Falkirk Update
As regular readers know, Action 4 Equality Scotland has been involved in settlement discussions with Falkirk Council over recent months.
The council has blown hot and cold on a settlement package, but several meetings took place and agreement in principle appeared to have been reached.
Sadly, the council now appears to be changing its position - without any further discussion or agreement with Action 4 Equality Scotland - and they propose to calculate settlement offers on the basis of contractual hours only.
Our view is that any settlement offers must take into account additional hours our clients have worked during their periods of claim - not just contractual hours as this would exclude all overtime.
So we have told the council we cannot agree a settlement which excludes significant extra hours worked by our clients - nor can we accept any other unreasonable and new conditions.
The latest setback is very disappointing - because we thought we had reached an agreement in principle with the Council - but have been let down again at the eleventh hour.
So, if the Council does not come to its senses, we will resume progress of the outstanding claims via at the Employment Tribunals.
We will request an immediate listing of a GMF hearing to consider the council’s defences to these claims.
Falkirk readers may already be aware that the unions appear quite content to advise their clients to accept settlement proposals based on contractual hours only - and for limited periods of claim.
If they do so, the union claimants’ settlement offers will represent far less a proportion of the value of their claims than the settlements being pursued by Action 4 Equality Scotland.
The council has blown hot and cold on a settlement package, but several meetings took place and agreement in principle appeared to have been reached.
Sadly, the council now appears to be changing its position - without any further discussion or agreement with Action 4 Equality Scotland - and they propose to calculate settlement offers on the basis of contractual hours only.
Our view is that any settlement offers must take into account additional hours our clients have worked during their periods of claim - not just contractual hours as this would exclude all overtime.
So we have told the council we cannot agree a settlement which excludes significant extra hours worked by our clients - nor can we accept any other unreasonable and new conditions.
The latest setback is very disappointing - because we thought we had reached an agreement in principle with the Council - but have been let down again at the eleventh hour.
So, if the Council does not come to its senses, we will resume progress of the outstanding claims via at the Employment Tribunals.
We will request an immediate listing of a GMF hearing to consider the council’s defences to these claims.
Falkirk readers may already be aware that the unions appear quite content to advise their clients to accept settlement proposals based on contractual hours only - and for limited periods of claim.
If they do so, the union claimants’ settlement offers will represent far less a proportion of the value of their claims than the settlements being pursued by Action 4 Equality Scotland.
