Please share this message from the GS via your social media account #TheCWU
Please share this message from the GS via your social media account #TheCWU
The issue of Holiday Pay (average pay on leave) has been a long-running issue for both the Union and certainly the members affected. Despite the Union’s attempt to mitigate some of the resourcing difficulties at source (particularly in relation to regular overtime performed by part-timers via the ‘Four Pillars Agreement’ and the ability to locally agree variation of contracts either on a permanent or temporary basis), it still does not resolve the substantive issue of CWU members receiving their average pay when on leave.
As many people will appreciate, the issue of receiving average pay whilst on annual leave (up to 4 weeks) has been the subject of years of legal interpretations however we are convinced that the legal precedent is now clear for our purpose.
Colleagues will recall Motion 60 carried at 2018 Annual Conference, the terms of which are reproduced below for ease of reference;
“This Conference instructs the Postal Executive to consult with Branches to find suitable cases of members who regularly work above their contracted hours but receive only contracted pay whilst on leave.
Once suitable cases have been identified this Conference instructs the Postal Executive (with/via the Legal Department) to support such members in making a employment tribunal claim in line with Dudley Metropolitan Borough Council v Mr G. Willetts and others which covered voluntary overtime being included in average holiday pay.
This should then strengthen the union’s case in resolving the long outstanding issue of average holiday pay vs contractual holiday pay.”
I can now advise Branches that the Union has been working closely with our legal team to enact the terms of Conference policy and we will soon be in a position to produce a set of comprehensive documents that will enable the Union and its members to pursue a remedy to the issue of average Holiday Pay via recourse to an Employment Tribunal.
The complexity of this task and the various hurdles we have to overcome are not to be underestimated and will require a collective organised process across our Branch and IR structures. So we are now working on the sequence of events that will need to take place to ensure we are in the strongest possible position to win and resolve this issue once and for all. Information regarding our approach will be communicated in the next few weeks.
Notwithstanding the Union seeking to address this concern via Employment Tribunals, a further meeting was held with Royal Mail Group on 2nd August 2018, where the Union made it clear that our preference was to seek a Collective Agreement on this issue rather than pursue a resolution via litigation. It was clear from the company’s response at that meeting that in spite of the various legal rulings, there was still ambiguity in their opinion around the matter of what constitutes normal and regular overtime as advised by the Royal Mail legal team.
Against that backdrop we have attached for your information a copy of the correspondence sent to the business following this meeting which has clearly defined the Union’s position, the content of which should be used to update members via workplace meetings and any other mediums Branches may choose to use.
I want to make it absolutely clear to Branches, Field Representatives and our members that I, along with the Postal National Officers and the Postal Executive, are fully committed to bringing this matter to a conclusion and reaching a Collective Agreement with the employer on this important subject.
We fully appreciate the frustration as well as the resentment our members feel in respect of the Royal Mail Group’s position on this matter and the employer should not underestimate your Union’s resolve to address this matter once and for all.
Any enquiries in relation to the content of this LTB should be addressed to the DGS(P) Department and further updates will be issued in due course.
Deputy General Secretary (Postal)
Annual Leave/Resourcing Guidelines
As with previous years, an updated set of National joint guidelines has been agreed in order to assist representatives when discussing and concluding 2019-20 annual leave arrangements with local managers, which should be concluded in line with the way forward agreement by 31st October 2018.
Whilst the attached guidelines mainly reflect previous year’s arrangements, particular attention is drawn to Branches regarding the following:
The “Annual Leave Calenderisation Work Aide” was updated last year and the information / guide tab will assist managers and reps in undertaking the correct process to establish leave demand and populate the work aide accordingly. Whilst stressing the point that the Work Aid is a guide and should therefore be used as such.
The focus is on concluding a robust and reliable Annual Leave Plan / Agreement that includes all individuals’ legally contractual leave entitlements as its primary driver, whilst also identifying extra leave slots in low traffic periods over and above those agreed to facilitate the taking of additional leave and therefore maximising choice of
leave slots for individuals.
