculating holiday pay seems very unfair . Wouldn't a fairer way be to add up all the hours you have worked in a 6 month period then just divide that total by 26 given you a fairer average and better chance of reaching the 8hour threshold for each month it would surely then stop the injustice where someone's worked alot of hours but just have a blip in one month. The current system means someone could work 48hours ot over 6 months and receive a payment where as someone else could work say 200 hours over 6 months and receive nothing which is ridiculous and creates a unhappy workforce.
Piggy252
Posts: 3
Joined: 12 Jul 2016, 07:25
Gender: Male

Re: Cheers Terry

Post by Piggy252 »

Kaning It wrote:
08 Oct 2021, 15:54
Piggy252 wrote:
08 Oct 2021, 12:59
Kaning It wrote:
08 Oct 2021, 11:59
Piggy252 wrote:
08 Oct 2021, 11:41
I spoke with ACAS today and they advised me that my individual case and group case was closed on the 23rd October. I am confused to say the least. i know i will only qualify for 2 out of the 4 periods due to not hitting the 8hr nonsense of a benchmark. With that said i didn't receive anything in my wage this week because i didn't want to retract my claim and think it is an unfair agreement. I am not sure what is actually happening with other peoples claims but surely Royal mail still think i have a claim otherwise i would have received part of the cwu agreed payment. Do i have to put another case in to fight this? Anyone got any info to what is actually happening?.
The tribunal pretty much said they would consider that you have withdrawn the case if you didn’t write to confirm you wanted to continue (non Union). If you are in the Union and didn’t send in the withdrawal form, make that clear in writing to the ET at Bristol who are looking after all the RM claims.

If you are not in the Union and told them you didn’t want to withdraw, resend that email to the ET and make clear you don’t want to withdraw. If you didn’t tell them, put in a new claim based on the non payment this week.

ACAS may have given you generic advice about the RM/Union case. Speak to the Employment Tribunal in Bristol first to check the actual position with your claim.
Thank you, I am in the union never received any correspondence from them regarding this or from acas.
ET Bristol? Do you know the contact details for this I can't find any info?

You can try bristolet@justice.gov.uk or call 0117 929 8261

Royal Mail’s legal team are at rmgholidaypay@weightmans.com
Much appreciated
woofwoof
Posts: 1516
Joined: 13 Apr 2007, 16:23
Gender: Male
Location: stinky land

Re: Cheers Terry

Post by woofwoof »

So it's a claim against losing out on the 8 hours rule now then
Kaning It
Posts: 95
Joined: 03 Mar 2021, 17:41
Gender: Male

Re: Cheers Terry

Post by Kaning It »

woofwoof wrote:
09 Oct 2021, 07:15
So it's a claim against losing out on the 8 hours rule now then
Yes. As a) you have to claim within 3 months of being affected so this is now your opportunity and b) you haven’t been paid your average holiday pay due to an artificial definition of regular which flies in the face of what any reasonable person would define as regular.