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Employment Tribunal (L2 Forms)

Circular No: NP/187/14

LA/43/14

 

25h September 2014

 

TO ALL BRANCHES, REGIONAL COUNCILS & REGIONAL OFFICES

 

L2 COMPLETED FORMS AND ADDRESS OF LEGAL DEPARTMENT

 

Dear Colleague,

May I remind you to ensure that all L2 forms are signed by the member and the Regional Officer and that they are sent to the Legal Department; whose address is Maritime House Clapham Old Town, Clapham Common. London SW4 0JW.

Please do not send them to me at Unity House as this wastes time.

I would be grateful if you could bring the contents of this Circular to the attention of your Branch members.

 

Yours sincerely

Mick Cash

General Secretary

Posted on

Engineering Grades Conference Decisions

Circular No: IR/248/14

Our Ref: BR4/28/1

 

24 September 2014

 

 

To: Branches, Regional Councils & Regional Offices

 

 

Dear colleague

 

NATIONAL CONFERENCE OF ENGINEERING GRADES 2014

 

The resolutions which were passed at this year’s National Conference of Engineering Grades have now been considered by the General Grades Committee. Below are the resolutions, along with the GGC decision on each one:

 

1. BANK AND PUBLIC HOLIDAYS

“This branch calls on the general grades committee to take up as a matter of urgency the situation of members taking a B&P holiday as part of their allocation under their terms and conditions when working a night shift cycle which they are required to take when on night shift resulting in the member suffering from fatigue when taking up his next turn of duty where the member could well be awake for 21 hours after doing so.

Members who work a dayshift and backshift cycle receive a stand-alone day and this resolution calls for our members who work nights should receive the same.

The branch further believes the secretary needs to raise the matter with network rail to come up with a solution to help resolve the matter.”

 

GGC Decision

“After speaking to the delegate from Edinburgh & Portobello branch who explained the issue as: staff working night turns not being required for duty on a Bank Holiday after working a night turn on the previous shift and then working nights on the turn following the Bank Holiday. Clearly this has an impact on members’ sleeping patterns which could ultimately lead to an accident or injury to themselves or others.

We therefore instruct the General Secretary to write to branches seeking further information on where this is happening and further raise the matter with Network Rail to ensure that our members’ health is not unduly put at risk through sleep deprivation.”

 

2. NETWORK RAIL ROSTER PRINCIPLES/ON CALL

“The rest period between any shifts in the Network Rail roster principles is 12 hours, however for those who are ‘On Call’ there are a number anomalies.

For example

5.3.5 The maximum hours in any week are 48 hours.

5.3.6 The maximum hours in a day are 12hours.

5.3.8 No more than five turns will be roistered in any week.

5.3.10 Rest days, once published can only be altered by agreement with the individual concerned.

5.3.12 the maximum rest interval between any rostered turn of duty will be 12 hours.

However these principles are ridden rough shod over if you are ‘On Call’ and the above list is not exhaustive.

For example

  • If you do work a rostered 12 hour shift and are called out after that shift has finished then you cannot have a 12 hour rest period.
  • You can exceed the maximum 12 hour shift and any extended by call out.
  • If you work a normal 7 x 5 shift from 07.30 to 15.00 and called out for example, from 20.00hrs to 24.00hrs you cannot get a 12 hour rest period in before your next shift at 07.30.
  • If called out you will exceed the maximum of five turns a week.
  • At present a rostered shift cannot be less than 6 hours, however most call outs are an average of 4 hours, which does not constitute a shift and therefore under the roster principles doesn’t seem to need a rest period. We believe this has to change.
  • May also exceed the maximum of 10 consecutive shifts.
  • Rest days may be interrupted.
  • Are ‘call out’ hours included in the 48hrs maximum for a week?
  • Is the ORR aware of the hours outside of the roster principles being worked ‘On Call’ and if so what records do they have to monitor those hours?
  • We need to quantify what defines a shift or a turn of duty, we believe that anything worked over and above the rostered shift ( on call and called out) should count as another shift or turn of duty in respect of qualifying for the 12 hour rest period.?
  • We are calling for a proper rest period between any shift working hours. It cannot be right that the minimum rest period between shifts is 12 hours yet if called out after our shift, we could work another 4 to 6 hours and be expected to report for work the following morning at the appropriate start time.
  • There is no doubt that being ‘On Call’ can lead to our members working differing shifts, sometimes of a split shift nature which induces fatigue, which is a direct threat to our member health and wellbeing.
  • Therefore this engineering conference requests the Council of Executives to put an end to these anomalies and meet with Network Rail as soon as possible within the next 6 months to discuss these principles and highlight the amount of hours being worked by our members to keep our industry running.
  • The union should also organise a campaign around ‘On Call’ raising the awareness of the medical problems that arise from working long hours and nights and explaining the correct rest periods. The union should also investigate the amount of hours worked ‘On Call’ that are outside those hours that are rostered, to ascertain just how many extra hours are being worked in the industry.
  • The union should also organise a campaign around ‘On Call’ raising the awareness of the medical problems that arise from working long hours and nights and explaining the correct rest periods. The union should also investigate the amount of hours worked ‘On Call’ that are outside those hours that are rostered, to ascertain just how many extra hours are being worked in the industry.

