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East Midlands Trains: Have you been under or over-paid?

29 August 2017

East Midlands Trains have identified certain groups of staff which they believe have either been under or over paid. The staff affected are former MML station staff, former Central Trains Supervisors, Stations and Artisan staff. The reasons the Company have given for these errors is linked to a re-structuring package (pay and allowances) for those roles and the actual responsibilities/duties of those roles.

 East Midlands Trains have agreed that they will NOT seek monies back from those staff who have been overpaid, but, they have said those staff will have their pay frozen until other staff in that grade “catch up”.

For those who have been under paid, East Midlands Trains have offered to pay two-years back pay and alter salaries accordingly. Whilst TSSA welcomes the fact EMT are agreeing to pay monies owed, we do not agree to it being capped at two-years. In legal terms, two-years back pay applies to “Unlawful Deduction of Wages” claims, and we believe that EMT should pay six-years back pay as our legal advice is that there has been a “Breach of Contract” which pays up to six-years back pay.

Whilst RMT have agreed to hold a collective grievance to sort out this issue for their members, TSSA’s legal advice is that our members must raise individual grievances as each member’s situation will be different and will have different monies owed. We cannot tolerate and accept a situation whereby one manager (a hearing manager) should be allowed to interpret a collectively negotiated pay agreement/re-structuring package for everyone concerned.

East Midlands Trains have now agreed to meet with us on 11th October to begin discussions on the reasons the Company believes there has been the over/under payments. An analysis will also need to be carried out on the actual responsibilities and duties of each of the affected roles which will then determine what salaries and allowances should be paid going forwards.

This is not going to be an easy or quick process and I ask that members bear this in mind and allow us the time it takes to sort through this. I shall keep you updated regularly. In the meantime, I would encourage all affected members to raise an individual grievance.

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