Average Pay on Leave (Holiday Pay Claims) Against Royal Mail Group Limited

The purpose of this LTB is to update Branches on recent developments that have occurred in relation to the above.

Further to LTB 519/19, circulated to Branches on 28th August 2019, it was brought to the attention of the DGS(P) Department that a “Case Management Order” had been introduced by the President of Employment Tribunals which will transfer all existing and new cases to the Tribunal Centre in Bristol. Currently this Order only applies to cases in England and Wales.

A copy of the Case Management Order is attached but Branches will wish to note that all Employment Tribunal claims for average holiday pay on leave in Royal Mail Group will be “stayed until 1 January 2020, in the light of the ongoing national discussions with a view to reaching an agreement in respect of these claims” and that “A preliminary hearing for the purposes of case management shall be listed at Bristol as soon as possible after 1 January 2020”. This in effect means that unless a National Agreement is reached by the end of this year, a collective employment tribunal will take place in early 2020 where the Union’s claim for average pay on annual leave will be heard. This is a major achievement for the Union and its members.

On 26th September 2019, following an approach from Weightmans solicitors, ACAS contacted the DGS(P) Department to advise that in light of the aforementioned order, as from 23rd September 2019 Royal Mail Group will no longer offer new settlements at the early conciliation stage. Whilst the business will conclude cases where an offer has already been tabled or a recalculation requested, all new cases will be issued a certificate number and progressed to the ET1 stage.

As Royal Mail Group failed to contact the Union to relay this change of policy, correspondence was sent to the business seeking clarification and a response was received on 29th September 2019. This confirmed their position (as above) but also requested that meeting dates be put forward for further collective negotiations on this issue. The DGS(P) Department is currently in the process of arranging a mutually convenient date for the next meeting.

It should be noted that the outstanding work completed by Branches during the past twelve months has ensured that the issue of average pay on leave has moved forward. During this time our members have collectively received hundreds of thousands of pounds in compensation. It is evident that the momentum Branches have created, along with the wider strategy, has resulted in the progression of this matter and we are now in the position we originally sought in terms of collective action.

Despite the Case Management Order and the stance taken by Royal Mail Group, it is still vitally important that Branches encourage the maximum number of members to continue to submit claims through ACAS. This will ensure we remain in the best position to achieve our goals and the current direction of travel now means this has become more likely.

The workload, from an early conciliation perspective, will now be less than before due to the position that has been taken by Royal Mail Group, and once registered all employment tribunal cases should now be forwarded to the Legal Services Department at CWU HQ.

In addition, we are now asking Branches to identify “test” cases that can be utilised and in particular those involving part-time grades that have formed the vast majority of cases thus far.

Finally I must reiterate that it is still the Union’s intention to get an acceptable collective agreement on this matter and your ongoing work will ensure that we achieve this.

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)

19LTB575

LTB 575.19 Attachment 1 Case Management Order

The UK National Work-Stress Network Annual Conference 2019 – Birmingham – Saturday 23rd & Sunday 24th November 2019 – Theme: “Moving Toward a Better Work Environment For All”

The UK Work Stress Network has announced that their Annual Conference 2019 will take place at the Hillscourt Conference Centre, Rednal, Birmingham B45 8RS on Saturday 23 November 2019, 9.30am to 5.30pm and Sunday 24 November 9.30am to 12.30pm.

In line with CWU Conference Policy, the CWU is proud to announce its continued support and sponsorship of the UK Work Stress Network Conference and the latest edition of the organisation’s excellent “Work Stress Handbook” published earlier last year.

The UK National Work Stress Network is a Trade Unionist led organisation which is committed to the eradication of the causes of work-related stress and associated illnesses. It campaigns to advance this aim through its involvement with the Hazards Campaign and in conjunction with the TUC, European organisations and within UK Trade Union structures.

The Network calls for:-

• Employers, Company Directors and Managers at all levels to acknowledge their duty of care and for their acceptance of their health and safety responsibilities to the workforce;
• Legislation and enforcement procedures to outlaw all forms of workplace stress, bullying and victimisation; also to ensure full corporate liability for workplace injury; and
• The creation of a caring, supportive workplace culture with ‘Dignity at Work’ for all and for worker sensitive procedures for all.

