Hi, has anyone recently left Network Rail who was working throughout 2022, been told they will not receive back pay following the pay award. I have received an email stating they have reached a decision not to pay leavers the uplift. I can't believe that is legal its certainly morally bankrupt ?
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Network rail pay award 2022 leavers
- Thread starter Malc77
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RailUK Forums
I agree legally I'm probably stumped.
Certainly when it's happened at our places previously it's been specifically in writing that back pay only applies to those in grade, or those in employment with the company in another grade who changed jobs between specified dates. I don't think it's particularly unusual and they certainly don't tend to chase people who have left them around offering them money.
I suspect no firm in any sector would make contact to offer additional pay for work already paid. However, some most certainly do have a policy that if someone in such a position does write to them asking for it, it will be paid, as long as their identity can still be verified.
Very difficult to claim based on a pay rate uplift which wasn't agreed during the currency of your contact. Equally very dishonorable conduct to refuse such a request.
While there may be nothing laid down in law to say an employer has to pay a leaver back pay for a delayed pay award, I think if they have previously done so and there is a precedent for it, then we would have a strong case to claim it. However, if NR are digging their heels in, it might be a bit a fight (i.e. might need to involve an employment tribunal).
It's hard to imagine this situation hasn't arisen in the past. Does anyone know what has happened with leavers in previous years, where a pay award was only agreed after someone's leave date?
I'm happy to join forces with anyone who wishes to pursue this further. PM me.
It's hard to imagine this situation hasn't arisen in the past. Does anyone know what has happened with leavers in previous years, where a pay award was only agreed after someone's leave date?
I'm happy to join forces with anyone who wishes to pursue this further. PM me.
bellringer
Member
- Joined
- 16 Aug 2013
- Messages
- 19
Did the communication mention HPS and Bonus payments?
NR's own FAQs specifically mentions leavers, and yet it appears they have changed their minds since writing it.
networkrail-ss-helpdesk.custhelp.com
"All leavers arrears will be calculated after active employees have been reviewed and processed in full. This means if you are entitled to a payment, this will take place later in the year."
I have a query regarding the Pay Award Agreement for 2022/2023
networkrail-ss-helpdesk.custhelp.com
"All leavers arrears will be calculated after active employees have been reviewed and processed in full. This means if you are entitled to a payment, this will take place later in the year."
I have just received my HPS letter so that will hopefully be paid in September. I heard nothing on the bonus payments and am currently seeking legal advice for the backdated pay award.
bill55bill
Member
That's disgusting.
I was paid £600 by my former employer, once the pay award had been agreed, for backdated pay increase, after I had left. (local government)
Doesn't surprise me though, having worked 10 months on the railway I now realise what an utter s***show the whole industry is.
What's happened for you to make the last comment
Sadly many people believe the NR platitude of "Striving to be a world class company" along with "Everyone home safe everyday" really what they mean is "Have you ticked your boxes today"!
When in reality they don't actually care, the railway runs on mass overtime, understaffing and good will, the sticky plaster approach is no good for a live infrastructure, at NR we have many many people in roles they shouldn't be for several reasons, the nepotism is rife as is the masonic connections, managers on mass amounts of salary who simply hide behind computers, wastage at managerial level is out of control yet they cull the ground staff.
Horsemaddad
Member
I'm in exactly the same position. Retired from NR service on 31st Dec 2022 expecting my back pay arrears to be paid once a settlement had been reached. I contacted Payroll in the Spring, but only got a series of vague replies that didn't really tell me anything. More recently, I have been referred to NR Rewards and Benefits and yesterday I received a reply which I quote below:
''Thank you for your email dated 28th July 2023 regarding the delayed pay award. The industrial action that occurred during the last year was very damaging for the rail industry and in particular Network Rail at a time when passenger numbers hadn't sufficiently recovered since covid.
We have therefore made the decision that as you had left Network Rail prior to the pay award being agreed, you will not be entitled to arrears of pay.
Whilst I understand this decision will be disappointing to you, I hope you understand the decision made as we try to build back the rail industry''
Now of course, if agreement had been reached during 2022, I'd have been paid my arrears without question. The fact that the settlement was delayed until 20th March 2023 is no fault of mine, yet NR apparently now expect me to forego a whole year's back pay for time that I have already worked - for the benefit of their finances!
