Scottish Parliament - Evidence (4)
Ongoing Issues and Concerns
Obfuscation and Delay
21) Many of the claims currently before the Employment Tribunals have been underway for well over three years. The delay is largely down to deliberate delaying tactics on the part of the employers. When their issues are put to the test they have been dismissed by the tribunals. Yet, they persist in using public funds to delay and frustrate the claims of low paid employees who are simply exercising their right to equal pay under the law.
22) Pre-hearing reviews (PHRs) have been requested by the following councils in the recent past, but all have been rejected: North Ayrshire Council (Job Changes – costs awarded against the council); Falkirk Council (Job Changes); Edinburgh City Council (APT&C claims – costs awarded against the council); Glasgow City Council (Strike Out application); South Lanarkshire Council (Strike Out application). Council tax payers are footing these bills.
Work Rated as Equivalent (WRE) Claims
23) WRE claims are the most straightforward category because these claims are based on the fact that any two jobs that are being compared have already been rated (or valued) under a common job evaluation (JE) scheme, e.g. the 1987/88 Manual Workers Scheme.
24) So, if a female job such as a Home Carer on grade MW 5 is earning less than a male job such as a Refuse Driver on grade MW 4, then the employer has a lot of explaining to do Some councils (Glasgow, Edinburgh Stirling and Renfrewshire) have settled many of their WRE claims – the majority have still do so, hence the ongoing litigation..
Equal Pay for Work of Equal Value (EPWEV) Claims
25) EV claims are a major and growing, category of claimant. In this case, jobs have not been rated under a common JE scheme, but that is no bar to bringing a claim. Employment Tribunals can appoint an independent expert to assess the content of different jobs along with their relative skill and responsibility levels.
26) Many APT&C jobs have just as valid claims as their manual worker colleagues. For example, Classroom Assistants, School Secretaries, Catering Managers and Social Care Workers are generally still paid much less than council refuse workers and gardeners.
Protection Period Claims
27) Pay protection is part of the original Single Status Agreement, although protection was intended to operate on the original 1999-2002 timescale. The employers failed to act at the time and are now faced with a dilemma – because by agreeing to protect the higher pay of traditional jobs, councils invite the same claim from female groups whose pay has been artificially held down for years.
28) As a result of a recent decision in the Court of Appeal (the Bainbridge case) women are now entitled to the same rate of pay as the men for the entire length of that protection period. For many this is a further significant claim as it is based on all hours worked and difference in pay between the two jobs.
Male Claims
29) Some councils (Edinburgh for example) refuse to concede the claims of male workers employed in female dominated jobs – even though they have conceded the WRE claims of their female colleagues. So, a male Home Help or Cook in Edinburgh has been denied the same offer of settlement made to female workers.
Part 5 to follow
Obfuscation and Delay
21) Many of the claims currently before the Employment Tribunals have been underway for well over three years. The delay is largely down to deliberate delaying tactics on the part of the employers. When their issues are put to the test they have been dismissed by the tribunals. Yet, they persist in using public funds to delay and frustrate the claims of low paid employees who are simply exercising their right to equal pay under the law.
22) Pre-hearing reviews (PHRs) have been requested by the following councils in the recent past, but all have been rejected: North Ayrshire Council (Job Changes – costs awarded against the council); Falkirk Council (Job Changes); Edinburgh City Council (APT&C claims – costs awarded against the council); Glasgow City Council (Strike Out application); South Lanarkshire Council (Strike Out application). Council tax payers are footing these bills.
Work Rated as Equivalent (WRE) Claims
23) WRE claims are the most straightforward category because these claims are based on the fact that any two jobs that are being compared have already been rated (or valued) under a common job evaluation (JE) scheme, e.g. the 1987/88 Manual Workers Scheme.
24) So, if a female job such as a Home Carer on grade MW 5 is earning less than a male job such as a Refuse Driver on grade MW 4, then the employer has a lot of explaining to do Some councils (Glasgow, Edinburgh Stirling and Renfrewshire) have settled many of their WRE claims – the majority have still do so, hence the ongoing litigation..
Equal Pay for Work of Equal Value (EPWEV) Claims
25) EV claims are a major and growing, category of claimant. In this case, jobs have not been rated under a common JE scheme, but that is no bar to bringing a claim. Employment Tribunals can appoint an independent expert to assess the content of different jobs along with their relative skill and responsibility levels.
26) Many APT&C jobs have just as valid claims as their manual worker colleagues. For example, Classroom Assistants, School Secretaries, Catering Managers and Social Care Workers are generally still paid much less than council refuse workers and gardeners.
Protection Period Claims
27) Pay protection is part of the original Single Status Agreement, although protection was intended to operate on the original 1999-2002 timescale. The employers failed to act at the time and are now faced with a dilemma – because by agreeing to protect the higher pay of traditional jobs, councils invite the same claim from female groups whose pay has been artificially held down for years.
28) As a result of a recent decision in the Court of Appeal (the Bainbridge case) women are now entitled to the same rate of pay as the men for the entire length of that protection period. For many this is a further significant claim as it is based on all hours worked and difference in pay between the two jobs.
Male Claims
29) Some councils (Edinburgh for example) refuse to concede the claims of male workers employed in female dominated jobs – even though they have conceded the WRE claims of their female colleagues. So, a male Home Help or Cook in Edinburgh has been denied the same offer of settlement made to female workers.
Part 5 to follow
