Cut to the Chase

Clackmannanshire is Scotland's smallest mainland council.

Whether size is a factor is unclear - but the council has certainly been dragging its feet when it comes to dealing with equal pay.

A CMD (Case Management Discussion) hearing on the Clackmannanshire cases was held recently - on 2 November 2009.

Individual claimants are entitled to attend these hearings - if anyone wants to go along and hear what's happening first hand.

The aim in Clackmannanshire is the same as everywhere else - to get the outstanding cases to a GMF (Genuine Material Factor) hearing - which requires the council to explain and justify the big differences in pay between traditional male and female jobs.

But that's exactly what the employers - or some of them at least - are desperately trying to avoid.


Instead of facing up to reality and the strength of people's claims - Clackmannanshire has been using one procedural argument after another - to slow the whole process down.

Maybe the council hopes that claimants will get so fed up and frustrated - that people will just give up and go away.

Our advice is don't despair - because we are doing everything we can to bring these cases to a conclusion as quickly as possible.

A Pre-Hearing Review (PHR) has been listed for 1 to 3 February 2010 - to determine the outstanding procedural points - if the council does not agree to drop these points - and get down to the real issues.


Most other councils did so long ago - our view is that Clackmannanshire should stop all this shilly shallying about - and come to its sense as well.

A further CMD has been listed for 22 March 2010 to list the Clackmannanshire cases for a GMF hearing.


But if the February PHR hearing does not take place - which is still possible if there's an outbreak of common sense - this will will hopefully bring a GMF date forward.

So watch this space.

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