Falkirk Council - update
A further CMD hearing (case management discussion) has been set for Falkirk Council on 29 February 2008 - and the intention of the Employment Tribunal is to set a date for a GMF hearing at that time.
If all goes according to plan, a firm timetable will then be in place to finally adjudicate on the Falkirk cases - which will put the council between a rock and a hard place - so things are heating up!
At the last CMD hearing Falkirk was arguing that the claims of the Home Carers are undermined by the reorganisation of the service that took place in 2002 - their view is that Home Carers claims can only proceed from 2002 onwards - instead of going back a full 5 years to 2000/2001.
We completely disagree and said so at the last CMD hearing.
We believe that the Home carers jobs were substantially the same before and after the 2002 reorganisation - and we believe that, in any event, the Home Carers jobs were not properly evaluated, re-graded or paid what they were really worth.
And when you consider how the women's jobs were treated compared to the men - see post dated 8 January - the council's argument is insulting and ludicrous.
Worth remembering as well that Falkirk's management and trade unions both supported the 2002 Home Care reorganisation - knowing full well that the male jobs were playing to very different rules.
What does the local Unison branch and its branch secretary (Gray Allan) have to say about that?
The Employment Tribunal faced a similar argument recently in North Ayrshire - but the case collapsed and costs were awarded against the council for wasting everyone's time. We will be looking for the same outcome if Falkirk insists on making this defence.
So, there is likely to be a Pre-Hearing Review on that specific point. If so, we will wish to speak with some of our clients to gather evidence on exactly what happened in 2002 - and the role played by local management and the trade unions.
If you were in post at that time and have a good recollection of events, let us know as this will help us prepare for any future PHR hearing.
In any event, the pressure is mounting on Falkirk by the day - and that makes settlement discussions much more likely.
PS
Falkirk's local press have been made aware of the big bonus earnings (for traditional male jobs) kept hidden from women workers all these years - feel free to ring up the local paper to say how disgusted you are at the way management and trade unions have treated women workers in Falkirk - just ask the paper to withhold your name and personal details to avoid any problems.
If all goes according to plan, a firm timetable will then be in place to finally adjudicate on the Falkirk cases - which will put the council between a rock and a hard place - so things are heating up!
At the last CMD hearing Falkirk was arguing that the claims of the Home Carers are undermined by the reorganisation of the service that took place in 2002 - their view is that Home Carers claims can only proceed from 2002 onwards - instead of going back a full 5 years to 2000/2001.
We completely disagree and said so at the last CMD hearing.
We believe that the Home carers jobs were substantially the same before and after the 2002 reorganisation - and we believe that, in any event, the Home Carers jobs were not properly evaluated, re-graded or paid what they were really worth.
And when you consider how the women's jobs were treated compared to the men - see post dated 8 January - the council's argument is insulting and ludicrous.
Worth remembering as well that Falkirk's management and trade unions both supported the 2002 Home Care reorganisation - knowing full well that the male jobs were playing to very different rules.
What does the local Unison branch and its branch secretary (Gray Allan) have to say about that?
The Employment Tribunal faced a similar argument recently in North Ayrshire - but the case collapsed and costs were awarded against the council for wasting everyone's time. We will be looking for the same outcome if Falkirk insists on making this defence.
So, there is likely to be a Pre-Hearing Review on that specific point. If so, we will wish to speak with some of our clients to gather evidence on exactly what happened in 2002 - and the role played by local management and the trade unions.
If you were in post at that time and have a good recollection of events, let us know as this will help us prepare for any future PHR hearing.
In any event, the pressure is mounting on Falkirk by the day - and that makes settlement discussions much more likely.
PS
Falkirk's local press have been made aware of the big bonus earnings (for traditional male jobs) kept hidden from women workers all these years - feel free to ring up the local paper to say how disgusted you are at the way management and trade unions have treated women workers in Falkirk - just ask the paper to withhold your name and personal details to avoid any problems.