The existing national agreements, guidelines, agreed tools, procedures and processes in place to support resourcing on an ongoing basis are not affected by these annual leave/resourcing guidelines. They remain firmly in place and will in fact be used to support the process and assist in providing a balanced approach to year round leave allocation and resourcing.
Managers and reps will also need to establish the total number of owed weeks above the leave year’s contractual entitlement which need to be documented in your agreements and arrangements agreed locally put in place to deal with it.
Additionally, set out below is guidance that has previously been communicated to representatives but is worth repeating especially for representatives entering into leave agreements for the first time:
It is essential when entering discussions that CWU representatives establish and allocate the unit’s contractual entitlement first which will in turn identify the number of leave reserves required to enable reliable resourcing.
“Vacancies and leave reserve vacancies should remain under constant review to ensure adequate resource is available to meet customer and operational requirements”.
When establishing leave demand include all staff contractual leave, Bank Holiday credits for annual leave that coincides with Bank Holidays and rest days that fall on a Bank Holiday, purchased leave, and any leave days carried over from the previous year. Your DOM should have this information in their Manpower Plan that you need to check to ensure all contractual and carried over leave has been captured.
The number of weeks can be checked through this calculation below and should be cross referenced with the number of leave weeks in PSP that are in the Annual Leave Calenderisation aide and the relevant adjustments made.
If the above added up to 600 weeks to be allocated and covered and 2 weeks were closed for Christmas Pressure the number of leave reserves to cover AWD would be 12, (600 / 50) = 12. Add to this the leave reserves leave 12 @ 5 weeks = 60 weeks would mean another leave reserve (60 / 50) = 1.2.
In this example that would mean that a minimum of 13 leave slots a week for 50 weeks should be available. If you then agree to open up another 3 slots due to agreed absorption through the summer weeks then in the period June to August the number of open slots available should be 16.
This is just one flat line example. Units may decide not to employ against all 13 reserves and convert some to S/A, or overtime. This is subject to local discussion and agreement.
As a consequence of providing additional leave slots in the summer period there
maybe leave gaps in the ‘winter’ period, notwithstanding other absence, which you may need to discuss and agree a plan to deal with. There could be more people available in the unit, bearing in mind traffic/workload traditionally increases during this period. This should be dealt with via weekly resourcing meetings and subject to agreement.
Branches should progress any disagreements in regards to managers refusing to fully engage and adhere to these guidelines in establishing annual leave plans / agreements through the IR framework as appropriate.
Finally, the CWU presentation which was produced last year by the Outdoor Department to assist reps in undertaking leave agreements remains available to Branches and ADRs upon request.
Any queries to the content of the above, please contact the Outdoor Department, reference: 445.
Email address: email@example.com.
Assistant Secretary Outdoor
Lone Worker Safety, Security and Wellbeing Conference & Exhibition – Central London, Tuesday 2 October 2018 – Sponsored by the British Safety Council, HSE & BSIA:
To: All Branches
The British Safety Council has informed CWU/HQ that the Lone Worker Safety Expo and Conference will take place in London on 2 October 2018, 9am – 5pm, at The King’s Fund – 11-13 Cavendish Square, Marylebone, London W1G 0AN (just behind John Lewis on Oxford Street). The King’s Fund is an independent charity that works to improve health and care in England. The event will focus solely on the security, safety and wellbeing risks of lone working.
With speakers from the Health and Safety Executive, the British Safety Council, the BSIA, Law firm Pinsent Masons Solicitors, IOSH and other well-respected organisations, the event will offer a good opportunity to gain further information and guidance.
The organisers say that for those responsible for lone workers and vulnerable workers and those that need to understand their legal obligations, or want practical advice on how to minimise risks associated with lone working, then it is worth attending the event.
There’s practical advice on how to minimise risks using training and technology.
The aim of the event is to ensure that the day helps increase delegates’ knowledge and awareness of the health, safety, personal safety and wellbeing risks to lone and vulnerable workers in a variety of sectors.