The Network consists of many hundreds of like-minded people, some of whom have suffered the consequences of work-related stress. Amongst them are experienced caseworkers, counsellors, occupational health workers, Trades Union lay and paid officers and those who are just determined to see effective management which recognises the needs of the workforce as well as of business.

The Conference will examine working lives becoming much more complex and stressful. Working life is becoming more complex from all angles. Following the EU referendum result, with ‘BREXIT’ looming, we face an uncertain future for the country, employment and business. Employment and other laws originating from the EU, once transferred into UK law, will almost certainly face dilution or even removal under another Conservative Government. Health and Safety laws are still in place but many employers disregard or are ignorant of the HSE Stress Management Standards.

The former Prime Minister has flagged up a greater need for better care and support particularly for mental health. The Government commissioned ‘Stevenson-Farmer’ independent review into workplace mental health concluded that the UK faces a significant mental health challenge at work and that both employers and Government must prioritise and invest far more in improving mental health. At the same time the NHS is struggling to keep up, and no extra money seems to be forthcoming. Pressures on public services continue to remain high under the enduring austerity regime. Workers face increasing demands on their time and skills.

There is relentless change at work, which in itself is intensely fatiguing.

Recent research has shown that those with disabilities suffer disadvantage at a range of levels – all of which increase stress levels.

Are you a young worker dealing with the brave new world of zero hours contracts, coping with the demands of more than one employer? Are you a middle aged worker coping with the pressures of being both a worker and a parent to children (younger and older) at home? Are you the carer of elderly parents? Or are you an older worker having to work much longer than you had ever anticipated? Working life is becoming more complex from both ends of the age spectrum.

• Young workers
• Older aging workers
• Zero Hours Contracts
• Doing two jobs
• Working and parenting
• Working and being a carer
• Long hours of work
• Manual work demands

Whichever applies, the world of work has never been more stressful.

A greater recognition of mental health issues is very welcome and brings increased responsibilities for employers. It also brings more challenges for our work as health and safety stewards.

This year’s Conference will focus on the tools and strategies needed by Trade Unionists to support their members, protect themselves and get employers engaged in tackling work stress to make our work places a safer place for all.

Speakers so far confirmed for the conference:

• Hilda Palmer – ‘Hazards’ and ‘Families Against Corporate Killers’ (FACK) – Speaking on holding employers to account despite weak law and poor enforcement. Plus Hilda will run a workshop on ‘Corporate Responsibility’ and holding employers to account.
• Professor Diana Kloss MBE – a Barrister, university teacher, former employment tribunal judge and Hon. President, Council for Work and Health – speaking on the employer’s duty of reasonable adjustment for workers with a disability. Plus Dianne will run a workshop on the Equality Act 2010 and the role of occupational health practitioners – fact and fiction.
• Professor Gail Kinman – Professor in Occupational Health Psychology at the University of Bedford – speaking on stigma in work-related stress and mental health. Plus Gail will run a workshop on the misuse of staff surveys.

The aim is to provide information, exchange of good practice, networking opportunities and helpful interaction to send delegates back to their workplaces with the tools needed to make the workplace safer for all.

Lots of information and useful handouts will be distributed to all Conference delegates.

UK National Work-Stress Network Conference Further Information:-

Julie Walker
6 Greenhill Avenue
Ripley
Derbyshire
DE5 3JJ
Email Address: ukstresscoordinator@gmail.com
Website: http://www.workstress.net/

Registration:

A copy of the Conference Flyer and Registration/Booking Form is attached in pdf format.

This Conference is aimed at Health and Safety Representatives, Trades Union Officials and Shop Stewards, Human Resources and Health and Safety Specialists and Stress Management Consultants.

This is a very popular annual event – book early to secure a place.

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

19LTB574 The UK National Work-Stress Network Annual Conference 2019

Workstress Network Conference 2019 Registration Form

HSE Publish New Work-Stress Investigation Criteria

‎Work stress is a major cause of sickness absence in the workplace and it affects individuals, family and colleagues. The HSE Workbook/Guidance was updated earlier this year and is aimed at helping organisations to meet their legal duty and holding them to account – in relation to assessing the risks to its workforce from work-related stress and to give advice and guidance on how to manage work related stress by removing and controlling those risks. Failure to do so can be a criminal offence.

