UNISON in EEAST is supporting a number of our members with employment tribunal claims in relation to holiday pay. This is following legal precedent around the rate of pay while on annual leave.
We also raised a grievance with the Trust in March this year and at the recent hearing the grievance was partially upheld.
The element that was upheld relates to paying the same rate of pay for the first 20 days of annual leave, (for a full time member of staff or pro rata for others), as the staff member would receive if they were at work and incurring regular incidental/late finish payments. This upheld element only applies to A&E front-line staff. We are asking the Trust to implement this now.
We are appealing all the elements of the grievance which were not upheld, including a period of backpay for UNISON members - we have asked that all regular payments intrinsically linked to employment are included, such as travel payments, on call, planned overtime and meal break payments. This applies to every member of staff in all directorates.
In the meantime we are encouraging all members (or non members that wish to join), to submit a legal claim. You can do this by filling in our simple form and we will process it for you. It's helpful to include copies of your pay slips for the past two years and a print out from GRS of your annual leave for the same period.
You can download the form here - it will take you about 10 minutes to fill in sections 1 - 10 and please post it to: UNISON Eastern Region, Church Lane House, Church Lane, Chelmsford, Essex CM1 1NH.
UNISON and Thompson’s will waver the four week membership rule and take on any new members legal cases for this issue. You can join UNISON online here: https://join.unison.org.uk
The average claim we are currently supporting is worth £6,000 per member - this includes all regular payments intrinsically linked to employment - so it is worth 10 minutes of your time to submit a claim. An increase in legal claims will also likely help the appeal outcome.
UNISON Branch Secretary