Royal Mail Group Dispute – Stoppage of Sick Pay – Acas Early Conciliation/Employment Tribunal Claims

Further to LTB 477/22 dated 1^stDecember 2022, from the numerous reports received emanating from all parts of the UK, RMG appears to have issued central instructions to stop sick pay during periods of industrial action.  This first became evident during the strike action in December 2022.  Therefore, this issue was raised by Carl Maden, National Officer with Jason Wilson, Policy Development & Integration Manager, who denied the stoppage of sick pay was part of a national directive.

Despite the denial from management, it has become clear the sheer scale of this attack must have been driven centrally.  Accordingly, we have previously advised Branches all members who have had sick pay stopped, should be encouraged to use the online claim form to submit Acas early conciliation claims and then register an Employment Tribunal, details are in LTB 500/22.

Due to RMG’s ongoing refusal to engage in the nationally agreed processes, there are now in excess of 600 individual claims relating directly to the unfair stoppage of sick pay.  These fall into the following categories:

• Individuals who have had sick pay stopped because they did not attend an absence interview on a strike day and at a location on strike.
• Sick pay has been stopped on strike days.
• Sick pay has been stopped for the whole period of sick leave if an isolated day coincides with a strike day.
• Other general stoppages of sick pay.

Some members who have received detrimental treatment due to the cessation of sick pay have suffered additional stress and anxiety whereby mortgage and rent payments have been missed and/or banking charges incurred with direct debits etc. not paid on time due to lack of funds.

We have also received reports from Branches that some members have received correspondence to suggest the decision to withhold company sick pay may be revisited if evidence is provided to demonstrate the illness.  This position ignores the fact there is a legal right to self-certify for the first seven days of absence, so it is obvious this is another move designed to place further pressure on the members concerned.

On a positive note, we have been made aware Royal Mail Group, via their legal representatives Weightmans, may wish to conciliate some cases at Acas rather than going to a full Employment Tribunal (ET) hearing.  This clearly signals RMG now consider they have potentially erred in this matter, as seeking to avoid an ET hearing by settling, indicates they are vulnerable to a legal challenge.

Branches and Representatives will no doubt support the principle the best way to resolve all of the cases (in excess of 600) is ideally through a national agreement incorporating generic solutions whilst taking into account the different circumstances listed above.

In an attempt to open up meaningful dialogue to resolve the whole issue of the stoppage of sick pay, we have written to Zareena Brown, Chief People Officer proposing a collective agreement to address the detriment unfairly incurred by our members.  In the meantime, it is vitally important all members who have had their sick pay stopped are encouraged to submit Acas early conciliation claims and Employment Tribunal applications.

Branches and Representatives will be kept fully updated on developments.

Yours sincerely,

Andy Furey                                                                                   
Acting Deputy General Secretary (Postal)

Carl Maden 
Assistant Secretary              

LTB 042/23 – Royal Mail Group Dispute – Stoppage of Sick Pay – Acas Early Conciliation/Employment Tribunal Claims                                                                  

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Lots of members are asking where they can watch the Select Committee tomorrow at 2:15pm.

Here is the link! Share it as far and wide as possible.

https://www.parliamentlive.tv/Guide

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ROYAL MAIL PROPERTY & FACILITIES SOLUTIONS LIMITED (RMPFSL)
PAY AND ASSOCIATED ISSUES

We are pleased to announce we have reached a negotiators’ agreement for our Members in RMPFSL, which has been endorsed by the Postal Executive.

The agreement covers all members in Cleaning, Engineering and Generic Admin.

Attached to this LTB is a Joint Statement which hopefully you will find is self-explanatory.

We appreciate the dispute with RMPFSL has not been easy for you and we would have liked to have concluded these negotiations earlier and thank all Reps, Members and Branches for their patience.

We will provide a further LTB next week which will include the details of the negotiators’ agreement.

We are also in the process of arranging a National Briefing along with the timetable in order to place the negotiators’ agreement before our RMPFSL members for endorsement.

