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Network Rail Holiday Pay Shambles

21 December 2017

Holiday Pay

Network Rail has now withdrawn its proposals to improve holiday pay to reflect additional earnings such as overtime, on-call and other enhancements.

The reason they have given is that it is too technically difficult to work out through payroll.

However, due to changes in the law, they must now pay 100% of actual earnings for a minimum of 20 days per year (as opposed to ALA/ALP which is 40% of the difference between actual and basic).

The Company has therefore proposed paying the additional money as an annual lump sum based on the previous year’s earnings.

On 21st November, NR made a proposal which would see ALA/ALP replaced by an entirely new system reflecting the legal judgment. They asked your Reps to enter into working parties to go through the detail before reporting back to a joint meeting of the National Ops and Maintenance Councils.

TSSA agreed to this proposal and a total of 4 meetings were held to go through worked examples and establishing that no member would lose out and most would gain.

However, at the joint Ops and Maintenance Councils meeting on Tuesday 19th December, management seemed to go into meltdown. They began to argue amongst themselves in front of us and then adjourned to reconsider their position. They returned to say that they couldn’t implement the system they had proposed in the first place!

The whole situation is totally shambolic and NR senior management dealing with the issue appear totally unprofessional and clueless as to what they are doing.

TSSA is seeking legal advice before responding to the “new” proposal. We will also consult more widely amongst Reps and members in the new year.

Underpayments of ALA/ALP

The previous circular on holiday pay alerted you to the underpayment of existing holiday entitlement to over 2000 staff across Ops and Maintenance Bands 5-8.

NR have agreed to repay the affected individuals for the past 2 years underpayments.

But, under questioning from TSSA Reps, NR admitted that the underpayments may go back much further than this. We asked them to identify the total loss to each person and pay this back.

NR have refused to repay any monies owed prior to 2 years ago. They say that this is all they can be forced to pay in Tribunal so despite it being their mistake, they will not pay you what you are owed!

TSSA has expressed our deep anger and disappointment at this position. We advise all members who have received notice that you have been underpaid (this can be found with your December payslip) to please contact us immediately as you may be able to bring a Breach of Contract claim to County Court to reclaim up to 6 years of underpayments.

SE Allowances

Network Rail are seeking to recoup 100% of any overpayment made to staff of SE Allowances. So, they are only prepared to repay up to 2 years if they have underpaid you, but if you owe them money, they want it all back. The hypocrisy knows no bounds.

However, following representations from TSSA, we are now in negotiations around SE Allowances and London Allowance, which may move things forward. Watch this space.

Joining TSSA

The issues discussed here just highlight how important it is to be a member of TSSA. Please encourage your non-Union colleagues to treat themselves to a TSSA membership this Christmas. It could be the most valuable thing they get.

And last but not least…

Merry Christmas and a Happy New Year to all TSSA members!

If you are working over the holiday period, we hope that the work goes smoothly and, above all, please stay safe.

 

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