The union also needs to challenge Network Rail to produce records of how ‘On Call’ is being monitored and what registered records are kept to ascertain the amount of hours worked ‘On Call’ also, how and what ‘On Call’ it is being used for and if it is being misused or misinterpreted by the various IFC’s prior to the transfer to Network Rail, and ascertain if there is a national position for how ‘On Call is operated?

For those ‘on call’ we therefore believe we need to cap the number of call outs in any one week to a maximum.  For example, two call outs in any five shifts.

We need to re-think what constitutes a call out? i.e.  Is it after your ordinary shift finishes, or a continuation of your shift? If on nights can you be called out through the day? If so surely our members need a proper rest period.

Conference believes that if you are ‘On Call’ the correct rest periods should be built into the roster for the following day or night and you should have the 12 hour rest before you continue your next shift. For example if called out and your call out period encroaches on the start of the next shift then the 12 hour rest period should come into force and members should not start their next shift until they have completed the 12 hour rest period.

It is ridiculous that hours worked on call outs are not counted as part of the overall hours worked. It makes a mockery of the roster principles.”

 

GGC Decision

“The GGC believes that all on call should be subject to agreement in respect of payments, rest periods and the total number of hours worked in line with both the Working Time Directive and the Hidden Report. We therefore instruct the General Secretary to raise the matter at the National Maintenance Council. All developments to be placed back in front of the GGC.”

                                                                                                                                                

3. EQUALITY REPS

“This conference calls on the general secretary to formulate and develop a structure and training course for the new elected equality reps who have been recently elected this should not be driven by Network rail which has been happening lately.

The union needs to hold a discussion and explain what involvement in the working party it has and what basis of it which has never been explained to the reps that came forward.”

 

GGC Decision

“Whilst we note the resolution from our National Conference of Engineering Grades, we must point out that Equality Reps also represent Operations staff, therefore it is not germane to the Engineering Grades Conference only, in accordance with Rule 12 Clause 3.”

 

4. PROGRESS OF GRADES CONFERENCE RESOLUTIONS

“Conference is alarmed at the length of time it takes to address resolutions debated and agreed at conferences.

Each year delegates send two (2) resolutions to the governing body of our union which some come policy of our union. Conference demands that the executive take the business of the engineering conference more seriously and ask for a more robust reporting back system are adopted by the general grades committee and officers who have responsibilities to our conference.”

 

GGC Decision

“That we note the resolution from our National Conference of Engineering Grades and the sentiments within it. In noting the resolution the GGC wishes to point out that all resolutions from all Grade Conferences are treated with the best of endeavours.”

 

5. PAY PARITY FOR P-WAY GRADES – NETWORK RAIL

“An unfair situation exists within the Network Rail maintenance organisation. Under former Jarvis T/Cs, the track (P Way) staff grades were Track Charge man, Leading Track man and Track man. Within those grades there are a further three tiers of grades Basic, Cat 1 and Cat 2. These all have three different rates of pay. Then just prior to Phase 2b/c all grades nationally were changed to Team Leader, Technician and operative and those grades had competencies associated with them (competency matrix).

