Network rail pay award 2022 leavers

[Badge3226]

It’s starting to feel like people are simply passing on rumours now. Much like that (evidently fake) photo at the top of this page apparently ‘confirming’ a deal has been struck for ex employees to receive owed backpay for time worked, someone is starting these rumours and others are simply passing it on as being gospel.

If we were being paid backpay, namely this Friday, then I/we would’ve recieved a letter or email, and it’d be viewable on epay today (which it isn’t).

 

[Malc77]

It’s starting to feel like people are simply passing on rumours now. Much like that (evidently fake) photo at the top of this page apparently ‘confirming’ a deal has been struck for ex employees to receive owed backpay for time worked, someone is starting these rumours and others are simply passing it on as being gospel.

If we were being paid backpay, namely this Friday, then I/we would’ve recieved a letter or email, and it’d be viewable on epay today (which it isn’t).

I had a response through ACAS confirming the pay entitlement

 

[Badge3226]

I’ve no idea who the ACAS are, but surely there’s a big difference between an entitlement and actually receiving, and it means nothing until Network Rail acknowledge and actually transfer funds

 

[Worldwide]

Yes mate. Was RMT, now ASLEF.

RMT reps don’t seem to have any idea if we will ever get backpay

Email the team and ask [email protected] however it must have been said at some point hence the email unless someone’s fabricated or made it up.

 

[LAX54]

I’ve no idea who the ACAS are, but surely there’s a big difference between an entitlement and actually receiving, and it means nothing until Network Rail acknowledge and actually transfer funds

Its a Concilliation service, that does employer/employee mediation, but its non binding.

 

[Horsemaddad]

Has anyone got any further with the issue of pay increase arrears for 2022 leavers?
I've contacted ACAS who advise 'Early Conciliation' initially (talking to NR to try to resolve the issue). If that fails (either because we can't agree or because NR won't agree to talk about it), then the next stage is an Employment Tribunal case. However, I'm don't want to be hit with NR's costs if I lose!

Just wondering if anyone else is already going down this road? - there IS a very similar successful case, a link to which is posted earlier in this thread by member '412ft', brought by two former employees against York City Council earlier this year. They won this on the basis that the employer had always paid out to leavers in the past.

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.

Hi there, just wondering if you've taken this any further? I'm just about to ask for early conciliation through ACAS.
Best wishes, Colin.

 

[mac]

Horsemaddad I've done 2 employment tribunal cases but not against network Rail and my house insurance paid my costs for 1 case so worth checking if you have legal cover also it's very rare for costs to be awarded as they don't want ordinary people to be kept away from court

 

[412ft]

Hi there, just wondering if you've taken this any further? I'm just about to ask for early conciliation through ACAS.
Best wishes, Colin.

I haven't taken it any further, because I've been advised that I will get the backpay, as I left in 2023. So, in that sense, I guess I am very lucky. However, despite them saying I would be paid this in the Oct pay run, it hasn't happened yet. I called payroll, who are now saying they are a bit behind with the calculations and I'll hopefully be paid next Friday, but let's wait and see.

 

[Malc77]

I haven't taken it any further, because I've been advised that I will get the backpay, as I left in 2023. So, in that sense, I guess I am very lucky. However, despite them saying I would be paid this in the Oct pay run, it hasn't happened yet. I called payroll, who are now saying they are a bit behind with the calculations and I'll hopefully be paid next Friday, but let's wait and see.

Have you had epay ?

 

[412ft]

Nope, nothing yet! Bit of a joke really. How hard can it be to calculate what I'm due? Plug the figures into a spreadsheet and hey presto, there's the amount!

Has anyone received anything yet, or are we all in the same boat?

 

[Badge3226]

It’s this simple guys… Regardless of what’s been previously said on here, as it stands we aren’t getting a penny or backpay.

Whether some form of mediators or the like have said you are owed it is irrelevant, being owed it and NR being forced to pay it are 2 very completely different things.

