Royal Mail Property & Facilities Solution Limited (RMPFSL) – July 2024 Underpayment

The Outdoor Department has been informed by Royal Mail Property & Facilities Solution Limited (RMPFSL) that, following one of its regular checks on pay, it has highlighted a small level of underpayment for cleaning grade employees in July 2024 against hours worked to that paid.

In drawing this to the Department’s attention, the company have set out the following details in terms of this matter and the corrective measures it will be taking:

We have identified some individuals that had a small level of underpayment in July 2024 based on total monthly hours worked. We are therefore writing to advise you of next steps.

• Make good any underpayments in August pay – approx. 700 cases
• Communicate in line with below on Wednesday 21^st August via manager internal comms and cleaning App (in advance of payslips being visible on Thursday PM).

Communication

Following an assessment of work schedule data held on PSP for July 2024 compared to July monthly hours worked we have identified that some employees were underpaid in July. We are therefore writing to advise you of the action being taken to rectify.

1. How did the underpayment occur?
   The number of working days in July resulted in hours performed in the calendar month exceeding paid hours for July
2. How will it be corrected?
   A basic pay adjustment will be paid to you in August payroll 
3. Will the basic pay adjustment affect other deductions or contributions?
   As with your Basic pay the payment is a ‘Gross’ value which is subject to standard deductions i.e. Tax, NI & Pension contributions
4. Will the basic pay adjustment be listed on my August payslip?
   Yes this will be listed as a payment on your August 2024 payslip under the description of ‘Arrears of Basic’
5. Will the basic pay adjustment be recovered?
   No, the payment will be made as a one payment with no recovery.’

As outlined in the above communication from RMPFSL, those individual members affected by this underpayment will be advised accordingly and have the correction made in their August pay.

Any enquiries to the content of this LTB should be directed to the Outdoor Department reference 120.12, email address: Pharacz@cwu.org.

Yours sincerely,

Mark Baulch                                                                                       

Assistant Secretary

LTB 279/24 – RMPFSL July 2024 Underpayment

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RAISING CONCERNS

We are pleased to inform Branches we have concluded negotiations with Royal Mail on a replacement for the Grievance and Bullying and Harassment Procedures. This was endorsed by the Postal Executive on the 16^th of July, following consultations with Field Representatives.

The starting point for our negotiations was the overwhelming perception of our members that both the Grievance and B&H procedures were no longer fit for purpose and being applied in their best interests.

The following bullet points were some of the reasons why we felt it necessary to negotiate a new approach which will address these problems.

• Firstly, the processes caused confusion – what is a B&H complaint and what is a grievance? Many of our members did not know the difference. It will now be the investigating Manager who decides the concern, removing the need for the individual to make this determination.
• The former procedures were time consuming – there were lots of process steps that did not add any value, but only added to a case taking longer
• Our members were left dissatisfied with the way their concern was dealt with or categorised including little or no investigation
• Two tier – B&H is seen as the more ‘superior’ process – grievance seen as less important
• There is no form for raising a grievance – many complaints were not even recorded.
• Informal resolution/mediation not always considered as an option before a concern is raised formally
• Lack of manager accountability to investigate – particularly perceived this way for grievance – managers were not held to account and often did not investigate.
• A constant fear of recriminations for colleagues – many cases ended up being dealt with ‘in bad faith’ and members facing disciplinary action

To improve this, we have negotiated a single approach for all concerns and complaints, which hopefully will lead to:

• All concerns and complaints being taken seriously, transparently and managed consistently through the same process, in a timely manner and with the same timescales.
• Managers will be held accountable for dealing with concerns raised.
• There will be greater visibility of case status which can be tracked by members to see what is happening with their concern at any time during the process.
• A single form for all concerns which is easy to complete and submitted through the People App, or alternatively via a call to the HRSC on 0345 6060603.
• Cases will be recorded in People Case Manager with a step-by-step guide for Managers.
• Contact by the investigating Manager within 5 days of the concern being raised with an invitation to a meeting within 14 days.

