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Don't qualify...don't agree...what next?

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.
makingsounds
Posts: 202
Joined: 19 Oct 2012, 15:07
Gender: Male

Don't qualify...don't agree...what next?

Post by makingsounds »

2 full time posties in the office are absolutely convinced they are due backpay under this agreement but haven't received a penny, what course of action should they take to pursue this as their manager & rep are pleading ignorance to any way forward to address their concerns, stating that it's all been done automatically through PSP and if they didn't get anything, they didn't meet the criteria, end of.
Any suggestions???
Kaning It
Posts: 95
Joined: 03 Mar 2021, 17:41
Gender: Male

Re: Don't qualify...don't agree...what next?

Post by Kaning It »

If their Line Manager is no help, contact HR (can do on the People App) and ask why they haven’t been paid.

If not satisfied with the answer, put in an Employment Tribunal claim:


https://www.gov.uk/employment-tribunals/make-a-claim
world class male
Posts: 879
Joined: 03 Jul 2013, 15:29
Gender: Male

Re: Don't qualify...don't agree...what next?

Post by world class male »

1st off, did the file a claim?
if not, the data is available on the people app showing the qualifying periods and overtime worked,
if for some reason it's not on then all their wage slips are available online to work it out,
it doesn't really take long in 6 month blocks but unfortunately they omitted to say which are the 5 week months for the upcoming period which could have a impact if the overtime dried up for a few weeks added with any leave also taken,
also factor in them forgetting to add an odd hour here and there late or even not at all
rambo1
EX ROYAL MAIL
Posts: 3266
Joined: 12 Jun 2013, 20:00
Gender: Male

Re: Don't qualify...don't agree...what next?

Post by rambo1 »

When is Apr to Sept this yr meant to be paid? It's not in my payslip this week.
markbain1
Posts: 1
Joined: 14 May 2009, 21:57
Gender: Male

Re: Don't qualify...don't agree...what next?

Post by markbain1 »

Havent received any payment under the formula, one month i worked 44 hours the next 1...so i suspect i was off ill or on hols ironically. Is there a right of appeal under those circumstances?
yellowbelly
Posts: 3510
Joined: 23 Jun 2015, 15:51
Gender: Male

Re: Don't qualify...don't agree...what next?

Post by yellowbelly »

markbain1 wrote:
18 Nov 2021, 14:44
Havent received any payment under the formula, one month i worked 44 hours the next 1...so i suspect i was off ill or on hols ironically. Is there a right of appeal under those circumstances?
You need to approach this systematically - identify which 6 monthly period you are referring to, note the OT you worked for the smaller
periods of time within that 6 months to see if you qualify under the RM/CWU agreed formula.

If you don't qualify but work regular OT then the way forward is to put in an ACAS/ET claim.
kevbo
EX ROYAL MAIL
Posts: 134
Joined: 07 May 2010, 16:33
Gender: Male

Re: Don't qualify...don't agree...what next?

Post by kevbo »

Kaning It wrote:
09 Nov 2021, 14:56
If their Line Manager is no help, contact HR (can do on the People App) and ask why they haven’t been paid.

If not satisfied with the answer, put in an Employment Tribunal claim:


https://www.gov.uk/employment-tribunals/make-a-claim
I'm currently doing this. Do you not need to go through ACAS first for early conciliation? Also ACAS website states you should raise it informally with your employer first (ie on People App as suggested) then raise a formal grievance if unhappy with the answer. How do I raise a formal grievance with HR?
Kaning It
Posts: 95
Joined: 03 Mar 2021, 17:41
Gender: Male

Re: Don't qualify...don't agree...what next?

Post by Kaning It »

kevbo wrote:
15 Dec 2021, 17:39
Kaning It wrote:
09 Nov 2021, 14:56
If their Line Manager is no help, contact HR (can do on the People App) and ask why they haven’t been paid.