Regardless of ‘what your mates said’, no one has been told they are getting anything from network rail, because as it stands network rail are not paying backpay to ex employees.

We need to cut out the rumours and stick to facts

 

[412ft]

I agree that being told something by ACAS or an employment tribunal doesn't carry much weight, as NR aren't legally obliged to pay anyone backpay. However, NR have officially said that anyone who left employment on or after 1st Jan 2023 will be receiving the back pay. That isn't a rumour, it's a fact. When / whether they end up paying it is a different matter.

 

[Badge3226]

I agree that being told something by ACAS or an employment tribunal doesn't carry much weight, as NR aren't legally obliged to pay anyone backpay. However, NR have officially said that anyone who left employment on or after 1st Jan 2023 will be receiving the back pay. That isn't a rumour, it's a fact. When / whether they end up paying it is a different matter.

I fall into that category, having left in late Feb for a drivers job.

But much like all the other rumours, I have seen or heard absolutely nothing to confirm this…?

 

[Malc77]

I received all backpay on Friday 17th November

 

[Cbreesy124]

I received all backpay on Friday 17th November

Great news on your backdated pay - I’m currently disputing my arrears of pay as they often referred me as a leaver in May 23 - when they unfairly dismiss me in feb 23 - they are now using this as ground not to pay me - does your letter/EPAY provide any clarity regarding this?

 

[Malc77]

Great news on your backdated pay - I’m currently disputing my arrears of pay as they often referred me as a leaver in May 23 - when they unfairly dismiss me in feb 23 - they are now using this as ground not to pay me - does your letter/EPAY provide any clarity regarding this?

No letter just epay and just says leaver back pay adjustment, but figure was what I was expecting

 

[Cbreesy124]

Okay thanks for replying - I put as much info forward as I could to possibly see if their contradiction somehow enables a payment

 

[Badge3226]

Anyone heard anything regarding this lately? Anyone received their owed back pay?

 

[412ft]

Anyone heard anything regarding this lately? Anyone received their owed back pay?

Yes, see above. Malc77 received expected back pay on 17th Nov.

I, too, received the figure I was expecting on the same date, although I had to nag payroll a bit, as it seems I'd been accidentally left off the list of people they owed. I believe a bunch of other leavers were paid in October.

 

[DeanR96]

All, I am in the same boat. I used to work for WMT, started in 2016, left in July 2023. I emailed both the RMT and WMT asking when I am going to receive back pay. The rmt said they are discussing with the RDG on this matter, WMT have said that I am not entitled to it.

I have since emailed WMT asking for a policy in which it states that I am not entitled to back pay for the time which I was where and the back pay has been agreed to be paid from l, so from 2020-2023.

Wmt hr have not provided me with any policy, and simply said that they have nothing further to add to their initial email. Basically saying no comment. I’ve replied to them again asking to confirm that they have no policy stating this, and if so, where are they getting the information from that I’m not entitled to it.

My fiancé is a trainee solicitor, and she has basically said that as there is no policy in place, and it’s an “unwritten rule” which cannot be showed in black and white, legally we are all entitled to back pay (provided the company you worked for does not have it in writing that leavers during a dispute are not entitled to back pay).

I am awaiting a response from WMT, and if they do not respond, I will be seeking legal action, as there have been cases before where leavers have received back pay. To add to that, council workers, so government funded bodies as the majority of the railway is now.

She even said potentially it could be a class action, so there is a case here.

 

[GalaxyDog]

Is there any update on this DeanR96? I have been in touch with both WMR and RMT. WMR have rebuffed me as they have you, and RMT are asking me to fill out paperwork to start legal process via ACAS.

 

[Arty Morgan]

I hear others have had a reply from RMT to the effect of "Sorry, we can't you help now as you weren't employed when the deal was agreed." Now there is there a mention of being pointed toward acas? Can anyone enlighten us as to what is happening? Have RMT spoken to RDG?

