GMB Refuse Staff Demo At Reigate And Banstead Council On Friday 24th April Over Failure To Include Overtime In Holiday Pay In Line With Eat Decision
If negotiations are not successful members will want Regional Committee to give permission for a ballot for industrial action says GMB.
GMB members employed as refuse workers at Reigate and Banstead Council will hold a protest demonstration from 3.30pm on Friday 24th April outside Reigate and Banstead Town Hall, Castlefield Road, Reigate over the failure to pay the correct holiday pay to these staff.
GMB members are asking the council to honour the 'Bear Scotland' tribunal decision where the Employment Appeal Tribunal in December 2014 held that where workers are required to work overtime (but the employer was not obliged to offer it), overtime pay should form part of the worker’s normal remuneration and therefore be included in the calculation of holiday pay.
Frank Minal, GMB Regional Organiser said “Staff who work for the Reigate and Banstead refuse department submitted a collective grievance earlier this year in light of the EAT decision offering rights for average holiday pay.
In addition GMB has submitted a proposal that staff move to a 5 day working week rather than the current 4 days with one rest day and receive parity of holiday entitlement with other workers in the council. Refuse staff feel aggrieved because workers who have a four day contract are obliged to work their rest day week in week out
The council has been slow to react to requests for average holiday pay, citing that they are waiting for the national review body to suggest the amount of award that needs to be given back dated. On the issue of moving to 5 day working they are suggesting it is will cost too much.
Instead of simply kicking this legal issue into the long grass, holiday pay should already been re-calculated to include the additional hours that GMB members are working on a weekly basis in light of the EAT December 2014 decision.
I don't think that a responsible local authority like Reigate and Banstead should simply flout laws. They should initiate the holiday pay calculation with immediate effect; if they want to argue regarding the back pay that's a completely different issue which will be determined nationally.
Our members want to have a five day working week and the same holiday entitlement as other employees in the council. They are working the additional hours every week and should be rewarded accordingly. They are just seeking parity and decency from their employer. If we are unable to get a reasonable outcome in negotiations I am in no doubt that members will want me to approach the GMB Regional Committee for permission to go ahead with a ballot for industrial action to secure such an outcome.”
Contact: Frank Minal 07713 079 930 or 0208 397 8881 or Email: email@example.com or Michelle Gordon 07866369259 or GMB press office 07974 251 823 or 07921 289880