If not satisfied with the answer, put in an Employment Tribunal claim:


https://www.gov.uk/employment-tribunals/make-a-claim
I'm currently doing this. Do you not need to go through ACAS first for early conciliation? Also ACAS website states you should raise it informally with your employer first (ie on People App as suggested) then raise a formal grievance if unhappy with the answer. How do I raise a formal grievance with HR?
That link will take you to the link for ACAS and let you know you have to do that first. An enquiry on people app should be enough to go ahead as a grievance won’t change their mind. Any other issue you should follow the full grievance procedure but we already know where this ends up.
kevbo
EX ROYAL MAIL
Posts: 134
Joined: 07 May 2010, 16:33
Gender: Male

Re: Don't qualify...don't agree...what next?

Post by kevbo »

Kaning It wrote:
15 Dec 2021, 20:33
kevbo wrote:
15 Dec 2021, 17:39
Kaning It wrote:
09 Nov 2021, 14:56
If their Line Manager is no help, contact HR (can do on the People App) and ask why they haven’t been paid.

If not satisfied with the answer, put in an Employment Tribunal claim:


https://www.gov.uk/employment-tribunals/make-a-claim
I'm currently doing this. Do you not need to go through ACAS first for early conciliation? Also ACAS website states you should raise it informally with your employer first (ie on People App as suggested) then raise a formal grievance if unhappy with the answer. How do I raise a formal grievance with HR?
That link will take you to the link for ACAS and let you know you have to do that first. An enquiry on people app should be enough to go ahead as a grievance won’t change their mind. Any other issue you should follow the full grievance procedure but we already know where this ends up.
Yeah will do that but have notified HR through the app that I want to raise a formal grievance first as that's the advice on ACAS website.
kevbo
EX ROYAL MAIL
Posts: 134
Joined: 07 May 2010, 16:33
Gender: Male

Re: Don't qualify...don't agree...what next?

Post by kevbo »

Kaning It wrote:
15 Dec 2021, 20:33
kevbo wrote:
15 Dec 2021, 17:39
Kaning It wrote:
09 Nov 2021, 14:56
If their Line Manager is no help, contact HR (can do on the People App) and ask why they haven’t been paid.

If not satisfied with the answer, put in an Employment Tribunal claim:


https://www.gov.uk/employment-tribunals/make-a-claim
I'm currently doing this. Do you not need to go through ACAS first for early conciliation? Also ACAS website states you should raise it informally with your employer first (ie on People App as suggested) then raise a formal grievance if unhappy with the answer. How do I raise a formal grievance with HR?
That link will take you to the link for ACAS and let you know you have to do that first. An enquiry on people app should be enough to go ahead as a grievance won’t change their mind. Any other issue you should follow the full grievance procedure but we already know where this ends up.
Yeah will do that but have notified HR through the app that I want to raise a formal grievance first as that's the advice on ACAS website.
Kaning It
Posts: 95
Joined: 03 Mar 2021, 17:41
Gender: Male

Re: Don't qualify...don't agree...what next?

Post by Kaning It »

kevbo wrote:
16 Dec 2021, 19:25
Kaning It wrote:
15 Dec 2021, 20:33
kevbo wrote:
15 Dec 2021, 17:39
Kaning It wrote:
09 Nov 2021, 14:56
If their Line Manager is no help, contact HR (can do on the People App) and ask why they haven’t been paid.

If not satisfied with the answer, put in an Employment Tribunal claim:


https://www.gov.uk/employment-tribunals/make-a-claim
I'm currently doing this. Do you not need to go through ACAS first for early conciliation? Also ACAS website states you should raise it informally with your employer first (ie on People App as suggested) then raise a formal grievance if unhappy with the answer. How do I raise a formal grievance with HR?
That link will take you to the link for ACAS and let you know you have to do that first. An enquiry on people app should be enough to go ahead as a grievance won’t change their mind. Any other issue you should follow the full grievance procedure but we already know where this ends up.
Yeah will do that but have notified HR through the app that I want to raise a formal grievance first as that's the advice on ACAS website.
That is the correct advice but in this case, I’d say it’s pretty pointless. ACAS early conciliation is just a back and forth which will cover the same ground and cost you nothing. Just don’t forget you have a 3 month cut off to get your claim in otherwise you will be out of time.