Any enquiries on this LTB should be sent to Nickie Jones njones@cwu.organd Kerry Hay khay@cwu.org

Yours sincerely

Carl Maden                            Mark Baulch
Assistant Secretary                Assistant Secretary

23LTB041 Royal Mail Property & Facility Solutions Limited (RMPFSL) Pay and Associated Issues

Attachment 1 to 23LTB041

Some media articles to share

https://morningstaronline.co.uk/article/b/postal-workers-vote-overwhelming-to-continue-strike

https://www.heraldscotland.com/news/23327227.royal-mail-strikes-action-way-record-vote/

https://www.standard.co.uk/news/uk/royal-mail-dave-ward-london-mps-b1060925.html

https://www.bloomberg.com/news/articles/2023-02-16/posties-vote-for-another-six-months-of-strikes-at-royal-mail?srnd=premium&leadSource=uverify%20wall

https://www.independent.co.uk/business/royal-mail-workers-vote-to-continue-strikes-campaign-b2283777.html

https://www.mirror.co.uk/news/politics/breaking-royal-mail-workers-overwhelmingly-29235270

https://labourlist.org/2023/02/postal-workers-vote-overwhelmingly-to-continue-strikes-in-historic-ballot-result/

https://www.manchestereveningnews.co.uk/news/uk-news/royal-mail-workers-vote-continue-26258096

Royal Mail workers in Communication Workers Union vote ‘overwhelmingly’ to continue strikes campaign

https://www.heraldscotland.com/news/23327227.postal-strikes-way-record-breaking-union-ballot/

The result of the Royal Mail Group strike ballot broadcast live today at 4pm

https://youtube.com/live/g6d5rBONS5M?feature=shares

Live aftermath of the ballot results

https://www.youtube.com/live/EojTy_7kfBQ?feature=share

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2022/2023 Dispute relating to International Distributions Services (previously Royal Mail Group) for all CWU represented grades in Royal Mail Group (including Parcelforce and Fleet). Pay, unagreed change, job security, disciplining CWU Reps, activists and members. Breaking and terminating various collective agreements and protections

Please find atached a copy of the declaration of the result for the recent industrial action ballot of the above CWU members employed by Royal Mail Group.

The current legislation requires the union to provide all persons entitled to vote in the ballot and the relevant employers “as soon as is reasonably practicable” after holding of the ballot the following information:

1. The number of individuals who were entitled to vote in the ballot.
2. The number of votes cast in the ballot.
3. The number of individuals answering “Yes” to the question, or as the case may be, to each question.
4. The number of individuals answering “No” to the question, or as the case may be, to each question.
5. The number of spoiled or otherwise invalid voting papers returned.
6. Whether or not the number of votes cast in the ballot is at least 50% of the number of individuals who were entitled to vote in the ballot.

Therefore, the ballot result meets the required threshold.

Accordingly you must now take immediate steps to publicise the result to all relevant members, however it is essential that any communications regarding the result must as a minimum contain the information as detailed at items a) to f) inclusively above.

Branches are also reminded that only the Industrial Executive Committee has the authority to instruct members to take industrial action.

Further information regarding the next steps of the dispute will be circulated by the DGS (Postal) in due course.

Any enquiries regarding this Letter to Branches should be addressed to the Senior Deputy General Secretary’s Department on telephone number 020 8971 7237, or email address sdgs@cwu.org.

Yours sincerely,Dave WardTony KearnsAndy FureyGeneral SecretarySenior Deputy General SecretaryActing Deputy General Secretary Postal            

23LTB040

T0403_1_CWU_ROYAL MAIL

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ROYAL MAIL GROUP DISPUTES – Claims for TU detriment & unlawful deductions

Further to LTBs 477/22 and 500/22, discussions have taken place with Acas concerning over 1000 claims that currently exist relating to Trade Union detriments and unlawful deduction of wages. Thank you for all the work that Branches have performed on these claims, which are a vital part of the fightback against RMG’s unacceptable treatment of CWU members.

The two main groups of claims relate to:

• preventing CWU members from performing normal overtime in response to taking part in or organising industrial action; and
• the unlawful deduction of sick pay.

RMG have indicated they are taking the following approach:

For sick pay – RMG solicitors Weightmans will now be entering into individual conciliation on cases through Acas.  It is possible some members will be offered money to settle their cases.  It is up to individual members if the amount on offer is sufficient, or if they wish to pursue further compensation, for example if bank charges have occurred as a result of the stoppage.  This means it is vital that all cases that Branches are aware of, relating to unlawful deductions of sick pay are quickly registered with Acas for early conciliation.  Acas have already begun to contact members and Branches with requests for further information and Branches may wish to enter into discussions.

