CWU update on overtime holiday payments requested.

telithowitis · Post by **telithowitis** » 11 Sep 2016, 17:21

http://www.royalmailchat.co.uk/communit ... =1&t=76147

This topic has been raised in the "blue shirts" board titled "Part timers to receive overtime payments on holiday" although it applies to full timers as well.

Can someone from the CWU update members with what the current position is nationally with regard to negotiating with RM for payment of overtime when on holiday particularly since the EAT ruling in late 2015

In short this applies to full time and part timers and employment tribuneral rulings in late 2015 decided that employees may be entitled to receive their average pay when on holiday.
Eg A full timer on 39 hour contract who normally works 10 hours overtime averaged out over 12 weeks takes a weeks holiday therefore he should be paid for 49 hours for the weeks holiday
A part timer with 20 hour contract who normally works 39 hours would get 39 hours pay when on holiday etc.
Read the above thread for more details.
Thanks

DocketLefty · Post by **DocketLefty** » 11 Sep 2016, 18:45

“The tribunal ruled that hours worked over and above the employee's hours were 'intrinsically linked' to his performance of his role, and it was irrelevant whether the overtime was voluntary or not.”

Taken from the ACAS website...

telithowitis · Post by **telithowitis** » 11 Sep 2016, 22:22

Which would seem to suggest RM should be already paying it like most other companies/organisations but on the other thread individual posties are reporting taking advice from ACAS and being told they have stone walled claims but having to take grievance/legal action in isolation, hence the request for an update from CWU as to what is happening.
Back claims I think can be made for 2 years so I would imagine most posties whether part or full time would have a few quid to claim. My last employer offered everyone an across board sum to settle any back claim (to avoid the admin on individual claims which was accepted) and announced they would be paying the extra in future within a week or so of the ruling.

Creditshampoo · Post by **Creditshampoo** » 12 Sep 2016, 21:49

What's the point in a union section if no one can be bothered to reply?

Post by **aiden01** » 12 Sep 2016, 22:34

Creditshampoo wrote:What's the point in a union section if no one can be bothered to reply?

maybe none of them know or else they are keeping it a secret like everything else they do

Post by **TrueBlueTerrier** » 13 Sep 2016, 16:58

Creditshampoo wrote:What's the point in a union section if no one can be bothered to reply?

Because it's voluntary to post we haven't press-ganged anyone to be a member

Also, the question as posed is more of an HQ question rather than even a Regional or Area Rep, and I don't think any officer has the time to post on here every day. Though some are itinerant posters.

telithowitis · Post by **telithowitis** » 13 Sep 2016, 19:21

Hi TrueBlueTerrier

Understand that its not a local rep issue, but if that is the case is there anyone who could refer the question/issue to HQ and ask them for the latest situation however they communicate that? Being the Communication Workers Union it would be nice if they communicated with their members!!!

This is a pretty big financial issue for a lot of members. The average Full time postie who works ten hours a week overtime is losing over £400 a year and can back claim 2 years another £800 so if CWU don't sort it out for 12 months they will lose £400 because of the time limit for claiming back.
A part timer on 20 hr contract who works 50 hours would be losing this year £1200 a year plus the 2 year back claim of £2400

Creditshampoo · Post by **Creditshampoo** » 13 Sep 2016, 19:53

Ando when we call up they are quite rude (in my experience) and demand we speak to our local rep (who hasn't a clue though she's lovely)

world class male · Post by **world class male** » 14 Sep 2016, 15:26

telithowitis wrote:Hi TrueBlueTerrier

Understand that its not a local rep issue, but if that is the case is there anyone who could refer the question/issue to HQ and ask them for the latest situation however they communicate that? Being the Communication Workers Union it would be nice if they communicated with their members!!!

This is a pretty big financial issue for a lot of members. The average Full time postie who works ten hours a week overtime is losing over £400 a year and can back claim 2 years another £800 so if CWU don't sort it out for 12 months they will lose £400 because of the time limit for claiming back.
A part timer on 20 hr contract who works 50 hours would be losing this year £1200 a year plus the 2 year back claim of £2400

you could always pursue the claim on your own, which may not be a bad idea as it seems as we have lionel hutz batting for us

telithowitis · Post by **telithowitis** » 14 Sep 2016, 16:05

World class male
The point is if you read the other thread that individuals are having to do this because of an apparent lack of any interest or collective action by the CWU on behalf of their members. (Sincerely hope I'm wrong but there is nothing on their website about it either)
Meanwhile it seems that most postmen/women, other than myself and credit shampoo are apparently not over bothered about losing three figure sums of ££££ they may be legally entitled to.

Creditshampoo · Post by **Creditshampoo** » 14 Sep 2016, 16:22

telithowitis wrote:World class male
The point is if you read the other thread that individuals are having to do this because of an apparent lack of any interest or collective action by the CWU on behalf of their members. (Sincerely hope I'm wrong but there is nothing on their website about it either)
Meanwhile it seems that most postmen/women, other than myself and credit shampoo are apparently not over bothered about losing three figure sums of ££££ they may be legally entitled to.

If you'd like a copy of my grievance I'll happily pm it to you. The time has come

datasaint · Post by **datasaint** » 15 Sep 2016, 15:22

telithowitis wrote: Meanwhile it seems that most postmen/women, other than myself and credit shampoo are apparently not over bothered about losing three figure sums of ££££ they may be legally entitled to.

The thing is if you already rely on OT to supplement your wages or you value your job, making yourself a target by challenging RM over this isn't a cause most people are going to volunteer for.

telithowitis · Post by **telithowitis** » 15 Sep 2016, 15:41

Most people value their job Norm, therefore the whole point of this post is that there appears to be new employment law which benefits employees and ensures they are treated fairly based on the hours they work that RM may not be complying with and therefore so that individuals don't have to become a target for the local management then the Union should be fighting this nationally on their members behalf.
We work in the 21st Century with a clear legal framework for employment conditions to be negotiated and challenged not at a 19th century cotton mill!!!
All I'm asking for is someone from the union to clarify if they are persuing this on their members behalf, Yes or No and if Yes could they advise if there has been any progress.

datasaint · Post by **datasaint** » 15 Sep 2016, 17:24

Yes I commend you for challenging the issue.

But going as far as to lodge a grievance over it when the law isn't that clear on the subject is a bold move.