This branch believes it is unfair that staff within the same grade can be expected to hold the same competencies and the same responsibilities on the same Terms & Conditions but on different rates of pay. This branch requests that this Union approaches Network Rail in regard to getting one rate of pay for the current grades and it too based on the former Cat 2 rate of pay. The higher rate of pay out of the three.”

 

GGC Decision

“We instruct the General Secretary to raise this issue with Network Rail with a view to achieving one rate of pay for our former Jarvis members.”

 

6 .CHANGES TO PAYROLL PROCESSING – NETWORK RAIL 

“Not knowing what all the new pay codes are is causing confusion as well as the issue of when overtime payments are made.

North Wales Coast branch resolution requires Network rail supply the full list of codes used on payslips, pay and deductions to enable members to have a clearer understanding of the new payslips and less need to query their pay.

We therefore request the General Grades Committee to raise this matter with network rail.”

 

GGC Decision

“We instruct the General Secretary to take this matter up with Network Rail in line with the conference decision.”

 

7. CROSS-DISCIPLINE WORKING AND MULTI-SKILLING

“That this Branch is greatly concerned at repeated attempts by Network Rail to force through the “back door” cross-discipline and multi-skilled working for our infrastructure grades members.

Further, this Branch notes that apart from where it currently existed (e.g. S&T Point Care Teams) the practice of cross-discipline working and multi-skilling was withdrawn from the Phase 2B/C document during consultation.

Accordingly, Doncaster Branch calls upon our 2014 Engineering Grades Conference to support the sentiments  in this resolution and request  that our General Grades Committee instruct the General Secretary to inform Network Rail that this union will resist all attempts to bring in cross-discipline or multi-skilled working for our Network Rail infrastructure members.

Doncaster Branch further calls upon our 2014 Engineering Grades Conference to send this resolution to our 2014 Annual General Meeting.”

 

GGC Decision

“That we note that this resolution was submitted to the 2014 Annual General Meeting.”

 

8. USE OF SUB-CONTRACTORS – ZERO-HOURS CONTRACTORS

“That this Branch is greatly concerned at the rising use of labour only sub-contractors, in particular the use of zero-hours contractors within the railway infrastructure industry.

Doncaster Branch calls upon the support of our 2014 Engineering Grades Conference to adopt the following:

That this 2014 Engineering Grades Conference requests the General Grades Committee  instruct the General Secretary to write a personal letter to all of our Area/Company Council Representatives and our Full-Time Co-ordinators (where appropriate) within the infrastructure maintenance companies, to insist that they ensure that the use of labour only sub-contractors, in particular zero-hours contractors is placed as a standing agenda item at future area/company council meetings, until further advised.

Further, we call upon the General Grades Committee to instruct the General Secretary to request quarterly reports from all infrastructure maintenance area/company councils in order that this union can see the full extent of the problem.”

 

GGC Decision

“We instruct the General Secretary to take this matter up in line with the conference decision.”

 

9. NO COMPULSORY REDUNDANCY AGREEMENT – NETWORK RAIL

“This branch calls upon the general grades committee in conjunction with the general secretary to put measurers in place to address the continued threat to the members covered by this conference by Network rail under the no compulsory agreement.

In Scotland we have seen the vacancy gap reach over 11% and since 2005 manpower has dropped 25% in the route.

Network rail in Scotland could not have a compulsory redundant situation as we are vastly under staffed.

This branch further believes Network rail are using it as a ploy to create uncertainty which establishes an unhealthy environment and will certainly be used as a bargaining point to bring in other changes to terms and conditions.

The measurers to be put in place should form the same length as the financial control period along with an immediate approach needs to be made to NWR much earlier than the previous 2 years. These measures are to be highlighted within the grades represented at conference.”

 

GGC Decision

“It should be noted that it is already union policy to oppose any compulsory redundancies irrespective of company. However we note the aims of the resolutions is to seek long term stability within Network Rail. We therefore instruct the General Secretary to pursue this matter with Network Rail.”