We genuinely believe the new single approach will be of positive benefit to our members, where all concerns will be taken seriously, and Managers will be tasked to resolve them as quickly as possible.

The plan is to introduce the new approach from 30^th September 2024.

In line with the Unions protocols on new agreements, we intend to consult with Branches via a Branch Ballot.

Ballot papers will be sent out tomorrow (20^th August) and should be returned by Monday 9^th September.

As part of the Consultation process, we will be holding an online briefing for all branches on Thursday 22^nd Augustcommencing @ 10:30am and concluding no later than 12:30pm.

If the agreement is endorsed, it is our intention to include this in the Postal agreements course as soon as possible along with an online version for our Reps to be brought up to speed.

https://cwu-org.zoom.us/meeting/register/tZEqdO-rqjMtHNZaCnB6HJv2W5iqFcUYfUtC

Any enquiries to this LTB please contact: The PTCS Department, email address: khay@cwu.org or hmaughan@cwu.org

Bobby Weatherall

Acting Assistant Secretary

LTB 278/24

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Mental Health Workshop

Further to LTB 145/24 we would like to draw Branches attention to the following Mental Health Workshops.

• 2^nd or 23^rd of September – London Phoenix Centre (am or pm)

This will be the last of the current workshops so if any Rep would like to attend, we would encourage you to do so by using the following link to register your interest. As per the previous LTB we would find it extremely useful if you could provide some feedback to the department in order for us to help plan any future events.

Any queries to the content of the above please contact the PTCS dept reference 420 email address khay@cwu.org

Bobby Weatherall
Acting Assistant Secretary

LTB277

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NATIONAL YOUNG WORKERS EDUCATION EVENT, 27^th –  29^thSEPTEMBER 2024, CARDIFF

The purpose of the LTB is to invite and encourage Branches to send delegates to this year’s National Young Workers Education Event which will take place over the weekend of Friday 27th September through to Sunday 29^th September in Cardiff.

The venue for the event during the day will be held at The Holiday Inn, Castle Street, Cardiff.  Hotel accommodation has been arranged at the same venue which is within walking distance of Cardiff Station.

Event Format

This year’s event has been slightly reformatted to encourage a more themed approach to topics and has an extended agenda to include a day to focus on industrial matters. This ‘industrial day’ is in essence a reworking of the Branch Young Worker Officers Forum’s which has previously been a stand-alone event.  The day will involve a series of industrial panels giving young members the chance to engage with officers who deal with workplace issues affecting them.

Arrival & Registration

We are asking participants to arrive in Cardiff in time to for their appropriate panel, however they are welcome to attend all panels if they which to hear what is going on in other parts of the Union.  Registration for the main event will take place on Saturday morning and the event will conclude at lunchtime on Sunday 29^th September.  A full agenda will be issued nearer the date.  A flyer with more information is attached for circulation to young members.

Costs and Accommodation

The arrangements for the cost of delegates will be in line with the process that has been used for many years and is reflective of current pricing. The cost for Branches to send a delegate will be £290 and will include two nights bed and breakfast accommodation (as well as buffet lunches on the Saturday and Sunday and dinner on Friday evening).  Please note there will be food and a social event on the Saturday evening organised by the Wales Region and their Young Workers.

For more information and to secure a place for the weekend Branches should complete the attached form and send to Angela Niven at conferences@cwu.org as soon as possible so that we can assess the numbers of those attending for meals etc.

Branches must make payment for their delegate(s) attendance by sending a cheque made payable to “CWU” addressed to Angela Niven, SDGS Department at CWU HQ or by bank transfer to the General Fund Account No: 33019822 Sort Code 60-83-01 with ref “YWNEE”.

Any queries regarding this event should be addressed to the Young Workers Coordinator, Kerry Fleck, kfleck@cwu.org or 07704306418

Yours sincerely,

Dave Ward
General Secretary

24LTB276 – National Young Workers Event – 27th – 29th September 2024

Leaflet – 08152 – NYWEE 2024 overview v2 (003)

NYWEE24-Application-Form

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Outstanding Employment Tribunal Claims

Branches will note further to LTB 038/23 that there are approximately 650 outstanding employment tribunal claims from the 2022-23 Royal Mail Industrial dispute.  These were consolidated into the Bristol Tribunal Office and are being managed by Unionline in conjunction with the DGS(P) Department.

