Acting National Officer (Postal) – Technical and Central Services

Branches will be aware from LTB 023/20 issued by Dave Ward, General Secretary, that Ray Ellis, CWU National Officer, has been seconded for a 3 month period to lead on the Union’s organising and recruitment strategy.

Accordingly I therefore write to advise colleagues that in light of Ray’s secondment Carl Maden, Postal Executive Member, will assume the role of Acting National Officer in the Technical and Central Services Department. Therefore any matters which would normally have been referred to Ray Ellis and the Department should now be referred to Carl Maden and the Department.

I would like this opportunity to wish both Ray and Carl well over the next three months in their respective roles. Carl has been Ray’s Substitute for many years but if anybody does not have his contact details they are as follows:

Carl Maden:
Office: 0208 971 7326
Email: cmaden@cwu.org

Any enquiries in relation to the content of this LTB should be addressed to the DGS(P) Department.

Yours sincerely,

Terry Pullinger
Deputy General Secretary (Postal)

20LTB036

AVERAGE PAY ON ANNUAL LEAVE – ROYAL MAIL GROUP (HOLIDAY PAY)

Further to LTB 606/19 circulated on 18th October 2019, I write to update Branches on further developments in relation to average pay on leave in Royal Mail Group, both in terms of pursuing collective action and ongoing negotiations with management.

CURRENT STATE OF EMPLOYMENT TRIBUNALS

England and Wales

Due to the sheer volume of Employment Tribunals that have been lodged in England and Wales (it is estimated that the current number is around 2,000) a request was made by the Tribunal to extend the stay on these claims until 1st March 2020. In conjunction with the Legal Services Department a conference call was held with Richard Lozano (Head of Employment Law at Unionline) and Barrister Deshpal Panesar on 23rd December 2019. Despite some initial reservations, agreement was reached to accept the request in order to allow further time to identify specific lead cases to be put forward in advance of the case management hearing and provide time for these cases to be fully considered.

The DGS(P) Department has been in contact with various Branches with a significant number of claims for average pay on leave and as a result have forwarded one potential test case to Unionline from each of the following Branches: Western Counties, North Lancs & Cumbria, South Yorkshire & District, Durham County, York and District, East London Postal, South East London Postal and Plymouth & East Cornwall. It would be remiss of me not to place on record my thanks to those Branches mentioned for identifying and submitting these cases so swiftly.

Unionline has confirmed that the next stage in the process will be a preliminary hearing at the Bristol Employment Tribunal in March or April 2020 to identify the lead claimants to act as a representative sample of all claimants who have lodged claims. A full merits hearing will then take place where the legal merits of the lead claimants’ cases will be tested. We have also been advised that if the lead claimants are successful with their claims, it will mean that Royal Mail Group are not acting in accordance with their legal obligations and will be liable for the losses of those workers who have lodged claims.

In advance of this hearing and to ensure that we have a robust process in place to progress through each stage, the DGS(P) Department has arranged a meeting with the Legal Services Department and Richard Lozano (Unionline) on 11th February 2020 to agree next steps.

Scotland

Scottish cases have now been sisted (stayed) until 20th April 2020 and Brain McLaughlin from Unionline has been registered as the solicitor who will handle the cases in Scotland. A similar process to that in England and Wales will now occur in Scotland, albeit the timescales are different.

Northern Ireland

The volume of cases in Northern Ireland have been smaller than elsewhere at the time of writing. This may be due to the fact that currently a different process has to be followed in Northern Ireland. Claims are not being stayed at present but Liam McGill of O’Hare Solicitors will be assisting with the Employment Tribunal cases where necessary.

A test case from the Police Service of Northern Ireland regarding holiday pay is due to be heard at the Supreme Court. This will determine what is likely to happen in similar cases and as a result no other holiday pay cases are being heard until a decision has been reached.

Branches in Northern Ireland should note however that from 27th January 2020 the ACAS Early Conciliation process will also apply in Northern Ireland prior to Employment Tribunal claims being submitted. Advice about this change can be found on the Labour Relations website (see the following link: https://www.lra.org.uk/Latest-News/early-conciliation-comes-northern-ireland-27-january-2020 )

ONGOING AND NEW CLAIMS

Members who are currently taking annual leave must ensure that ongoing claims are captured. A new claim does not have to be made providing that the leave taken is within three months of the previous period of annual leave.