In order to assist with the collection of further information on these cases, a new national web form has been set up at:

https://www.cwu.org/sick-pay

Members who have filled in the previous national claim form will be emailed to fill in a copy of this form.  This will then be shared with Branches to forward to Acas in order to assist with the conciliation process.

If Weightmans indicate that they are not willing to conciliate on a particular case, an early conciliation certificate will be issued by Acas.  This will also happen if the claim reaches the end of the six week Acas timeframe.  This means the clock will start ticking again for the Employment Tribunal, and the ET1 then needs to be submitted, especially in light of the 3-month minus 1-day deadline.  The fact the above form has been filled out should assist Branches greatly for the detail needed at Employment Tribunal.

We are extremely grateful for the Branches ongoing work in this area, which has already successfully delivered money back to our members that had been unlawfully deducted. The decision to stop sick pay for individuals at a time when they are at their most vulnerable is appalling; however, we are confident that further gains will be made for our members.

For overtime cases, RMG’s solicitor Weightmans have indicated that they will NOT be entering into individual conciliation on cases through Acas.  This means that early conciliation certificates will be issued and, once again, it is important that ET1 forms are completed prior to the 3-month deadline.  ET1A forms can also be used to group claims of this type where the circumstances are the same, (for example claims from the same workplace).  The draft grounds of complaint were circulated in LTB 383/22 and should be used on the ET1 or ET1A form.

• Discussions have taken place with the CWU legal services department about grouping claims of this type together at Employment Tribunal and further advice will be circulated on how this will take place.

Acas have also requested that the following information is included on the early conciliation online form for each member to assist with the early conciliation of cases:

• What the issue is;
• Member’s Payroll number; and
• Workplace location (i.e name and area of country).

Furthermore, a list of frequently asked questions about progressing claims at Acas and at employment tribunal is attached.

For any questions about this LTB please contact Postal Executive members Rob Wotherspoon rwotherspoon@cwu.org, Saf Khan skhan@cwu.org or Luke Elgar lelgar@cwu.org.

Yours sincerely,

Andy Furey
A/Deputy General Secretary (Postal)

Dave Ward
General Secretary 

LTB 038/23 – ROYAL MAIL GROUP DISPUTES – CLAIMS FOR TU DETRIMENT UNLAWFUL DEDUCTIONS

Att: FAQs

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POST OFFICE: PAY DISPUTE – JOINT STATEMENT

Dave Ward, General Secretary and I met with Nick Read, CEO and Jane Davies, Group Chief People Officer last week and as a consequence both parties have now agreed to refresh our pay negotiations.  Clearly this is a positive development and we naturally hope that refreshed talks will lead to a settlement, which from our perspective should incorporate the 2023/24 pay review period.  The Joint Statement below has been published this afternoon:

Joint Statement – Post Office and CWU Pay Negotiations

 Following a productive meeting, we have agreed to refresh pay negotiations with the aim of arriving at a mutual solution for pay.

 Both parties feel that a new focus and momentum may be worthwhile and therefore we have committed to an initial meeting at the earliest opportunity.

We recognise that colleagues will be feeling the impact of the cost of living crisis which Post Office is not immune to.  However, we feel that some fresh thinking may present us with the opportunity to reach an agreement which both Post Office and CWU are keen to achieve.  In light of this news the ASOS within Supply Chain, DMB and Admin will be postponed pending talks.

Jane Davies
Group Chief People Officer
Post Office 

Andy Furey
A/Deputy General Secretary (Postal)   

Arising from the agreement for fresh talks, Branches will note, in the closing sentence of the Joint Statement is reference to postponing the Action Short of a Strike (ASOS).  We will be writing formally to Jane Davies to confirm this position.  Obviously if the fresh talks were to fail, it would be easy for the Postal Executive to re-ignite the ASOS if necessary.

Further developments will be reported.

Yours sincerely

Andy Furey
A/Deputy General Secretary (Postal)

LTB 037/23 Post Office: Pay Dispute – Joint Statement

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