I cannot see how they can take such an obtuse stance on something that we are certainly morally, if not legally, entitled to!
I'm aware that someone at my former workplace (Darlington) is taking legal action. I've now contacted my former Union, but I'd be very interested to know how others are progressing this issue.
''Thank you for your email dated 28th July 2023 regarding the delayed pay award. The industrial action that occurred during the last year was very damaging for the rail industry and in particular Network Rail at a time when passenger numbers hadn't sufficiently recovered since covid.
We have therefore made the decision that as you had left Network Rail prior to the pay award being agreed, you will not be entitled to arrears of pay.
Whilst I understand this decision will be disappointing to you, I hope you understand the decision made as we try to build back the rail industry''
Now of course, if agreement had been reached during 2022, I'd have been paid my arrears without question. The fact that the settlement was delayed until 20th March 2023 is no fault of mine, yet NR apparently now expect me to forego a whole year's back pay for time that I have already worked - for the benefit of their finances!
I cannot see how they can take such an obtuse stance on something that we are certainly morally, if not legally, entitled to!
I'm aware that someone at my former workplace (Darlington) is taking legal action. I've now contacted my former Union, but I'd be very interested to know how others are progressing this issue.
bengley
Established Member
- Joined
- 18 May 2008
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- 1,845
Sounds like collective legal action would be a good idea in this situation. Absolutely disgraceful behaviour by the company. You are entitled to that money.
bellringer
Member
- Joined
- 16 Aug 2013
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- 19
It's like NWR don't understand the definition of "backdated". The agreed pay rise now applies from Jan 2022 i.e 5% from January then an additional 4% from Oct 2022.
If you retired during 2022 and had a Final Salary Pension (based on the previous 12 months average) will they deprive you of any increase also?
Did those who took industrial action and are currently with the company get their pay rise?
The pay rise award was for year 2022 and you were employed during 2022. NWR are assuming you don't have any leverage over them because you are no longer an employee.
What does it matter when it was agreed. What matters is it was backdated from Jan 2022 and you were employed then.
How a company treats its essential workers after they leave!
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Horsemaddad
Member
Hi Wayno79, I've just been informed that I won't receive any back pay for 2022 despite having worked all year until retiring on 31st Dec 2022. Have you made any progress with yours as I'm not taking this lying down!
I’m in the same boat, having left in February this year. Ironically and on a whim I raised this with a popular Barrister who specialises on Employment Law on ‘tiktok’ of all places. He gave a bit of a mixed answer as their doesn’t seem to be any preceden to base this on, but ultimately if we were involved in the industrial action that led to the pay deal, we do have a valid legal challenge.
I, too, am not planning to take this lying down!
I've had a look at a few employment tribunal cases which have involved similar circumstances, and more often than not the judgement is that there is no legal entitlement to backpay if you have left employment. So, unfortunately, it appears there is nothing black and white set down in law to cover our predicament.
However, I also found one case where the claimant won their case because the company they worked for had always paid backpay to leavers, and so this was taken as the default position, but then on a whim the company decided one year that they didn't want to pay it. To me, this sounds remarkably like the stance Network Rail is taking, but before I can be sure, I would need to know whether Network Rail has paid leavers in previous years.
For anyone would would like to have a read through the case in question, it's here: Employment tribunal case
I would draw you attention to the following:
Paragraph 57 states: "Payment properly payable for work done prior to the termination of a contract of employment is payable as wages under that contract regardless of when they become payable."
Paragraph 61 states: "...the amount payable is, in the absence of any other contractual terms, the amount as agreed for a particular year, regardless of when that agreement was reached."
Paragraph 72: "It is not disputed that the payments were increased for employees who had worked from April 2022 and were continuing to work for the respondent. That can only be because the respondent recognised that it was money owed in respect of work done by those employees from April 2022 to November 2022."
Paragraph 73: "...those retrospective payments referable to the period from April 2022 to November 2022 can only be retrospective payment owed, under the contract, for work done during that period. The fact that it only became payable after the end of the claimants’ employment because of the delay in negotiations does not mean that it stopped being wages."