For some months the TUC, CWU and other affiliated unions have been urging the HSE to amend its criteria for ‘potentially’ investigating collective/structural cases of work related stress in workplaces in order to hold organisations to account for failures to comply with the duty to manage work stress.

This has been subject to regular considerations and debate at the TUC Union Health and Safety Specialists Committee and meetings with the HSE.

I’m pleased to report that the investigation criteria has now been published and this follows the updated HSE guidance and step-by-step workbook on tackling work-related stress published in March.

In short, the HSE regards cases of work-related stress to be eligible for investigation if it is related to a structural/organisational/collective issue, with many people sharing the same experience AND all usual channels to remedy the situation have been exhausted, such that the employer has had the opportunity to respond but the causal factor of work-related stress persists, harm is being caused and there is not a more appropriate lead enforcement agency.

Attachments:-

• HSE – Tackling Work-Related Stress using the HSE Stress Management‎ Standards – a step-by-step workbook.
• HSE – Reporting a Work-Related Stress Concern.
• TUC guidance For Union Representatives on making complaints to the HSE or Local Authority enforcement agencies on workplace stress.

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

19LTB573 HSE Publish New Work-Stress Investigation Criteria

wbk01

HSE Reporting a Concern

Workplace Stress – TUC Guidance on Enforcement

CWU Retired Members Conference 2019 – Agenda Pad 

Branches would wish to know that the agenda for the CWU Retired Members Conference being held in Birmingham on Wednesday 23^rd October 2019 has now been published on the website and can be accessed by opening the attachment or pasting the link into your browser:

http://www.cwu.org/wp-content/uploads/2019/10/CWU-RETIRED-MEMBERS-AGENDA-2019.pdf

Hard copies of the agenda will be sent to Branch addresses of everyone that has registered using the online registration system.

Credential cards for delegates/visitors and voting cards will be issued on the morning of the conference at registration prior to the opening.

Any enquiries regarding this LTB should be addressed to Angela Niven by telephoning 020 8971 7256 or by post to head office or by email to conferences@cwu.org

Yours sincerely,

A P Kearns

Senior Deputy General Secretary

19LTB572 – CWU Retired Members Agenda 2019

CWU RETIRED MEMBERS AGENDA 2019

Hazards Campaign” – 20th Anniversary Event – “Asbestos Still Alive And Kicking” – “Asbestos Still Killing 5000 A Year” Liverpool Saturday 19th October 2019: (A Free Event)

The Hazards Campaign has announced a special 20th Anniversary Event to be held on Saturday 19th October 10:30am – 1pm at the Liverpool Quaker Meeting House (Friends Meeting House), School Lane, Liverpool L1 3BT with all welcome to this ‘free event’.

The event is being sponsored by the University and Colleges Union, University of Liverpool Branch.

Agenda:

10:30 – 11am – Tea & Coffee

Speakers:

• Angela Eagle MP, the Labour Minister of the day who introduced the Bill to ban Asbestos in the UK.
• Dr. Charles Clutterbuck – Founder member of the British Society For Social Responsibility in Science (BSSRS).
• Harminder Bains (Solicitor Leigh Day LLP) representative of Graham Dring and the ‘Asbestos Victims Support Groups Forum UK’ in the recent Supreme Court Victory over Cape Plc regarding public disclosure of Court documents and records.

To book a place at the event simply telephone Merseyside Asbestos Victim Support Group (MAVSG) on 0151 236 1895 or e-mail info@mavsg.org

TICKETS WILL BE ALLOCATED ON A FIRST COME FIRST SERVED BASIS

Further Information From:-

Merseyside Asbestos Victim Support Group – (Reg. Charity No: 1178374)
108 Century Building
Tower Street
Brunswick Business Park
Liverpool
L3 4BJ

T: 0151 236 1895
www.mavsg.org

See attached event flyer.

Yours sincerely

Dave Joyce
National Health, Safety & Environment Officer

19LTB570 Hazards Campaign – 20th Anniversary Asbestos Ban Event 19 October 2019

20th Anniversary Flyer