The event offers the opportunity to gain direct access to experts, experienced professionals and trusted exhibitors. The morning will consist of a keynote conference sharing best practice and expert knowledge. In the afternoon, there is an opportunity to get involved with various practical workshops.
Subjects covered will be:-
• Legal responsibilities and the implications of not addressing these.
• The increase in Violence and Aggression towards lone workers and practical tools to reduce and manage the risk.
• Latest thinking on the use of technology and training solutions.
• The challenges of managing lone working in the community and in high pressure situations.
• Ways to address mental health and wellbeing concerns for lone workers.
• Questions to ask when procuring a lone worker system and the impact of BS8484.
• Identifying and implementing effective control measures for the Health and Safety risks to lone workers
• Contingency planning and practical advice for major incidents and terrorist attacks when travelling in the UK and abroad.
The Event Main Sponsors and Supporters are the British Safety Council, the Health and Safety Executive and the British Security Industry Association.
08.45 – Registration opens
09.00 – ‘Ask the Expert’ session
10.00 – Welcome – Nicole Vazquez and Worthwhile Training
10.15 – Opening Address – Louise Ward, Policy & Standards Director, British Safety Council
10.30 – Lone Working – organisations’ legal responsibilities Sean Elson Pinsent Masons LLP
11.00 – Lone Workers, health, safety and wellbeing concerns Barbara Hockey HSE
11.30 – Managing Lone Working – Chris Shaw NHS Head of Health and Safety
12.00 – Panel Discussion on technology and training – Q&A Session
12.30 – Lunch and networking
13.30 – Workshop Streams:-
• Working Alone: Health And Safety Risks, The Controls And Getting The Balance Right.
• Managing the Mental Health and Wellbeing of Lone Workers.
• Procuring a Lone Worker Solution: Asking the right questions and understanding the importance of BS8484.
• Designing and Delivering the ‘Right’ Training for Lone Workers.
• Managing Violence and Aggression within the Workplace.
• Planning And Practical Advice For Major Incidents And Terrorist Attacks When Travelling In The UK And Abroad.
16.00 – ‘Ask the Expert’ session
Tel: 01926 315511
Registration is now open
Numbers will be limited in 2018, so those wishing to attend should complete the registration form at http://www.loneworkersafetyexpo.com to reserve a place. A full delegate registration form will then be sent via email with payment details and joining instructions.
Delegate fees for 2018
Standard Fee – £205.00
For members of IOSH, IIRSM, BSC – £175.00
Use Discount Code HSE1820 to gain a 20% discount – £140
The organisers hope that the day offers great value for those interested in the health, safety, personal safety, security and wellbeing of lone and vulnerable workers.
National Health, Safety & Environment Officer
BRIEFINGS – CWU REDESIGN
North East Region, Scotland, Northern Ireland, North West Region
16 Peter Street
Midland Region, Eastern Region, South West Region, Wales and the Marches
46-48 Summer Lane
London Region, South East Region
Trades Union Congress
Great Russell Street
Entitlement to attend the Briefing is on the basis of two representatives per Branch, Senior Field Officials, National Team members, NEC and Industrial Executive members.
The above briefings are being held to provide Branches with additional information prior to the Special Redesign Conference.
If your Branch is unable to attend at your allocated meeting, please inform the General Secretary’s office (firstname.lastname@example.org) of the location and briefing you will be attending.
Please find below an article and video from DGSP Terry Pullinger on culture in Royal Mail. This is a big issue for our members. Please can you insure both the article and video are shared as widely as possible in every office. We would encourage you playing the videos at WTL / CWU meetings.
The CWU has worked with Momentum on this video on public ownership. Please share the following links on Facebook / Twitter #TheCWU
CWU/RM -National Terms of Reference – Uniform Trial Footwear Magnum Bandera Active Trainers & Panther Taormina Shoe (Non Safety).
