Temporary Relaxation Occupational Driver Medicals – Royal Mail Licence Renewals Q&A

Branches and representatives will be aware that LTB 212/20 communicated information relating to the relaxation of Occupational Driver Medicals (D4) due to the Covid-19 crisis.

The business have now also produced a Q&A document that they have shared with the department, a copy of which is attached for your information.

The department hopes that the attached will be of assistance to you in dealing with any queries that you may be receiving from members in relation to this issue.

Any enquiries in relation to this LTB should be addressed to Davie Robertson, Assistant Secretary, email: dwyatt@cwu.org quoting reference 014.14

Yours sincerely,

Davie Robertson

Assistant Secretary

LTB 232/20

Attachment – Questions and Answers

Royal Mail USO/Executive Action

This LTB is to update Branches, Representatives and members on the union’s response to the announcement made yesterday by Royal Mail Group regarding the company’s executive decision to suspend Saturday letter deliveries and to impose un-agreed changes to the current operational network and agreed duty structures.

By their actions Royal Mail has derecognised the union and disrespected our members and the customers we serve.  They are refusing to adhere to any of our agreements, be they at local or national level.

It is quite clear that this current managerial leadership has no moral compass and has dragged standards of behaviour and industrial relations to an all-time low.  Our members have lost full confidence and trust in these people and this planned national executive action is a despicable attempt to use a public health crisis to drive through long-term and highly damaging change.

The changes they advocate go to the very heart of our dispute and our ability to protect the 6 day USO, our members’ jobs and this great public service.  We stepped back from our dispute to do the right thing for our nation during this pandemic and Royal Mail Group agreed to do the same but they are now breaking that agreement.

The timing of their action was also in our opinion deliberately planned to coincide with the CWU National Postal Workers day, so when the rest of the nation, including politicians from all parties, were showing their gratitude for our members and this excellent public service, RMG were rewarding them for their efforts with this highly damaging imposition and the very real potential of 20,000 job losses.

Against this backdrop the Postal Executive, following consultation with our Senior Field Officials earlier today, has agreed the following political and industrial response:

• The union will explore with immediate effect and where possible utilise all legal options available to mount a legal challenge against the actions of the company, including if possible a challenge on the reduction of the USO being an unlawful act.

• In line with the relevant legislation it is the union’s intention to draw up the appropriate notices to send to Royal Mail within the legal timeframe that will result in us calling upon our members in Royal Mail to take industrial action in line with the ballot result we announced on 17^th March 2020.

• With immediate effect Representatives and members should not cooperate or give any local agreement to any deployment of management’s plan.

• In defiance of the company’s unilateral action, all members should continue to adhere to their currently agreed duty/attendance arrangements.

• The union will issue further guidance on all aspects of H&S standards and compliance with HMG guidance relating to social distancing/PPE within the workplace, the legal obligations of the employer to comply with them as well as the legal requirement for the employer to consult the recognised Trade Union on changes in the workplace which have health and safety implications.

• The DGS(P) Department in conjunction with the General Secretary, Postal National Officers and the Head of Communications will develop a high profile communications strategy, including as a priority an individual letter to all postal members that sets out and exposes in detail the actions of the company and reaffirms the CWU commitment to defend its members, their terms and conditions and the public postal service. The union via the office of the General Secretary will continue to explore all political avenues in challenging Ofcom and the Government.

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)

Dave Ward
General Secretary

Andy Furey        
Assistant Secretary      

Davie Robertson
Assistant Secretary

Mark Baulch 
Assistant Secretary

Carl Maden
Acting Assistant Secretary

LTB 230/20 – Royal Mail USO – Executive Action

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Important points to consider before the use of your private car (vehicle) on Delivery

Dear Colleagues,

Further to the LTBs 160/20 and 162/20 regarding the use of Private Cars on Delivery.

There is a need to re-issue the following information which highlights the pit-falls if members choose to use their own private cars on delivery, against our advice. In particular, in light of the fact that Royal Mail have now effectively declared war on both the union and our members by declaring that they are pulling back from the USO obligations to deliver all products on Saturdays, impose unacceptable working arrangements and also wreck your attendance patterns and earnings potential. The clear advice that we want to stress is that our members should NOT use their private vehicles at work:

• Members participating in this ‘Private Cars on Delivery’ scheme will be exposed to a degree of risk, many not even appreciating the full extent of that risk until and if they fall foul of the rules and limits of the scheme.