Paragraph 74: "...the increased rates of pay were referable to a period when the claimants were working under their contracts of employment and the rate of pay to which they were entitled for that period has been increased accordingly."
Paragraph 81: "The date on which the obligation to make payment arises is on application by the claimants in accordance with this implied term."
I've had a look at a few employment tribunal cases which have involved similar circumstances, and more often than not the judgement is that there is no legal entitlement to backpay if you have left employment. So, unfortunately, it appears there is nothing black and white set down in law to cover our predicament.
However, I also found one case where the claimant won their case because the company they worked for had always paid backpay to leavers, and so this was taken as the default position, but then on a whim the company decided one year that they didn't want to pay it. To me, this sounds remarkably like the stance Network Rail is taking, but before I can be sure, I would need to know whether Network Rail has paid leavers in previous years.
For anyone would would like to have a read through the case in question, it's here: Employment tribunal case
I would draw you attention to the following:
Paragraph 57 states: "Payment properly payable for work done prior to the termination of a contract of employment is payable as wages under that contract regardless of when they become payable."
Paragraph 61 states: "...the amount payable is, in the absence of any other contractual terms, the amount as agreed for a particular year, regardless of when that agreement was reached."
Paragraph 72: "It is not disputed that the payments were increased for employees who had worked from April 2022 and were continuing to work for the respondent. That can only be because the respondent recognised that it was money owed in respect of work done by those employees from April 2022 to November 2022."
Paragraph 73: "...those retrospective payments referable to the period from April 2022 to November 2022 can only be retrospective payment owed, under the contract, for work done during that period. The fact that it only became payable after the end of the claimants’ employment because of the delay in negotiations does not mean that it stopped being wages."
Paragraph 74: "...the increased rates of pay were referable to a period when the claimants were working under their contracts of employment and the rate of pay to which they were entitled for that period has been increased accordingly."
Paragraph 81: "The date on which the obligation to make payment arises is on application by the claimants in accordance with this implied term."
Horsemaddad
Member
Hi, Firstly I'm going to refer this to my former union (TSSA). I'll mention the query regarding payment of back pay in previous years and whether or not it was a 'thing'. Secondly, I'm going to contact ACAS - which is the first step before taking it to an employment tribunal. In any case, after the pay deal was agreed, Network Rail issued a 'questions and answers' bulletin which states clearly that 'leavers' arrears will be dealt with after currently-employed staffs'. They have now apparently reneged on that promise! I'll read the case that you have highlighted.
I was with the RMT during the industrial action. I left them in February when I left the company, and switched to ASLEF for a new driver job. Surely though, as I was/we were members of a union during this IA, they should still have a vested interest in seeing us rightly receive our backpay??? Either way, I think it’s important we all keep each other up to date on here as to any developments
Horsemaddad
Member
I fully agree. Just under 32 years in the union. I've emailed TSSA tonight detailing what's happened and also mentioning the recent judgement against York City Council that you have found. I've asked the union if leavers' arrears were routinely paid in the past. I bet they were! I'm also going to put out a few 'feelers' to people I know within the industry - they may be able to answer this question.
Is the back pay dependent on how you left ? eg. if you retireed compared to leaving under the voluntary severance scheme. Some of our leavers have had various agreements in place for early retirement, medical capability, termination etc. Some sign away any entitlement to back pay as part of any settlements.
bellringer
Member
- Joined
- 16 Aug 2013
- Messages
- 19
"All leavers arrears will be calculated after active employees have been reviewed and processed in full. This means if you are entitled to a payment, this will take place later in the year. At this time, this may be early summer."
The expectation was that leavers would be paid later and there was no indication made at any time that if you left before the pay resolution you would not be eligible. You can only assume some would have postponed leaving the company if that condition was known.
HPS are being paid as I assume this was an EU ruling.
Horsemaddad
Member
I've thought about this question too, but don't know the answer. Either way, it's a sneaky, petty and underhand way to deal with people - many of whom have spent a lifetime in Railway service. Network Rail likes to trumpet their claim that they are an ethical and fair company. It seems like they can ignore their core values and behaviours when it suites though!