These claims had been stayed (Postponed) pending the outcome of a case at the UK Supreme Court (Mercer vs Alternative Futures Group) which had implications for these cases as it relates to trade union detriments due to taking part in or organising industrial action.

The question for the Mercer case was whether organising and taking part in strike action counted as a ‘trade union activity.’ If it did, then employers would not be able to subject workers to a detriment for taking part in or organising strike action.

In the Mercer case, the Supreme Court determined that under UK law, in particular TULRA 1992, organising or taking part in strike action does not constitute trade union activity and therefore so long as employers do not dismiss people, they are able to apply whichever other detriments they wish to.  Clearly this is troubling and could have massive implications for workers taking part in lawful industrial action.

However, the Supreme Court also concluded that this piece of UK law was therefore in breach of the UK’s commitments under the European Convention on Human Rights in particular Article 11 which states:

Art. 11: (1) Everyone has the right to freedom of peaceful assembly and to freedom of association with others, including the right to form and to join trade unions for the protection of his interests. 

The judgement states:

“If employees can only take strike action by exposing themselves to detrimental treatment, the right (paragraph in bold above) dissolves. Nor is it clear what legitimate aim a complete absence of such protection serves. In the context of the scheme of protection that is available, it is hard to see what pressing social need is served by a general rule that has the effect of excluding protection from sanctions short of dismissal for taking lawful strike action.”

The significance of the loophole in UK law cannot be understated and has effectively denied a fair trial for those members claiming a trade union detriment.  The CWU has submitted an amendment to the TUC 2024 to raise the status of this and to campaign with the new Labour government to close the loophole.

What this means in practical terms is that:

• Those members who have registered claims for trade union detriment have had that part of their claim struck out by the Bristol Tribunal. (For example, if a member registered a claim for unlawful deduction of wages & trade union detriment – ONLY the trade union detriment part of the claim has been struck out.)
• Members are entitled to join a group claim against the UK government to the European Court of Human Rights (ECHR) based on denial of their rights under Article 11 and Article 6 of ECHR – the right to a fair trial.

All members affected by the ruling will be written to and given the option to opt into the claim (see point 2 above).  Of course, there are no guarantees and the process is extremely lengthy.  As members will not have to do anything other than opt in and there may be meaningful compensation available, we would advise Branches to encourage members to do so.

Separately, Weightman’s solicitors, acting on behalf of Royal Mail, have confirmed that all of the outstanding sick pay claims from the dispute will be paid.  Many of these claims had been settled previously but hundreds were still outstanding.  We will of course separately verify that members have received all the monies they were owed before any of these cases are withdrawn.

This should end the unacceptable policy of blanket sick pay withdrawal which took place during the dispute.  We always argued that this was morally wrong and unlawful and it seems that the employer has belatedly accepted they could not defend these actions.  The discredited managerial approach that saw this as an acceptable way to treat employees can have no place in Royal Mail going forward.

This now means that all members who followed CWU advice to register their claims for unlawful deductions of wages (sick pay) with an employment tribunal will have received the money they were owed.  We would like to thank Branches for their assistance and hard work on this matter.

There are several other types of claims not currently covered by the above resolution which continue to be represented by the CWU through the tribunal process with the aim of reaching successful conclusion.  Further updates will be sent to these individuals on their claims.

Any enquiries in relation to this LTB should be addressed to Rob Wotherspoon, Postal Executive Member at rwotherspoon@cwu.org

Yours sincerely,

Martin Walsh
Deputy General Secretary (Postal)

Ray Ellis
Acting Head of Legal Services

LTB 275-24

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Southport Tragedy

It is with great sadness that we are writing to advise Branches that tragically CWU member David Stancombe of the North Lancs and Cumbria Branch lost his daughter Elsie Dot in the heinous attack in Southport on Monday 29^th July.