• The Royal Mail cover under the ‘Private Cars on Delivery’ scheme only extends to the very basic ‘third party liability’ insurance only and will not cover, for example, any damage to the employee’s vehicle or property or personal property damage, theft or loses.

• Members are best advised to obtain “Comprehensive Full Business Use Insurance Cover” which will obviously incur increased Motor Insurance premiums but of course they won’t risk a total loss of their vehicle which may be worth thousands of pounds and won’t be easily replaced.

• If a member who signs-up to ‘Private Cars On Delivery’ wants to go straight to their delivery route in their private vehicle rather than go into the Delivery Office first, the scheme is written as such that it will allow this. However, if they do this, the individual will not be travelling to/from the employees ‘normal place of work’ and so will not be covered by a standard ‘Social Domestic and Pleasure’ motor insurance which can extend to cover to/from work via a clause ‘In Connection With Work’. Therefore, in these circumstances the member(s) would need ‘Commercial Business Use Insurance Cover’ – which Royal Mail is not offering or providing under their ‘Private Cars on Delivery’ scheme.

• Travelling to/from work will not be covered by the ‘Private Cars on Delivery’ scheme and participating members need to be aware of this. Neither will they be covered by Royal Mail’s Employers’ Liability (Compulsory Insurance) Act 1969 cover which under UK law is a requirement that employers carry insurance against the personal injury of their employees. Therefore, they must ensure that their own Insurance is valid for to/from work travel.

• From a safety perspective the roadworthiness of these vehicles is an obvious issue, the ‘Private Cars on Delivery’ scheme rules state that the private vehicle must be in a roadworthy condition and fit for purpose, and the daily/pre-use vehicle checks required when using an RM vehicle must be undertaken AND this must be monitored by managers in line with current processes. However, if a member drives straight to their delivery route, as suggested they can, in the ‘Private Cars on Delivery’ scheme brief, without visiting the Delivery Office, then the vehicle cannot be checked by the manager. Members must ensure that daily checks are completed it is your responsibility.

• Those members participating in the ‘Private Cars on Delivery’ scheme need to understand that they are obliged to notify their own motor insurers of any accident they have, even if the Royal Mail Insurers (American International Group UK Ltd – ‘AIG’) indemnify them. Failure to do so could invalidate their own motor insurance at a later date. An accident may not affect their ‘No Claims Discount’ (NCD) Bonus but it will affect their record and therefore the Insurance Company’s assessment of risk. Depending on that risk assessment, it could increase subsequent premiums. Royal Mail cannot provide any guarantee in respect of the way a private motor insurer operates.

• Members need to be aware that they MUST inform and clear it with their own Motor Insurers that they are participating in the employers ‘Private Cars on Delivery’

• Members also need to be aware that in the event of a ‘non-blameworthy’ accident they will have to conduct a claim against the third party themselves, who may or may not be insured. Royal Mail will not help them in any way. These processes can sometimes be difficult if liability is disputed. If the driver is uninsured or untraced then the member will have to deal with the ‘Motor Insurers Bureau’.

• The rules of the ‘Private Cars on Delivery’ scheme are (obviously) that they don’t carry passengers (colleagues) and don’t carry Mail but that they collect the mail from a Royal Mail van. Members therefore need to understand that if they decide locally to ‘shortcut’ the scheme and carry either passengers or mail, they could invalidate insurance cover and be held personally liable for any personal injury to passengers in the event of an accident.

• There is no ‘breakdown cover’ provided under the ‘Private Cars on Delivery’ scheme and members need to ensure they have their own cover.

• Motorcycles, Motor scooters and Electric Scooters are excluded from the ‘Private Cars on Delivery’

• The ‘Private Cars on Delivery’ scheme is ‘voluntary’ and members can withdraw from it at any time.

• Only recognised Royal Mail Drivers can participate, it excludes those removed from driving or those excluded on medical grounds and these rules must be properly applied. There were cases of non-compliance with this under the old ‘Private Cars on Delivery’

• Finally, members who unfortunately get it wrong – thinking they are covered when they are not can face a Fixed Penalty of £300, plus Six Penalty Points on their Drivers Licence and a £150 Tow Away Fee plus £20 a day storage. Under the old ‘Private Cars on Delivery’ scheme a number of our members found themselves in this position. Therefore those participating need to ensure they are fully compliant and aware of the above points.

Any enquires as to the content of this LTB should be directed to the Outdoor Department, email address: outdoorsecretary@cwu.org.

