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ATW: Fair annual leave payments

29 January 2014

STOP – if you think that receiving fair pay whilst taking leave is something that should happen but doesn’t, then you need to read on! Help us to help you by completing our survey on Annual leave payments using this link:



Over the last few years certain case law like BA v Williams and Neil v Freightliner clarified the law on what pay individuals are entitled to whilst taking annual leave. Essentially they support the notion that if you receive additional payments for carrying out work that is intrinsically linked to your duties whilst in work, then you should also receive a commensurate amount whilst taking annual leave. The overriding principle of the working time directive is to ensure that people take adequate rest from work. Therefore if you don’t get compensated for duties intrinsic to your work whilst off on leave this is potentially a disincentive to take such rest from work as is required by law. As a result John Lewis paid out £40 million last year in order to rectify the short fall in payments to staff as a result of not paying them enough for holiday pay!

TSSA believes across the railway industry that this is a real issue for members and in 2013 we sought to address this through the Stations pay talks although it became clear that this issue was not isolated to just those working in Stations but impacted on other job roles within ATW. We raised it at the All grades Company council but as Neal v Freightliner was being appealed the company essentially kicked the issue into the long grass.

In 2014 we need to ensure that this issue does not go away and whilst we maybe awaiting the appeal outcome in law there is still a moral principle that needs to be addressed. We can only successfully achieve a change if we have your support and feedback to enable your reps to change the status quo.

Your feedback is needed

As always we need you to tell us what is happening on the ground so that we can review who is affected and how. Only by understanding that can we then form a strategy on how we proceed using that information. We have compiled a survey online for you to complete and we would hope that you can set aside some time to complete this in the coming days.

Before completing the survey it would be useful for you to gather the following items:

· Payslips (ideally for a minimum of the last 12 weeks)

· Roster or some record of contractual and additional working hours (again for a minimum of the last 12 weeks)

· Contract of employment

Whilst it may take a little work to complete it is vital that we get this information to consider our next steps, otherwise you could be missing out on something that you are entitled to. You can access the survey via the following link:

We will leave the survey active for some time but if you can try and complete it by noon Friday 14 February this would assist us in moving this issue forward.

Please ask encourage your colleagues within the Stations, HQ Clerical and Management grades to complete this survey whether they are union members or not as the more responses we receive the more likely we are to be able to help everyone within those grades. Of course we would encourage you to ask non-members to join so that they have a voice in consultations and negotiations going forward and they can do this on line at

Upcoming Reps elections

We will also be writing out to members within Management & HQ Clerical grades in the coming weeks to announce the opening of elections for company council positions.

After these have been concluded there will be elections run for some of the local reps, Health & Safety reps, and union learning reps across those grades and also within stations grades.

Please keep an eye out for further information. If you might be on holiday in the coming weeks but interested in stepping forward to be nominated then please email Alan Valentine

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