The CWU and Royal Mail are supporting our member and his family at this heartbreaking time and we wish to give particular thanks to the North Lancs and Cumbria Branch, North West region and North Wales/North West division for their efforts in this regard.

Below are two statements, one from the national union and the other from the North West Region and North Wales/North West Division.

This is an unprecedented tragedy. We are sure that the whole union would want to express their heartfelt condolences to David and his family at this heartbreaking time.

It is with deepest regret that we inform you that postal worker and CWU member David Stancombe from Southport Delivery Office lost his beautiful daughter Elsie Dot in the evil and appalling attack in the town on Monday 29^th July.

 The CWU and Royal Mail are doing everything possible to support our member and his family at this heartbreaking time. 

The North West Region and North Wales/North West Division have also issued the following statement:

The CWU Northwest community is deeply saddened to hear that one of our members, David Stancombe, has lost his daughter in the appalling attack in Southport. We know that all our members and the wider Labour movement will join us in sending our heartfelt condolences to him and his family and all those lucky enough to know Elsie Dot. It’s impossible to understand how and why this happened, but we will continue to do all we can to assist the North Lancs and Cumbria Branch in supporting the family and wider community through this devastating time.

Yours sincerely,

Dave Ward
General Secretary                                        

Martin Walsh
Deputy General Secretary (Postal)

LTB 274.24 Southport Tragedy

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Use the link below to listen to the podcast below on how How Workers Can Beat The Far Right

How Workers Can Beat The Far Right

CWU REVISED RULE BOOK – AUGUST 2024

Attached is a revised National rule book dated August 2024.    This now replaces the previous version dated April 2024.

This new rule book incorporates amendments to national Rule 12 (Political Fund).   These changes were endorsed by the NEC at a meeting on 17 July 2024 and have been given formal authority from the Certification Officers in London and Northern Ireland.   The changes needed to be made due to both Certification Officers having moved.   Rather than list the new addresses these have now been replaced by e-mail contacts namely info@certoffice.org and info@nicertoffice.org.uk respectively.

The amended rules are 12.11.6, 12.11.8, Rule 12 schedule 1.1 (notice to members) and Rule 12 schedule 1.3 (Request for exemption). In addition, the opportunity has also been taken to correct a typographical error in Rule 9.6.3 a.

This rule book is also available on the CWU website and can be found by clicking the following link:

Click to access Rule-Book-2024-August.pdf

Any enquiries regarding this LTB should be addressed to Angela Niven on telephone number 020 8971 7237, or email address sdgs@cwu.org.

Yours sincerely,

Dave Ward
General Secretary

24LTB273 – CWU REVISED RULE BOOK – AUGUST 2024

Rule-Book-2024-Updated-August-2024

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An excellent session on Royal Mail Group pensions covering a range of issues.

You can watch it all back here https://www.youtube.com/live/ceD80CsjFvs?si=ahWUa2R6WM2jWzey

It will also be available as a podcast from tomorrow on our usual channels.

Government announces it will repeal the Strikes (Minimum Service Levels) Act 2024.

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Yesterday, the Government issued a press release confirming that it will repeal the Strikes (Minimum Service Levels) Act 2023. 

The Act allowed regulations to be introduced on an industry-specific basis, setting out required minimum service levels to be maintained during strike-action. Regulations were put in place covering: health, transport, education, fire and rescue, border control, and nuclear decommissioning and radioactive waste management services. Where regulations were in place, once a trade union gave notice of strike action to an employer, that employer could issue a ‘work notice’ ahead of the strike. This specified that the workforce required to meet the minimum service levels for that strike period. 

It is very unusual to see the word ‘binned’ included in a formal press release but, such is the strength of feeling within the government about the minimum service provisions, this word is, indeed, used. The press release attacks the minimum service levels provisions by declaring that “no employer has used” them, they have not “resolved a single strike” and they “undermine good industrial relation”. An accompanying policy paper stresses that industrial relations should be based on “good faith negotiation and bargaining”.

The formal repeal will form part of the upcoming Employment Rights Bill which will be introduced within the first 100 days of the new Government