Mark Irvine - Blogger, Campaigner, Organiser

Earlier this year we reported that the Employment Appeal Tribunal (EAT) had dealt a severe blow to lots of trade union backed equal pay claims in Scotland - see posts dated 1 and 24 July 2008. The EAT's decision meant that where the trade unions had submitted 'collective' grievances with the council employers - instead of registering individual grievances (as required by the equal pay regulations) - then these claims might not be allowed to proceed through the employment tribunal process. Worse still, as the cases had not been taken up properly to begin with - people may well now be out of time – and, if so, the individuals involved could lose their entire claim - worth thousands of pounds in many cases. Well it seems these chickens are now coming home to roost - with a vengeance. An employee of North Lanarkshire Council has been in touch to ask for advice - because her trade union is saying her claim is now being dropped – like a stone. Just like that – without a word of a

The Glenrothes by-election is being held on Thursday 4 November – and it looks like a two horse race between the SNP and Labour Party. As usual, there will be public hustings and lots of other activities leading up to election-day. So why not use any opportunity that comes your way to question the leading candidates on their views about equal pay. The Labour candidate is Lindsay Roy, a local head teacher. Interesting thing is that all teachers in Scotland benefited from a generous pay deal back in 2001 – as a result of the McCrone Agreement. Now this cost substantial sums of public money at the time – adding £800 million pounds to the pay bill - to fund a 23.5% pay increase for all teachers - which they’re still benefiting from to this day. So, a good question for Lindsay Roy would be: “If you believe in fair pay for teachers, do you also support equal pay for low paid council staff - carers, cleaners, catering staff, clerical workers and classroom assistants?” In 2001, the council emp

South Lanarkshire’s equal pay claims face a major 10 day hearing early in the New Year – from 12 to 23 January 2009. Clients are very welcome to attend the hearing, but in reality few people, if any, will be able to give up that much of their own free time. So, we’re planning to use this opportunity to prepare for the hearing and report back to clients over the next couple of months. South Lanarkshire Council (SLC) continues to refuse to explain how its job evaluation (JE) scheme works – there is an ongoing battle to gain even basic information about scores and grades – details that other councils in Scotland have made freely available. South Lanarkshire claimed previously that its JE scheme “has been externally verified” - but this claim turns out to be completely untrue. Because the Equal Opportunities Commission (EOC) never gave its approval to the South Lanarkshire scheme (as claimed by the council at the time) and - according to the council now - discussions with the EOC barely go

Edinburgh City Council has been slated by an Employment Tribunal in an important equal pay test case. The hearing ran for 10 days over June and August 2008, but the written judgment is quite devastating in its criticism of the council and main witness, John Allan, an Employee Relations Manager. The council’s case was that hundreds of equal pay claims from women (admin & clerical) employees should not be allowed to proceed because they are employed on different conditions of service to their male colleagues. The Employment Tribunal’s decision has given the council’s argument short shrift, clears the way for existing cases to proceed. The decision also opens the door for many more claims from women workers in former APT&C or ‘white collar’ jobs – i.e. clerical workers, social care workers, classroom assistants catering managers and nursery nurses. Key extracts from the tribunal’s written judgment are reproduced below: Para 459 : “Put simply, where the respondent (Edinburgh City C

Glasgow City Council has just announced that it plans to transfer its home carers, cleaners and catering staff to a new arms length company. The council claims that this is to protect essential services - but the truth is that the move is really designed to avoid the council having to meet its obligations on equal pay. The existing pay and conditions of the largely female workforce will be maintained because of the TUPE regulations - but the transfer will isolate the women from the better paid men - with only the men remaining directly employed by the city council. If that happens, the women workers may no longer be able to compare their lower earnings with the higher earnings of male jobs such as gardeners and refuse workers - because the council will have placed an artificial wall between the two groups. The council is then likely to argue that the women workers have no entitlement to back pay, worth over £10,000 per person for a full time worker. Neither the council nor the unions a

An employment tribunal (pre-hearing review) is being held next week (Wednesday 22 October) – involving some of the outstanding Glasgow city council cases. The underlying issues are about pay discrimination against female employees, but the council is, yet again, seeking to avoid serious legal argument. Instead it’s trying to block people’s claims because of the Action 4 Equality Scotland blog site. Six months ago, in April 2008, the blog site posted an article highlighting the fact that thousands of women employees in Glasgow signed Compromise Agreements back in 2005. But Stefan Cross Solicitors has raised serious concerns about the nature of these arrangements – and whether people were properly advised by the council or the ‘independent’ lawyers involved. Yet, the council’s response is to concentrate on comments from a blog site that are six months old. The tribunal has listed a two day hearing to address arguments from Glasgow that the council cannot get a fair hearing due to comment