 

EMERGENCY RESOLUTION 2. STAFFING LEVELS, S&T TEAMS – NETWORK RAIL MAINTENANCE

“Conference Perth No 1 branch members in the S&T department are disgusted at the way that the management are reducing maintenance and faulting teams down to two man teams. Although we have a “no redundancy agreement” with Network Rail the reality is that they are operating a stealth exercise of not filling vacancies and reducing the work force down to unsafe working team levels.

As maintenance and faulting department we are told that everything is risk assessed by the local manager, how can a manager risk assess anything from his bed when a team is out on a night shift no one knows what will come along so they cannot possible assess any job.

Phase 2b/c was agreed by this union and included three man S&T teams we ask that the G.G.C. go back to Network Rail and insists that they stick with the agreements made. As management said at the time it was a “robustly tested template organisation” we are now finding that they are trying to make job cuts by not staying with the spirit of the agreement, they are being devious and under handed in reducing staffing levels if a man retires, leaves, or transfers, they leave jobs vacant.

No doubt the financial cut backs in the budget are having an effect within the industry but this branch does not see why our members should be the ones to suffer due to cut backs, it is not safe to operate with two man teams. The management are covering up the facts by using their on-call managers to make up numbers and attend faults on their own .Which is another example of unsafe working.

We ask that this matter is taken up by our national leaders as soon as possible.”

 

GGC Decision

“That we note this resolution was submitted to the 2014 Annual General Meeting.”

 

EMERGENCY RESOLUTION 3. REORGANISATION OF ENGINEERING GRADES – FIRST CAPITAL CONNECT

“Great Northern Rail Branch calls upon the RMT General Grades Committee to initiate an immediate ballot for industrial Action, noting the recent announcement made by Northern Rail in respect of the ‘cascade’ of three 319 units that are currently maintained at Bedford Cauldwell Depot within the First Capital Connect franchise.

In addition to this the Department for Transport are complicit in this whole debacle, particularly noting their involvement in the re-franchising exercise currently being undertaken for the ‘new’ Thameslink Train Operating Company.

Our Engineering members employed at Bedford Cauldwell Depot were not made aware of these proposals by First Capital Connect, and only learned of these proposals through the recent Northern Rail/DFT press releases, as well as through Rail news.

Great Northern Rail branch fully supports the recent announcement by RMT, ASLEF and TSSA where they are seeking a Judicial Review into the re-franchising of Inter City East Coast and Thames link franchises, this following the recent debacle concerning the West Coast franchise, which was eventually scrapped.

We strongly condemn the Department for Transport for withholding any information that affects our First Capital Connect Engineering members, which ultimately will extend to our members employed at their Hornsey Depot, on the existing Great Northern route.

The ‘cascade’ of the three 319’s is being undertaken within the existing ‘extended’ franchise period, with no consultations/negotiations being entered into with our First Capital Connect Engineering representatives whatsoever.

The stress being placed upon our Engineering members and their families during this period of uncertainty concerning their futures is immeasurable, and recognising these facts. 

Great Northern Rail branch call upon delegates to the 2014 RMT National Conference of Engineering Grades to support this Emergency Resolution unanimously.”

 

GGC Decision

“We note that this matter has been considered by the GGC under Decision GWW, 15th May 2014. We therefore instruct the General Secretary to merge the files.”

 

I would be grateful if you could bring the contents of this circular to the attention of your members.

 

 

Yours sincerely

Mick Cash

General Secretary

Posted on

LUL ALL Night Running

All night running will have a massive affect on our area, how the work is done and when people work. The issue affects not only LUL but also Tube Lines and all our members delivering renewals and improvements to the Tube Network. Management will no doubt want to use this as an excuse to change rosters, working practices and will forget about any reward being passed on to our members

Your reps are currently in talks at company level with LUL on this matter and it’s already a major issue within Unity House. See press release below


RMT responds to Boris Johnson’s night tube plans.


Mick Cash, RMT General Secretary, said

“Whilst RMT is not against night running of the tube in principle, provided all staff involved are properly rewarded and that safety and security is thoroughly worked out and agreed, the truth is that the Mayor threw this plan in as a diversion from his massive cuts and closures programme that will axe a thousand staff and decimate services and safety.