From 1st April 2020 however those taking annual leave will need to make a new claim in line with the process attached at Annex A which has been drafted in conjunction with the Legal Services Department and Unionline. Branches are encouraged to ensure that the number of these claims is maximised. This is vitally important given the full merits case and consequences stated above. Additionally there is the fact that members will again start taking their first 20 days leave from 1st April 2020 and these claims need to be captured. A previously issued poster advising members to lodge claims for holiday pay is attached at Annex B to assist Branches in their endeavours.

NEGOTIATIONS WITH ROYAL MAIL GROUP

Further meetings were held with Royal Mail Group on 6th November and 5th December 2019 in order to conclude an acceptable agreement for average pay on leave. As previously reported these negotiations are complex and rest on the respective interpretations of whether the pattern of work is sufficiently regular and settled for payments made in respect of it to amount to normal remuneration.

On 27th November 2019 and ahead of the second meeting, the Department received a further closed offer from the business. The Postal Executive considered this proposal at a meeting on 21st January 2020 and rejected the offer as being wholly insufficient. The Postal Executive believe that the formula being proposed by Royal Mail Group is nowhere near as clear as that used to settle cases at ACAS during 2019 and would disadvantage the majority of members.

It is bizarre that whilst many settlements have been made in the past year by the business, the union must still resort to Employment Tribunal(s) to ensure that our members are paid their correct holiday pay entitlement(s). This is against the backdrop of national videos which continue to show Managers from Royal Mail Group on the charm offensive in a futile attempt to get members to turn their back on their union and solely trust the company to look after their best interests.

The actions of the business in relation to the whole issue of average pay on leave only illustrates their true intention regarding how they wish to deal with the union in the future on this and other matters that effect our members’ pay, terms and conditions.

I am confident that our members will see through this smoke screen. I can assure you on behalf of the National Officers and Postal Executive that the union will not walk away from securing acceptable national agreements on the issue of holiday pay and the other challenges we currently face.

In closing, I would like to take this opportunity to thank Branches for their continued support on this matter. Further developments will be reported in due course.

Any enquiries in relation to the content of this LTB should be addressed to the DGS(P) Department.

Yours sincerely,

Terry Pullinger
Deputy General Secretary (Postal)

20LTB034 AVERAGE PAY ON ANNUAL LEAVE – ROYAL MAIL GROUP (HOLIDAY PAY)

LTB 034-20 Annex A

LTB 034-20 Annex B

Coronavirus and Avian Flu Outbreaks in China – Public Health England (PHE) Advice

Public Health England (PHE) has issued advice to travellers and is monitoring the situation in China with international partners, including the World Health Organization (WHO) following the reported outbreak of Coronavirus in Wuhan City, China, and has offered advice to travellers to the area regarding this as well as the ongoing Avian Flu risk.

PHE state that the risk to the UK population is very low presently and the risk to travellers to Wuhan is low, but they are advised to take simple precautions such as practicing good hand and personal hygiene and to minimise contact with birds and animals in markets in Wuhan as a further precaution.

PHE add that the UK has robust arrangements to manage emerging diseases and can draw on the experience of developing pioneering diagnostic tests in humans for the Coronavirus – SARS and MERS.

Besides the evolving Coronavirus situation in Wuhan, all travellers are advised to also be aware of the risk of Avian Flu when visiting China during the Chinese New Year, or Spring Festival, beginning on 25 January 2020.

Human cases of Avian Influenza have recently been reported in China, and historically there have been more cases at this time of year. Cases have originated from several provinces and municipalities across mainland China, and there have been a small number of Avian Influenza cases among Hong Kong, and Taiwan residents who have travelled to mainland China.

The majority of reported human cases in China have had close contact with wild birds or poultry. Although the risk is very low, Public Health England and the National Travel Health Network and Centre (NaTHNaC) are reminding UK travellers to protect themselves from Avian Flu by minimising exposure to wild birds and poultry.

