Trade Union Grievances
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 apology or regret – a long standing member is simply abandoned and told her claim can't proceed any further - because it wasn't 'grievanced' properly to begin with - and has run out of time.
What the woman's letter does not explain - clearly at least - is that the case can’t proceed because of her trade union’s carelessness and sheer incompetence.
But instead of putting their hands up and offering to compensate the member for her financial loss – shamefully the union has left the woman to fend for herself.
The good news is that Action 4 Equality Scotland and Stefan Cross will take up the case - she has a 'slam dunk' negligence claim against her trade union - which should compensate her in full for all the money she’s lost.
There are bound to be lots of similar cases out there - in places where the trade unions have taken their eye off the ball – and failed to register their members’ grievances properly.
If anyone you know is in the same unfortunate position, tell them not to panic - all is not lost, not by a long chalk.
Contact Mark Irvine for further advice at: markirvine@compuserve.com
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 apology or regret – a long standing member is simply abandoned and told her claim can't proceed any further - because it wasn't 'grievanced' properly to begin with - and has run out of time.
What the woman's letter does not explain - clearly at least - is that the case can’t proceed because of her trade union’s carelessness and sheer incompetence.
But instead of putting their hands up and offering to compensate the member for her financial loss – shamefully the union has left the woman to fend for herself.
The good news is that Action 4 Equality Scotland and Stefan Cross will take up the case - she has a 'slam dunk' negligence claim against her trade union - which should compensate her in full for all the money she’s lost.
There are bound to be lots of similar cases out there - in places where the trade unions have taken their eye off the ball – and failed to register their members’ grievances properly.
If anyone you know is in the same unfortunate position, tell them not to panic - all is not lost, not by a long chalk.
Contact Mark Irvine for further advice at: markirvine@compuserve.com