Yours sincerely,

Mark Baulch                         

CWU Assistant Secretary

LTB PCOD – 29th April

Royal Mail Fleet Deferment of Vehicle Maintenance Programme and Introduction of Temporary Measures

Branches may be aware at the outbreak of Coronavirus Covid-19, the Driver Vehicle Standards Agency (DVSA) issued temporary adjustments to the routine schedule of planned vehicle maintenance by Fleet Operators. This resulted in deferment of all Service and Inspections on Light Commercial Vehicles (LCVs) for a period of 13 weeks. So whilst there is no change in the maintenance policy for LCVs, Fleet have taken the decision to move inspections and servicing from the next date due to 13 weeks in the future. This decision came into effect from Monday the 30th March.

Branches will also be aware the Driver Vehicle Standards Agency (DVSA) further announced due to the unfolding COVID-19 situation all cars, vans and motorcycles (class 4) due their MOT from the 30th March 2020 will have their MOT extended by 6 months. Vehicles however must be kept in a roadworthy condition and drivers are responsible and can be prosecuted if they drive an unsafe vehicle.

Since this date the unprecedented rate of absence, coupled with the removal of van share, the department have become increasingly concerned at the ability to ensure our vehicles and therefore our drivers are protected against the roadworthiness of vehicles.

In responding to the various Government changes and ways of working, we have agreed to expand upon our current Fleet Support Service which provides a mobile Technician on a planned ‘milk round’ with each customer in the locality. The visiting Technician will carry out all minor repairs in these locations to ensure the vehicles are safe and legally compliant, which includes replacement of worn or faulty tyres. Where vehicles are used by the visiting Technician which do not comply with the current Fleet Support Vehicle (FSV) vehicle identification, then the substitute panel van will utilise an Auto Rotating Beacon (ARB) and park defensively whilst at customer sites and continue to report immediately to the site Person In Charge (PIC), sign the attendance register and observe all site safety rules.

The visiting Technician will continue to observe social distancing measures and carry a supply of safety equipment including cleaning disinfectant and sanitising products, nitrile and polyco gloves as well as the relevant face mask (FFP1 and FFP3) with the overriding focus to keep everyone safe. Work will only be undertaken at sites which have already been risk assessed, recognising the site categorisation (Option 1 to 4) and the work tasks which can and more specifically cannot be completed at these sites.

It is important to note this service will not replace or negate the need for Drivers Daily, Duty or Weekly Checks and Drivers are strongly encouraged to diligently continue with these checks. Drivers should complete a PMT1 Fault Report for any vehicle they consider non-roadworthy and ensure the vehicle is immediately taken out of service.

This agreement is a temporary solution only and will be reviewed one month from deployment to ensure it addresses the current concerns we face around temporary ways of working.

All enquiries regarding the content of this LTB should be addressed to the PTCS Department, quoting reference 404. Email address: khay@cwu.org

Yours Sincerely,

Carl Maden

Assistant Secretary (Acting)

LTB 229/20

RE: Royal Mail Sick Pay Policy – Furlough

When the Coronavirus Covid-19 epidemic broke within the UK I wrote to Royal Mail requesting to engage on the potential impact and to discuss measures which could be put in place to ensure we could protect our members, Royal Mail employees.

The measures I requested to be put in place included any absence which was Coronavirus Covid-19 related to be discounted from the Attendance Procedure and any member who has to take absence to have full pay, even if they have exhausted sick pay previously. This included members with less than 12 months service.

Whilst Royal Mail agreed to pay members with less than 12 months service, full sick pay, they were not consistent flowing this through to members with more than 12 months service who had exhausted sick pay provision, some who have battled life threatening illnesses in the past e.g. Cancer, Heart Attack etc. They have agreed to discount most absences from the attendance procedure, with prolonged or very frequent absences, requiring further investigation.

As part of the Coronavirus Covid-19 crisis, during March 2020, the Government announced the Government Job Retention Scheme. As part of this scheme companies can apply to furlough employees. Whilst information was scarce in the beginning and this was initially set up for employers who would have normally had to lay off or make employees redundant, this has been reviewed and updated many times. Part of the reviews included employees who had caring / shielding responsibilities can be furloughed.

Again, we wrote to Royal Mail on 6th April 2020 requesting they either pay members FULL sick pay who have to self-isolate/shield or as a fall-back position apply for the furlough scheme for these employees who had previously exhausted sick pay. Royal Mail disagreed with our assessment of furlough, however we believed we were correct and continued to pursue the policy through discussion and letters challenging Royal Mail’s stance.

