Falkirk Council Update
An important hearing involving Falkirk Council is due to take place next month - on 19 June 2009.
Unusually, this is an appeal hearing because Falkirk lost a previous Pre Hearing Review (PHR) in 2008 - which were about the equal pay claims of Home Care staff, the biggest single group of claimants.
In 2008, the council tried to argue that equal pay claims from Home Carers should be treated differently from other Falkirk claimants.
Essentially, the council argued that the claims of the Home Carers should be restricted or limited - because of an internal reorganisation back in May 2002.
In the council's eyes this reorganisation changed people's contracts of employment and the nature of their claims.
So, the council argued that the equal pay claims registered on behalf of the Home Carers' should not qualify for the full period of 5 years backdating - to the year 2000 - as is the case for other ‘manual worker’ groups in Falkirk.
Sensibly, the employment tribunal rejected this argument, but the council then appealed the decision - using and wasting public money, in our opinion, to delay and frustrate what we believe to be perfectly valid claims - from a key group of highly dedicated staff.
We believe that next month's appeal hearing will decide the issue in favour of the Home Carers - so watch this space for further news.
Falkirk Council indicated a desire months ago to settle the claims on a negotiated basis - but it has been blowing hot and cold ever since - there have been talks behind the scenes, but as yet no firm proposals.
We are currently pushing the council to make up its mind - but if there is no progress, the scheduled hearing of the Stefan Cross cases goes ahead on 19 June 2009 as planned.
Unusually, this is an appeal hearing because Falkirk lost a previous Pre Hearing Review (PHR) in 2008 - which were about the equal pay claims of Home Care staff, the biggest single group of claimants.
In 2008, the council tried to argue that equal pay claims from Home Carers should be treated differently from other Falkirk claimants.
Essentially, the council argued that the claims of the Home Carers should be restricted or limited - because of an internal reorganisation back in May 2002.
In the council's eyes this reorganisation changed people's contracts of employment and the nature of their claims.
So, the council argued that the equal pay claims registered on behalf of the Home Carers' should not qualify for the full period of 5 years backdating - to the year 2000 - as is the case for other ‘manual worker’ groups in Falkirk.
Sensibly, the employment tribunal rejected this argument, but the council then appealed the decision - using and wasting public money, in our opinion, to delay and frustrate what we believe to be perfectly valid claims - from a key group of highly dedicated staff.
We believe that next month's appeal hearing will decide the issue in favour of the Home Carers - so watch this space for further news.
Falkirk Council indicated a desire months ago to settle the claims on a negotiated basis - but it has been blowing hot and cold ever since - there have been talks behind the scenes, but as yet no firm proposals.
We are currently pushing the council to make up its mind - but if there is no progress, the scheduled hearing of the Stefan Cross cases goes ahead on 19 June 2009 as planned.