Although the risk of Avian Flu to UK residents travelling to China remains very low, anyone planning to visit China, Hong Kong or Taiwan should minimise their exposure to any birds such as wild birds or live birds in ‘wet markets’ as a precaution.

Avian Influenza remains a risk in a number of parts of China and if travellers experience coughing or difficulty breathing within 14 days of returning from China, they should call their GP or NHS 111 and report their recent travel.

As of today, the Wuhan Municipal Health Commission has reported 291 cases of Coronavirus. Four cases have been diagnosed outside of China – 2 in Thailand, one in Japan and one in South Korea, following travel to Wuhan, China. There have also now been cases in other cities in China. There have been 9 fatalities. The situation is changing rapidly and the virus is likely to spread in the coming days. All the victims were in Wuhan, the capital of China’s central Hubei province where the virus originated at its seafood market. The virus has been dubbed “Wuhan Virus” after the city.

The World Health Organisation (WHO) has called an emergency meeting for Wednesday to consider the position. Based on the latest information and analysis, the World Health Organization (WHO) has said that there is evidence of human to human transmission of the virus. 15 medical staff in Wuhan have now been reported to have been infected, prompting fears of a pandemic.

PHE state that based on the available evidence, the current risk to the UK population is very low and the risk to travellers to Wuhan is low, but the situation is under constant review. However, in line with our robust preparedness activities for emerging infections, PHE has issued clinical guidance for the detection and diagnosis of Wuhan Novel Coronavirus. There are no confirmed cases of this new infection in the UK at this time.

PHE is working with the WHO and other international partners. Advice has been issued to the NHS and PHE is keeping the situation under constant review.

In order to minimise the risk of transmission, people travelling to the Wuhan area should maintain good hand, respiratory and personal hygiene. Travellers should avoid visiting animal and bird markets or people who are ill with respiratory symptoms. Travellers should seek medical attention if they develop respiratory symptoms within 14 days of visiting Wuhan, either in China or on their return to the UK, informing their health service prior to their attendance about their recent travel to the city. People are strongly advised to avoid contact with dead birds and maintain good hand and personal hygiene.

Over 595,000 British nationals visited mainland China in 2017 and according to ‘Visit-Britain’, more than 260,000 Chinese tourists visited the UK and their total expenditure was more than £500 million.

Update:

The UK is to begin monitoring flights arriving from China, as part of a series of precautionary measures after the spread of a new Coronavirus.

The measures, will apply to flights from Wuhan to London Heathrow.

Public Health England has upgraded the risk to the UK population from very low to low, the transport secretary said.

So far, there have been 440 confirmed cases and nine people have died.

Health team at airport

In its most recent update on Monday, the UK government said the risk to the population was “very low” while the risk to travellers to Wuhan was “low”.

Transport Secretary Grant Shapps confirmed Public Health England had now increased the risk level to the population to “low”.

“The flights that come in from the affected region will now be given extra attention,” Mr Shapps said.

According to a government source, the “port measures” will include:

• A health team to meet each direct flight from Wuhan to London Heathrow
• Passengers on flights will hear an announcement and be given a leaflet to encourage them to report if they are ill
• Aircraft will land in an isolated area of Heathrow Terminal 4 that “better lends itself to any health contingencies”

It comes as the World Health Organization (WHO) will also consider on Wednesday whether to declare an international public health emergency over the virus – as it did with swine flu and Ebola.

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

20LTB033 Coronavirus and Avian Flu Outbreaks in China – Public Health England (PHE) Advice

Blue Monday” – Samaritans “Brew Monday” National Rail Suicide Campaign Launched Today:

More than 150 events are being held at railway stations across the UK today to encourage people to make “time to talk” on what has become known as ‘Blue Monday’, which is claimed to be the most depressing day of the year.

The Samaritans ’Brew Monday’ campaign hopes to spark conversations between family, friends and colleagues by handing out thousands of tea bags. The charity wants to turn the third Monday of the year – known by some as ‘Blue Monday’ – into a positive day.