Letter to Branches 271, dated the 9th of April 2018, provided an update on the trials of the Panther Easyflex and Magnum Bandera Waterproof Trainers and confirmed that the Easyflex trainer had been added to the official uniform footwear range following a successful trial, but that the Magnum Bandera trainer had not due to ongoing manufacturing difficulties during the trial.
The Outdoor Department has now been in discussion with Royal Mail for two further trials of footwear which are detailed in the attached Terms of Reference. The trials are for the Magnum Bandera Active Trainer and the Panther Taormina Shoe.
The Magnum Bandera Active Trainer is based on a unisex sizing with the Panther Taormina Shoe being based on a ‘female fit’ sizes 2 – 7 and ‘unisex fit’ sizes 8 plus. Also attached to this LTB is a photo of both the Magnum Bandera Active Trainer and the Panther Taormina Shoe.
The Magnum Bandera Active Trainer is based on the former ‘Magnum Bandera Trainer’ but has undergone a number of improvements since the last trial in relation to sizing and durability.
The Panther Taormina Shoe is based on the same sole as the Panther Easyflex Trainer with a full leather upper rather than a material upper.
The trial will be for 5,000 pairs of the Magnum Bandera Active Trainer and a 1,000 pairs of the Panther Taormina Shoe, and for the purpose of the trial these will be made available on request in line with the normal uniform ordering arrangements in respect to footwear and will be available for walking delivery / delivery drivers. If the trial for either or both footwear range proves successful then they will be made available to all employees who are entitled to non-safety footwear.
The trial will take place from August 2018 for the Panther Taormina and November 2018 for the Magnum Bandera Active and will run for a period of 12 weeks, with a joint National review in November and February respectively on progress and developments.
The trial of the new trainer and shoe should be welcomed by Branches as it seeks to further improve footwear provisions and options for members and should also be welcomed as the Panther Taormina Shoe is based on a ‘female fit’ sizes 2 – 7, which reflects longstanding Conference policy in these two areas regarding footwear.
Any queries to the content of the above, please contact the Outdoor Department, reference: 500 email address: email@example.com.
CWU Assistant Secretary
JOINT STATEMENT BETWEEN ROYAL MAIL LOGISTICS AND THE CWU ON THE DEPLOYMENT OF THE 1ST HOUR SWW, EQUIVALENT BENEFIT FOR NATIONAL LOGISTICS PROFESSIONAL LGV DRIVERS
Branches and representatives will be aware that Paragraph 16.3.3 of the Guiding Principles agreement established that the enabler for the deployment of the 1st Hour SWW or equivalent benefit for Network Professional LGV Drivers was the deployment of the National Network Review.
The review was successfully deployed on the 18th June 2018 and the department has been in discussions on a Joint Statement on the manner in which the SWW benefit would be delivered for LGV Drivers.
Colleagues will be aware that the department has long considered the fact that our Network Driver members are on a Net week with unpaid meal reliefs and work non-standard duty patterns, presented complexities in removing the time. It was for exactly that reason that we effectively “cashed up” the previous time reduction as part of the BT 2010 agreement.
As we previously made clear, when constructing our negotiating strategy during the Four Pillars talks and again when out on the Unit Representatives briefings, the department’s ambition was to use the SWW flight path to restore payment to unpaid meal reliefs on a phased basis.
This policy has now been achieved and attached for your information is the Joint Statement that has been concluded and endorsed by the Postal Executive, which confirms that as a first phase, from the 1st October 2018 our Network Professional LGV Drivers will receive additional payment at the appropriate standard hourly rate in relation to the first hour of Meal Relief each week.
In addition the Joint Statement also confirms that this will continue in relation to the 2nd Hour in 2019 and that the enabler for the 2nd Hour Benefit, in line with paragraph 19.2 of the Guiding Principles will be a review of variable non driving time.
The review will take place without any predetermined outcomes and any agreed changes will be factored into the 2019 Network Review which will then trigger the restoration of pay to the 2nd hour of Meal Relief per week.