Carol Fox is the latest recruit to the equal pay team at Stefan Cross Solicitors (SCS), which along with Action for Equality is leading the fight for equal pay in Scotland. Carol Fox joins Stefan Cross from her previous position as the Head of Equality at Thompsons Solicitors - the law firm that acts as the external legal adviser to Unison, Scotland’s largest local government trade union. Carol will be assuming responsibility as the lead SCS solicitor for all ongoing employment tribunal cases in Scotland - with immediate effect. Carol lives in Edinburgh where she has stood previously as a candidate for the Scottish parliamentary seat of Edinburgh West in 1999 and again in 2003, and for the Lothian list seat in 2007. Carol has wide experience of dealing with employment and discrimination issues at the workplace from her previous role with the Equal Opportunities Commission (EOC) and as a full-time union official with Nupe, Unison and subsequently NASUWT - the teachers’ union. Carol said

Surprise, surprise! Scotland’s local government trade unions are going to recommend rejection of the latest ‘improved’ pay offer from the council employers. In trade union circles, this is a discredited and cynical strategy – but a well worn one as well - that always comes into play when union leaders have painted themselves into a very tight corner. So, the new offer of a 3% pay increase for 2008 followed by a 2.5% pay increase in 2009 – will be put to a ballot of union members. Union leaders will now be calling for the offer to be summarily thrown out and for strike action to be escalated – but with their tongues firmly in their cheeks. Not only is this completely bonkers – it is completely dishonest into the bargain. Why? Because union leaders are now hoping and praying that ordinary union members do exactly the opposite of what they recommending them to do – by voting to accept the offer and abandon any further strikes. Seems crazy, right? But at that point union activists and unio

An employee of North Lanarkshire Councils has been in touch to ask: "Is it too late to make an equal pay claim?" The answer is a resounding - NO! Lots of people have ongoing claims - but the employers are not going to explain this to their employees - as it will cost the councils money. So, why do so many people still have claims? Because the councils are still protecting the higher pay of the traditional male groups - and while that pay gap continues, employees in female dominated jobs can submit a claim for equal pay - which covers the entire protection period of 3 years or more. What about claims that challenge council Compromise Agreements? Large numbers of people - in certain councils - are now challenging the validity of their Compromise Agreements. On the basis that employees did not receive proper advice - and that lawyers selected, instructed and paid for by the council - could not sensibly claim to be 'independent', as was claimed by many employers at the ti

Glasgow’s outstanding equal pay claims could well be coming to a head over the next 3 to 6 months. Important hearings with the employment tribunals are in the pipeline - preparations for these hearings are well underway - and we plan to use this opportunity to report back to clients. To help with this task Action 4 Equality Scotland is planning to hold a series of local meetings across Glasgow - in October and November 2008. If you want to organise one in your own local area – all you need to do is identify: • a possible date or dates • a good time of day • a suitable local venue Lots of similar meetings have been held in Glasgow in the past – in a wide variety of different venues - and our experience is that local people know best in terms of where and when to meet. So, if you want to join in then contact Mark Irvine at: markrivine@compuserve.com

Looks like the council workers strike is coming to a long overdue and predictable end. The employers have made a slightly improved offer - but ,of course, one that comes nowhere near the unions' original demand for a 5% or £1,000 across the board pay increase - whichever is the greater of the two. The employers are now offering 3% in Year 1 (compared to 2.5% previously) and 2.5% in Year 2 (exactly the same as before). So, the 'gain' is worth an extra 0.5% - although this has been 'bought' at the expense of two days worth of strike action. The reality is that the employers are improving the original offer - with the money they've saved - by not paying wages and pension payments to striking employees. In other words the strikers are funding the settlement themselves. Hardly a great achievement - and one that does nothing whatsoever for the lower paid To put things in perspective - for every £10,000 a year a council employee earns, the new deal is worth an extra £5

A client from Glasgow has been in touch to ask if she can complain about the 'independent' lawyer who countersigned her Compromise Agreement - back in December 2005. The answer is, potentially: YES. Why? Because these 'independent' lawyers were actually selected and paid for by Glasgow City Council (i.e. they were handpicked by the employer) - although at the time the council claimed their function was to give advice to the council's employees. But according to many Glasgow City Council employees - these 'independent' lawyers offered little, if any, practical advice and - crucially - they could not even explain how the council's offers of settlement were calculated. The essential point is that all lawyers - even 'independent' ones - owe their clients a duty of care and if that duty is not properly observed - then the client can complain to the Law Society of Scotland, which is the regulatory body for the legal profession in Scotland. In this case