Instead, this proposal is now being bulldozed through without any proper risk assessment or agreement on core issues. To make this plan work we need more tube staff not less if we are not going to be risking disaster at three o’clock in the morning when the West End is flooded with thousands of people fresh out of the pubs and clubs.

RMT does not believe it is an accident that this announcement comes on the day that thousands of our members begin an overtime ban on the tube over the attack on jobs, pay and safety.

As it stands at the moment the night tube plans are not properly thought through, are being used to divert attention from the massive cuts programme and are a disaster waiting to happen.”

Posted on

RMT Political School

Attend the next Branch Meeting if you wish to attend

 

_______

 

NOMINATIONS FOR RMT POLITICAL SCHOOL,

SUNDAY 8th MARCH – FRIDAY 13th MARCH 2015

 

With the assistance of guest speakers and our parliamentary group the purpose of the school is for participants to be equipped with a sound understanding of the political role of trade unions, the RMT’s political activity, our international work and how Branches and Regions can effectively support RMT national campaigns and develop local campaigning initiatives.

 

The first school in 2015 will take place from Sunday 8th March to Friday 13th March 2015 at the National Education Centre at Doncaster and at Westminster.  Participants will be expected to arrive in Doncaster by the early evening of Sunday 8th March to meet fellow students at an evening buffet and to ensure a prompt start on the Monday. 

 

Branches are invited to nominate one representative but in doing so please ensure that your nominee will definitely be able to attend the school. In the event of applications exceeding places available the Council of Executives will determine the successful applicants.

 

Branches are actively encouraged to nominate for the school including applications from women members. All applications from Branches will be placed before the C of E for consideration.

 

Please complete the attached form to nominate a representative and return to Head Office no later than Friday 28th November 2014.

 

Yours sincerely

 

 

 

Mick Cash

Acting General Secretary

 

Posted on

LUL Every Job Matters: Station Grades

2014                                                                   Circular No IR/247/14

 

Dear Colleagues

 

Every Job Matters – Defending Jobs on London Underground

 

Further to my previous circular on the above matter dated 4th September 2014 (IR/226/14), London Underground has advised me that following their ‘Fit for the Future’ consultation they are prepared to amend some of their proposals. However, these amendments only represent window dressing meant to appease the union’s negotiating team. It remains the case that management are hell-bent on carrying out a programme of major job cuts, hitting thousands of RMT members with the prospect of downgrading with a resulting loss of salary and closing every ticket office by the end of 2015.

 

The company’s proposal on displacement is too vague and does not take into account members’ location needs. The salary guarantee needs to be much stronger, as LUL initially promised that all staff would unconditionally have their salaries protected if they were affected. Even though the company had promised that no one would have to reapply for their own job, members are still being strong-armed into attending development centres. 

 

As you will know, as part of the campaign to resist LUL’s plans, an overtime ban along with other forms of industrial action was scheduled to take place earlier this month. However, with the company threatening to use the anti-union laws and to allow for further discussions with your representatives, this action was suspended.

 

Since then, we have read of the resignation of LUL’s chief operating officer Phil Hufton, who was the architect of the Fit for the Future project, leaving this in disarray. But this does not mean that the fight against the company has ended. Far from it, as management remain intent on cutting jobs and closing ticket offices. With this in mind, therefore, the General Grades Committee has considered the matter further and decided to reinstate the overtime ban, the details of which are:

 

  • With effect from 00.01 hours on Wednesday 24th September 2014, until further notice, Station Grades Members, Revenue Protection and Duty Station Manager Grades Members are instructed not to work any overtime.

 

I urge you to stand together and continue the magnificent support you have shown for your union in the campaign to stop LUL from carrying out its plans, which will have a disastrous effect on not only you and your colleagues but on the travelling public also.

 

I will, of course, keep you fully advised on any further developments.

 

Yours sincerely

Mick Cash

Acting General Secretary

Posted on

Mick Cash is new General Secretary

Mick Cash has won a stunning victory to become the new General Secretary of the RMT

 

Mick Cash 8938

Alan Pottage 4006

Steve Hedley 1885

John Leach 1428

Alex Gordon 1176

 

Our branch congratulates all the candidates on a fine campaign that was conducted in the spirit of remembrance of Bob Crow and the reality that this was an election that everyone would rather have never happened.

