NHS Claims - Update

Scotland's NHS claims continue to work their way through the employment tribunal process.

The big issues relate to a tribunal hearing that began in October 2008 and will run until the end of November at least - though it now looks likely that this hearing will not be completed until February 2009.

The following 5 key points are being contested by Action 4 Equality and Stefan Cross solicitors - they relate to the way in which Agenda for Change was developed and introduced by NHS management and the trade unions:

1 Whether the Job evaluation scheme within Agenda for Change complies with the legislation and whether, with particular regard to male dominated jobs, there were grounds for suspecting it was tainted by Sex Discrimination.

2 If the scheme is valid when did it apply to the claimants - and can the effect of the scheme be backdated.

3 Whether AFC continued or introduced sexually discriminatory considerations into NHS pay and grades - and to what extent the trade unions and Department of Health were aware of this.

4 Whether the NHS can rely on Agenda For Change as a defence - and whether those purported defences are ineffective because of sex discrimination.

5 Whether the claimants are entitled to pay protection and recruitment and retention payments ("RRP") - which were awarded to their male comparators.

We will, of course, let you know as soon as there have been decisions on these various points - which are crucial to your claim.

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