Our Ref: BR2/10/2
19 April 2024
Dear RMT Member
NATIONAL MINIMUM AND LIVING WAGE – NORTHERN TRAINS
RMT York & District Branch submitted the following resolution for consideration by the union’s National Executive Committee (NEC):
“It is the understanding of the Branch that In April 2016 the UK Government introduced a higher minimum wage rate for all staff over the age of 25, inspired by the Living Wage Campaign, even calling it the ‘National Living Wage’.
Since the introduction of the National Living Wage the age limit has been lowered to 23 and in November 2023 the Government announced that the National Living Wage as from 1st April 2024 would be lowered again to 21.
However, the Branch notes with concern that not all employers or organisations are aware and therefore are not implementing these changes in line with legislation.
The Branch raised with the General Secretary and the National Executive Committee in a previous resolution the changes in the Real Living Wage uplift to £12.00 and that those employers who voluntary sign up to this agreement must implement in May 2024, however, the Branches understanding is that National Living Wage and the National Minimum Wage are a Statutory Legal Obligation and require all employers to comply as failure to comply we believe is a criminal offence.
The Branch uses our Train Presentation Operative in Northern on Days as an example as they are presently being paid at £11.09 per hour as per the pay deal reached for the Train Operating Companies in November 2023. The Branch fully understands that our negotiators have been in pay discussions with the Train Operating Companies but are yet to resolve the 2023/24 pay deal and are aware that the Real Living Wage uplift to £12.00 hour is due next month.
However, we don’t believe that our negotiators have yet raised the changes to the Minimum and Living Wage, which sees the National Living Wage rise to £11.44 for those over 21 as from 1st April 2024 and are paid in line with individuals pay periods.
The Branch believes all employers are required to implement these changes as in line with statutory legal requirement and requests the National Executive Committee obtains a legal opinion.
If the Branches understanding is correct, then we would request the National Executive Committee to instruct the General Secretary to write to all employers were we have agreements outlining the legal obligations and the need for these to be implemented.
Additionally, that we mount a campaign and pursue legal proceedings against any employer found not to be compliant were we have members.”
Your NEC has considered this resolution and expressed its thanks to the branch for highlighting this issue. It has also noted that the RMT’s Lead Officer for Northern Trains has raised this matter with the company, which has responded by stating that it is currently processing the £12ph uplift effective from 1st April 2024 for those affected.
Rest assured that your union will monitor this situation and ensure that the company follows through with its commitment to implement this uplift. Any failure to do so and we shall not hesitate to name and shame Northern Trains and to take any legal action possible against it.
I trust this keep you updated on the matter.
Yours sincerely
Michael Lynch
General Secretary