Posted on

Ex-Metronet Breakdown in Industrial Relations UPDATE

Following discussions at Acas, the following agreement was reached

 

Dear Brian,

 

Former Metronet Grades Dispute

 

I am writing further to our recent productive ACAS discussions regarding the above mentioned issue. At the conclusion of the meeting at ACAS on 4 September 2014 the management team undertook to set out in writing the proposals for the resolution of the dispute.

 

As you will recall, eight issues were initially raised in the RMT’s letter of 14 November 2013, and so I will deal with the issues in the order that they appear in that letter.

 

 

Representation at fact findings:

It is agreed that that staff engaged in those operational activities formerly undertaken by Metronet will continue to retain the right to be accompanied by a trade union representative or workplace colleague at fact find interviews (including disciplinary, harassment and bullying and grievance interviews), subject to any subsequent implementation of discipline, harassment and bullying or grievance policies agreed with the RMT.

 

 

Night Worker Issues:

Based on trade union feedback, management has already taken steps to introduce night appointments for age medicals and intends to roll out further general night clinics. Management will not (other than where it is necessary to avoid an operational emergency), place individuals on courses on a Monday (for Monday to Friday Staff). The only exception shall be courses of greater than four days duration. For clarity, in order to comply with rest requirements, night staff attending meetings or appointments on days will be entitled to be released for the shift prior to and following the meeting or appointment, but will be required to work the relevant day shift, subject to the work allocated complying with their terms and conditions of employment.

 

 

Functional and Tier 2 Issues:

Management agrees to hold meetings with the relevant Functional and Tier 2 representatives to identify any outstanding issues and agree timescales for their resolution. This meeting shall also consider lessons learned in order to avoid such situations arising in the future. These meetings shall look to agree timescales for resolution of all outstanding issues within six weeks.

 

 

Train-borne Signalling:

Management and RMT agree that further ACAS led discussions are required in relation to this issue, which shall encompass the, Victoria and Sub Surface Lines. In relation to the Central Line ATC group, management will provide a separate response within one week setting out its position.

 

 

TG Graded staff:

Management agrees to the RMT request for a workshop in relation to this issue. This workshop shall take place within the next six weeks.

 

 

On-Call Roster Payments:

Management and RMT shall agree the group of employees to whom this issue applies . Once the appropriate group has been identified, a one off payment shall be agreed in relation to those employees to reflect any historic underpayment. Only those employees who have been on the on call roster for a period in excess of one year shall be eligible and the payment will reflect the period of time which the individual was in receipt of the allowance. The current allowance figure will be recalculated in accordance with clause 4 of the policy, which will be applied consistently going forward.

 

 

Patterning/Capability Management:

Management acknowledged the RMT’s concerns regarding the application of the process and will apply further rigour prior to holding any meeting with a member of staff. This will be achieved by the Head of AP or equivalent signing off the use of ‘rainbow patterning’ to a set of consistent guidelines which will be produced within the next four weeks.

 

 

Removal of individual PMA:

This issue is resolved.

 

 

In addition to the eight issues originally identified by RMT in November 2013, two further issues were raised during the course of the discussions at ACAS.

 

Incident Management:

It is agreed that a director led joint review of the organisation will be undertaken within six weeks.

 

 

Use of Contractors on Victoria Line

It is our intention for this work to be carried out in-house, but this is subject to staff being adequately trained through the IRSE. The team in question will shortly be internally verified to signals support tech status. Management confirmed that six opportunities existed in LU. It is proposed that this situation be resolved within 12 weeks.

 

For the avoidance of doubt, the proposals set out in this letter apply only to staff in those operational areas of the London Underground business formerly part of the Metronet business. Accordingly, none of these proposals shall be applied or form a precedent in other areas of the business.

 

 

Posted on

Power Control

BREAKDOWN IN INDUSTRIAL RELATIONS – POWER CONTROL ROOM OPERATORS – LONDON UNDERGROUND (LUL/14/2)

 

Following consideration of the proposal received from the Company during talks at ACAS to resolve this dispute, the Lead Officer has met with the negotiating team and has reported that this matter is now largely resolved. A lump sum payment has been made to members and talks aimed a joint development of a Professional Power Control Room Agreement are due to commence shortly.