The Government, Network Rail and Train Operators are supporting the Charity’s campaign and urging train commuters to look out for their fellow passengers in a bid to reduce the number of suicides on the rail network.

Around 4.4 per cent of all suicides in the UK take place on the railways, with figures from 2018-19 showing there were 279 suicides or suspected suicides on the network. Sadly this included a CWU member on his way to work last year.

The Government is supporting the Samaritans in an effort to rebrand ‘Blue Monday’ as ‘Brew Monday’, with commuters urged to spark up conversations with fellow passengers and get together with family, friends or colleagues to chat over a warming brew.

Any suicide on the rail network is tragic. It is the brave efforts of people who have stepped in to prevent tragedy on the railways and charities such as ‘Samaritans’ and ‘Calm’ which deserve recognition.

So far, the Samaritans have trained more than 20,000 railway employees in prevention techniques which is a tremendous achievement.

However, the charity and Government ministers are promoting the message that passengers too can help by just offering a friendly conversation, an opportunity to chat, which might be all the difference between suicide and being saved. To avoid rail suicides they are urging people to trust their instincts and help those in need.

Official figures show there were nearly 2,000 lifesaving interventions on the railways last year, meaning that six people were saved for every one that took their own life through suicide.

Please support Samaritans volunteers across the country as they hand out thousands of leaflets and tea bags to commuters.

The rail industry is working with the government to reach a target of a 10 per cent reduction in suicides by 2020-21.

See the Samaritans “Small Talk Saves Lives” Rail Suicide Prevention Video at this link:-https://www.youtube.com/watch?v=xLlRZzZdwBo

The Samaritans is a registered charity aimed at providing emotional support to anyone in emotional distress, struggling to cope, or at risk of suicide throughout the United Kingdom and Ireland, often through their telephone helpline.

Whatever people are going through, a Samaritan aim is to help people by facing it with them. They are available 24 hours a day, 365 days a year and can be called any time, day or night. Whatever people are going through, they can call at any time, from any phone for FREE.

Call 116 123

Alternatively email:- jo@samaritans.org – Response time: 24 hours

Or write to:-
Chris
Freepost RSRB-KKBY-CYJK
PO Box 9090
STIRLING
FK8 2SA

Emotional support in Welsh is also available on the Samaritans’ free Welsh language line – Call 0808 164 0123

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

20LTB032 Blue Monday – Samaritans Brew Monday National Rail Suicide Campaign Launched Today

Royal Mail Personal Injury Compensation Scheme (PICS)

Further to LTB 419/2017 regarding the above.

I have received a number of enquiries from members whose initial claim commenced prior to the 1^st April 2017 and were, therefore, being processed under the previous Royal Mail Personal Accident Benefit Scheme (PABS).

A number of our members’ have received a provisional payment and were notified by Royal Mail Group if they subsequently received a life assessment, then under the terms of the original Scheme, they would be paid any outstanding balance, in line with the life assessment.

My original LTB stated that claims lodged prior to the changes (1^st April 2017) would be dealt with under PABS and that was my understanding. Royal Mail agree that is the position. However, they continue to add the caveat that no additional payments will be made under either Scheme if the member receives compensation from any other source.

I have raised the issue with Royal Mail and they remain adamant that the overriding principle of the schemes is that no payment will be made under such circumstances.

I have subsequently obtained legal advice from our Solicitors and they are of the opinion, that as the basis of PABS and PICS, clearly states that the terms of the schemes are non-contractual, discretionary employee only compensation schemes, provided by Royal Mail, who reserve the right to withdraw, or vary the terms of the scheme, or cancel the scheme in its entirety, in its sole and absolute discretion at any time, this does not leave us any legal basis in which to challenge their position.

Royal Mail Group’s continued position is disappointing. I have held off sending out the LTB as we have been attempting to settle individual claims that have fallen foul of Royal Mail Group’s position but it is now clear that their position is final.

If you have any queries regarding the above please contact Tony Rupa, Head of Legal Services, Communication Workers Union, 150 The Broadway, Wimbledon, SW19 1RX. Telephone 0208 971 7444 or via email trupa@cwu.org

 Yours sincerely

Tony Rupa
Head of Legal Services

20LTB031