On April 27th 2020, Royal Mail stated they had reviewed their policy and taken into account representation made by the union. Whilst Royal Mail are not going to pay extremely vulnerable members who are on half pay, no pay or unpaid leave, they accepted we were correct and agreed furlough for a number of employees. Whilst this is welcomed, we believe Royal Mail has a responsibility to pay everyone who has to be off with Coronavirus Covid-19 absence and not rely on the Government Retention Scheme. There are still a number of members who are not able to apply and we are continuing to press Royal Mail to either pay these members or ensure they can apply for the furlough scheme as this is better than half or no pay. You will be receiving a letter from Royal Mail where you can apply for furlough online to coronavirus.advice@royalmail.com

There are still a number of questions around the scheme, which Royal Mail could not answer at the time, however we are awaiting responses to the questions.

There are qualifications for furlough, which I have outlined below.

• Members who are unable to work from home can apply.
• Members will have to apply to be placed on furlough. They will be sent a letter which will give them an email address to apply. The email address is coronavirus.advice@royalmail.com
• Members can apply who are in the extremely vulnerable category or shielding i.e. they have received a letter from the NHS for themselves who are on half or no pay, or they have a letter stating a member of their household is in the vulnerable category.
• Members who have Coronavirus Covid-19 related absence and move onto half pay whilst on Royal Mail sick pay, can apply for furlough at the point of moving from full pay.
• Members have to take at least two weeks annual leave as part of the furlough and must not have carried over any leave from last year.
• Members placed on furlough will have this reviewed every three weeks.
• The date of payment for furlough to start will be from 20th April 2020.
• Only Coronavirus Covid-19 absences count for application for furlough.Royal Mail have said they will be topping up the furlough payment.
  Monthly paid members will receive a maximum of £3,125 per month. This is made up of the maximum furlough payment of £2,500 plus a top up from Royal Mail of a quarter of this sum £625.The maximum total sum for weekly paid members will be £721.15p.Any member who applies for furlough, is unsuccessful and believes the decision is wrong should speak to their CWU Rep.

The calculation of the start date for payment could be different for individuals. Members should have received the NHS letters by no later than week commencing 30th March 2020. However, self-isolation/shielding could have started at different times depending on when the letter was received and it was supplied to Royal Mail.

If members have taken 2 weeks annual leave or unpaid leave between 30th March and 20th April 2020, this period will ‘qualify’ as the period of annual leave you are expected to take. If members have taken unpaid leave instead of annual leave during this, they will have the option of converting 2 weeks of the unpaid leave to annual leave.

Assuming members have taken 2 weeks annual leave by 20th April 2020 and you are successful in the application, the payment will be backdated to 20th April 2020. If you have not, Members will have to take a total of 2 weeks annual leave / unpaid leave before receiving payment. This is a Royal Mail stipulation and not part of the furlough process.

In my opinion, Royal Mail could have engaged with the furlough scheme on 6th April 2020, however chose not to as by delaying it for a number of weeks, they could then make members take an amount of annual leave as part of the qualifying period by only back dating it to April 20th 2020.

We have got Royal Mail to this stage as we have fought for it. Royal Mail is abrogating their responsibility to their employees by not paying full pay whilst members have to take time away from work during this extraordinary Coronavirus Covid-19 crisis. Every decision made seems to be based on finance and not always keeping members safe. We will keep pressing Royal Mail for ALL members who have to take absence to protect themselves or their loved ones during this awful pandemic to receive full pay.

The progress made will please a large number of our members as they will now receive pay when they were on half or no pay. However, we have members who have to make the decision of taking unpaid leave or risk catching the Coronavirus Covid-19 virus to feed their family. This is an absolute disgrace. Members who do not receive paid leave, only have the other option of applying to the Rowland Hill Fund. Royal Mail are refusing to make the application to this fund transparent, therefore we are pressing for information as to how this works, what is the qualification etc.

We will keep you updated on any further progress.
All enquiries regarding the content of this LTB should be addressed to the PTCS

Department, quoting reference 404. Email address: khay@cwu.org

Yours sincerely,

Carl Maden
Assistant Secretary (Acting) PTCS Department

LTB 228/20

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Eastern No 5 Branch
SPECIAL NOTICE

The following is an excerpt from Royal Mails amended policy on Furlough. If you feel you are eligible contact coronavirus.advice@royalmail.com

EJ Orviss
Area Processing Representative
Area.processing@cwue5.org

Date 28th April 2020