 

The RMT Reps continue to closely monitor the situation and will report any further developments

PCRO Page 1

 

PCRO page 2

 

Posted on

Legal Timetable Update

LA/42/14

 

15th September 2014

 

TO ALL BRANCHES, REGIONAL COUNCILS & REGIONAL OFFICES

 

UPDATE: TIMETABLE LEGAL EVENTS

 

Dear Colleague,

 

Please note forthcoming UK and EU developments

1st October 2014

  • Increase in national minimum wage to £6.50 (adults).
  • Right for employees and qualifying agency workers to take unpaid time off work to attend up to 2 ante-natal appointments with a pregnant woman with whom they have a “qualifying relationship”. The right is available to the pregnant woman’s husband, civil partner or partner (including same –sex partners); the father or parent of the pregnant women’s child, and intended parents in a surrogacy situation who meet specified conditions. ( The Children and Families Act 2014)

2014/15

  • The Deregulation Bill is due to commence Committee Stage in the House of Lords on 21stOctober 2014; the bill will, among other things, repeal employment tribunals power to make wider recommendations in discrimination cases.
  • The Government will consult on making “caste” a protected characteristic of race as required by s97 of the Enterprise and Regulatory Reform Act 2013. Recent indications indicate that consultations would take place in the autumn of 2014.

5th APRIL 2015

  • New right to shared parental leave and pay. Under the new scheme, women will continue to be eligible for statutory maternity leave and statutory maternity pay (or maternity allowance) in the same way as previously. However if a mother chooses to bring her leave and pay to an early end , eligible working parents will be able to shear the balance ,up to a total of 50 weeks of leave and 37 weeks of pay. Eligible adopters will also be able to use the new system for shared leave and pay.
  • The Act also introduces changes to existing adoption leave and pay regime; extending it to include prospective fostering parents for adoption scheme and intended surrogate parents. In addition adoption leave and pay will be adapted to reflect entitlements that already exist for birth parents. There will not be any qualifying period for entitlement to leave and statutory adoption pay will be raised to 90% of salary for the first 6 weeks.

2015/or later

  • Introduction of tax-free childcare for working families. The Government intends to provide 20% of working families’ childcare costs up to a limit of £1200 per annum per child.
  • The Government have not yet responded to the remaining elements of its May 2011 Modern Workplace consultations on changing the Working Time Regs 1998. It is anticipated that any changes will reflect the European case law that has established that workers who are unable to take their annual leave because they are sick, maternity or parental leave in the current leave year must be able to carry it forward to the next year.
  • Repeal of the socio-economic duty in s1 of the Equality Act 2010 which will if brought into force oblige public bodies to have regard to the desirability of exercising their functions so as to reduce the inequalities of outcome which result from socio economic disadvantage.

 

I would be grateful if you could bring the contents of this Circular to the attention of your Branch members.

 

Yours sincerely

 

Mick Cash

Acting General Secretary

 

 

 

Posted on

Working Time Directive

Please see above and below
Circular No NP/ 149 /14

To All Branches, Regional Offices & Regional Councils

Our Ref: LA/42/14

2nd September 2014

Dear Colleagues,

Legal Update:  Holiday Pay.

Further to Circular NP/099/14 of the 29th May 2014 where I reported the case of Lock v British Gas. Many members have been asking questions about holiday pay, who is entitled to it and what we should be doing in light of the European case law.
 
Entitlement to statutory holidays under the Working Time Regulations 1998 applies to workers which includes those who personally provide services under a contract such as casual and freelance workers as well as zero hours workers.  Some sectors are excluded from the Working Time Regulations 1998 but have similar although not always identical provisions in separate regulations these include for example seafarers as defined, sea fishermen, workers engaged in the navigation of vessels in inland waterways and aircraft crew.
 
The Working Time Directive (WTD) provides that all workers are entitled to a minimum of 4 weeks paid holiday per year.  The WTD does not set out how holiday pay should be calculated.
 
