Our Ref: BR2/9/8
15 July 2019
CALCULATION OF HOLIDAY PAY, CLEANERS – CROSS COUNTRY TRAINS
Towards the end of 2018, your union opened negotiations with Cross Country Trains in order to revise the way in which the company dealt with holiday pay for Cleaning Grade members. The negotiations were aimed at reaching a resolution to all matters relating to holiday pay, including calculation, entitlement and all issues relating to back pay for the members concerned.
I am pleased to say that, after a series of discussions a set of proposals was put forward by the company on how the back pay will be calculated and paid, how this matter will now be dealt with and finally on how the matter will be taken forward beyond this year.
On the issue of back pay, the company proposed that you and your colleagues should receive a backdated payment for 2018 annual leave on the following basis:
1. The length of the average shift worked for each Cleaner during 2018 will be calculated and the difference between this and the standard shift length (7.5 hours) will be the ‘additional average hours’. This shall then be multiplied by the hourly rate of pay to give the ‘additional average annual leave pay’.
2. Based on 1 above, the following payment will be made (a+b+c)
a) 20 x additional average annual leave pay less the value of the payment made in December 2018 under the 2016 Annual Average Earnings Holiday Pay Agreement
b) 8 x additional average annual leave pay
c) 7 days leave @ contracted daily shift (7.5 hours)
As the proposal states, each individual will be provided with a breakdown explaining how their own figures have been calculated. If an individual feels they have not been paid correctly, then they have the right to appeal this through their own manager or through the individual grievance procedure.
This agreement covers cleaners at: Bristol, Newport, Nottingham*, Reading, Plymouth, Newcastle, Manchester, Edinburgh, Bournemouth, Birmingham. (* There is one cleaner based at Nottingham within the local team and three cleaners at Stansted who were formerly employed by British Rail and then Central Trains. These four employees are not included within the scope of this agreement)
It had emerged during the discussions that the 2016 Holiday Pay Agreement is not fit for purpose due to the terms and conditions covered by you and your colleagues. Additionally, the company were not considering making the back payments prior to the beginning of 2018. However the legal advice received by your union did not however support any further claim. But the company is committed to enter negotiations into revising the Terms and Conditions of you and your colleagues to ensure that roster arrangements are brought into line with other grades and make the holiday pay agreement fit for purpose for the future.
Your National Executive Committee has noted these developments and proposals and endorsed the recommendations of your negotiators to accept them. I will of course keep you advised when any significant progress is made with regards to the discussions on revising the terms and conditions for our Cleaning Grades members at Cross Country Trains.
While it is disappointing that the back payments only cover as far back as the beginning of 2018, I am sure you will agree that progress has nevertheless been made on this matter and that you now have a clear understanding of how your annual leave payments will now be made.