 

[Badge3226]

Hi Everyone,

I’ve just received my backpay, and unlike the previous posts from people claiming to have had it, I’ll actually provide some info in the hope it helps! Rather than small 1 sentence ‘I got it’ waffle.

I served with NR as a signaller from 2016 to Feb 2023. I took part in all industrial action etc, and left the company approx 4-6 weeks before the pay settlement.

I was originally told my back pay (and the annual HPS payment) would be paid at a later date, as is normal protocol for former employees. I eventually got my HPS payment around October, but was told former staff who left before the settlement date, would not be getting backpay despite working that period.

I emailed every few months chasing it up, and randomly received an email yesterday telling me my new pay statement was ready on epay.

I was paid approx £4000 gross, titled back pay/back pay pen, which sounds about right as my former colleagues received slightly more (in account of me leaving a month before settlement).

Hopefully this provides a bit of assistance to anyone who needs it, as opposed to a ‘I got it’ post

 

[Horizon22]

May I also remind people of the thread title: Network rail pay award 2022 leavers

Anyone who worked for a TOC should start another thread.

 

[bellringer]

NWR's line in the sand is 31st Dec 2022. Leave on or before that date and you won't receive backpay for 2022 or any uplift regarding the Final Salary (RPS) pension.

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[retired hardy]

I have only just found this forum. I retired from NR on 30 Sep 2022, I worked as a Train Delay Attributor (SUP 5) and have been in discussions with NR about Back Pay 1 Jan-30 Sep 2022. To which they say I am not entitled having left prior to 1 Jan 2023.
But as the Pay Award was not agreed until Mar 2023 this doesn't make sense.

NR Defence states 4 August 2023 Director of Industrial Relations issued official correspondence stating a cut-off date for eligibility for backpay. Back Pay will be processed or any person covered by the General Grades uplift...... and that Back Pay will only the paid to 'good leavers' - so we will exclude any employee who was dismissed or this who resigned prior to a disciplinary.

I don't think that my Grade came within the General Grades agreement, it came within the Signallers Agreement. I think they are just mixing the Office Staff agreement with the Signallers agreement. I thought the office workers agreed a pay award in about August 2022, only the signalling grades continued until March 2023

 

[bellringer]

I believe NWR and the RMT had a meeting and changed the qualifying date for back pay from March 2023 to 1st Jan 2023.

As the RMT were part of the delay themselves, maybe they would like to pay for those who left in 2022

Hopefully this escalates and becomes the next P.O. scandal !!!

 

[retired hardy]

I believe NWR and the RMT had a meeting and changed the qualifying date for back pay from March 2023 to 1st Jan 2023.

As the RMT were part of the delay themselves, maybe they would like to pay for those who left in 2022

Hopefully this escalates and becomes the next P.O. scandal !!!

So if the NR/RMT had a meeting and changed the qualifying date for back pay from March 2023 to Jan 2023, everyone prior to that date should be able to get the backpay.
Was this meeting actually agreed and put into writing? If they only had a "meeting" it doesn't actually mean anything unless it is put into writing. I think that the Union should let everyone, who pays dues to the union, have a copy of everything that is actually put into writing so that everyone knows what is what. Did it say anything about ex-employees? or have NR just put this in so that they can get away with retaining money that should be paid to people who have actually worked/employed during the period of time that it took to agree the pay deal.
They paid my HPS in August 2023. So they admitting to something?

 

[bellringer]

NWR said they didn't have the funds to pay everyone, therefore they shouldn't have agreed to a pay deal then.
Back pay is money earned after all. Maybe they'll have funds this year

HPS must be paid as it was part of EU law (so no escape)

 

[retired hardy]

NWR said they didn't have the funds to pay everyone, therefore they shouldn't have agreed to a pay deal then.
Back pay is money earned after all. Maybe they'll have funds this year

HPS must be paid as it was part of EU law (so no escape)

Because they didn't have the funds to pay everyone, is NOT a reason to NOT pay people who have earned that money. Rumford v City of York 1800201/2023, Ok they got the sack but the industrial tribunal concluded: “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.”