The Working Time Regulations (WTR) 1998, which are meant to implement the Working Time Directive goes further by providing that workers are entitled to 5.6 week’s paid holiday – subject to a maximum of 28 days.  Therefore statutory holiday is made up of two entitlements; 4 weeks statutory holiday or 20 days if working a 5 day week; and additional statutory holiday which is 1.6 weeks leave, or 8 days if working a 5 day week.
 
A contract of employment can provide that a worker is entitled to more leave than the statutory leave.  This briefing does not cover how contractual holiday pay is calculated.  It only covers the statutory 4 weeks holiday
 
How statutory holiday pay should be calculated is set out in the Employment Rights Act 1996.  These provisions are complicated but broadly speaking how much statutory holiday pay a worker receives depends on whether the worker works normal working hours or has no normal working hours.  Normal working hours is where the contract fixes the working hours.  Overtime hours are not “normal working hours” unless obligatory on both sides, which means contractually guaranteed by the employer and compulsory for the employee For example, where a clause in the contract states “Your normal working hours are 37 per week”, statutory holiday pay is calculated on the basis of the normal 37 hour working week, so if overtime is worked this is not included in the calculation of statutory holiday pay, unless the overtime is obligatory on both sides.
 
If no normal hours are worked and none are set out in the contract, for example where the contract provides “Your working hours will vary according to the work that needs to be done” the rate of holiday pay will be calculated by reference to average pay over the previous 12 weeks for all sums earned.
 
There is a body of European case law which states that workers should be paid their normal remuneration when on their statutory 4 weeks leave under the WTR.  In the case of British Airways v Williams the European Court held that holiday pay should include: 
 
(i)            payments which are intrinsically linked to the performance of the tasks which the worker is required to carry out under her/his contract of employment;

(ii)          those elements of pay which relate to the personal and professional status of the worker; and

(iii)         the rate to be applied must be based on an average calculated over a representative reference period.

 
Applying those principles the European Court in the case of Lock v British Gas Trading Ltd held that a worker whose pay was made up of about 60% commission was entitled to include commission in the calculation of his holiday pay.
 
As a result of these European cases there have been a number of Employment Tribunal claims which have been brought claiming that overtime and shift premiums should be included in the calculation of the statutory 4 weeks holiday pay.  These cases are currently stayed (i.e. put on hold) pending the decision of the Employment Appeal Tribunal in the cases of Hertel (UK) Ltd v Wood & ors and Amec Group Ltd v Law & ors .
 
What does this mean for members now?
The law in Britain is not yet decided, we can rely on the European case law to argue that the payments (e.g.  Overtime, incentive bonus payments; shift premiums; standby/emergency call out payments; certain allowances; commissions) are intrinsically linked to the tasks our members are required to do under his/her contract of employment and so should be included in the calculation of the statutory 4 weeks holiday pay, but until our courts have decided the position it is too early to give a definitive advice and we should be cautious in our approach.

 

However we are not content not to do anything; so we have begun the process of writing to all our employers through the normal bargaining procedures to open up discussions with them to seek a collective resolution to the issues raised by the European Courts to secure better pay and conditions for our members. 

 
In the meantime if an individual member considers they have a pressing problem with their holiday pay they can contact their Regional Officer who will update them on negotiations and if necessary obtain legal advice. Remember time limits may apply to holiday pay claims and early conciliation also applies to holiday pay claims. ACAS must be contacted and the early conciliation certificate issued before any Employment Tribunal claim can be lodged.
 
We will keep you updated on both the legal implications and our approaches to the employers.
 
Yours sincerely,



Mick Cash

Acting General Secretary

 

Posted on

LUL Trainers

The RMT was disappointed that despite raising the issue regarding the LUL Trainers reorganisation, LUL are hell bent on forcing new trainers to become support manager grades. This will not only have an impact on new starters but create a two tier work force and try to impose a ‘race to the bottom’ in terms of terms and conditions whilst at the same time ripping through existing agreements in that area. It looks like a cynical attempt to remove new starters from the protection that Q Grade staff have under the Main Framework Agree i.e. the ‘jobs for life deal’ and  can only be seen as a precursor for further attacks on our members. 

 

This issue will be discussed at the 16th September LU Engineering Branch Meeting to decide what action to take next

 

RMT – Training DirApp 9 9 14

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