South Lanarkshire
A reader from South Lanarkshire is regularly in touch by email - with questions about equal pay and what's going on in South Lanarkshire.
So, I thought I'd answer the questions here - on the blog site - as they may be of interests to other readers.
Q When will we hear about any progress in the settlement discussions between South Lanarkshire Council (SLC) and Action 4 Equality Scotland (A4ES)?
A Difficult to say - there won't be a running commentary - but I imagine it will become clear pretty quickly if SLC is serious about resolving all the outstanding claims. If, not then it will be straight back to the Employment Tribunal.
Q Can people still raise an equal pay claim against South Lanarkshire Council?
A Yes - there has been a real flood of new enquiries in recent weeks after all of the publicity surrounding the big FOI case which SLC lost at the UK Supreme Court - carers, cooks, cleaners, catering staff, clerical workers and nursery nurses all have potential claims.
Q Can I transfer my claim to Action 4 Equality Scotland?
A The unions have a very small number of claims compared to Action 4 Equality Scotland - because for years they took the side of South Lanarkshire Council and denied there was any issue over equal pay. If anyone wishes to transfer a union claim to A4ES, then drop Mark Irvine an note: markirvine@compuserve.com
A reader from South Lanarkshire is regularly in touch by email - with questions about equal pay and what's going on in South Lanarkshire.
So, I thought I'd answer the questions here - on the blog site - as they may be of interests to other readers.
Q When will we hear about any progress in the settlement discussions between South Lanarkshire Council (SLC) and Action 4 Equality Scotland (A4ES)?
A Difficult to say - there won't be a running commentary - but I imagine it will become clear pretty quickly if SLC is serious about resolving all the outstanding claims. If, not then it will be straight back to the Employment Tribunal.
Q Can people still raise an equal pay claim against South Lanarkshire Council?
A Yes - there has been a real flood of new enquiries in recent weeks after all of the publicity surrounding the big FOI case which SLC lost at the UK Supreme Court - carers, cooks, cleaners, catering staff, clerical workers and nursery nurses all have potential claims.
Q Can I transfer my claim to Action 4 Equality Scotland?
A The unions have a very small number of claims compared to Action 4 Equality Scotland - because for years they took the side of South Lanarkshire Council and denied there was any issue over equal pay. If anyone wishes to transfer a union claim to A4ES, then drop Mark Irvine an note: markirvine@compuserve.com
Are You Sure? (4 September 2013)
A number of readers have been in touch to ask if I'm sure that equal pay settlements are made only to people - who have registered a claim with the Employment Tribunals.
Well, the answer is Yes - I'm as sure about this as I am about anything because no Council in Scotland, as far as I know, has ever made voluntary settlement offers to people who have not registered a claim with the Employment Tribunals.
I've dealt with hundreds of people, many of them from Glasgow, women who worked a lifetime for the council, but who had retired from work before equal pay hit the news headlines back in 2005 - thanks to Action 4 Equality Scotland.
Now most of these women were time-barred from raising equal pay claims because, at that time, council employees had to raise a claim within six months of retiring or leaving work - and many had already missed that six month deadline when - at long last - they understood their rights in relation to equal pay.
So, the council employer had no legal obligation towards their former employees and even though you could make out a strong moral case - to my knowledge no Scottish council has made what would amount to 'voluntary' offers of settlement to either ex-employees or current employees who have not registered claims.
I'm told that the trade unions in some areas advised their members that they didn't need to raise an equal pay claim - that in the event of a settlement everyone would be treated the same way - but that advice is completely wrong.
Frequently Asked Questions
A frequently asked question (FAQ) that has become topical again in relation to equal pay is:
"I haven't actually registered an Equal Pay claim, but I've been told that in the event of a settlement with my employer that I've nothing to worry about - because I'll get the very same settlement as everyone else."
"Is this correct?"
NO! - definitely, absolutely not - and there's not been a Council employer in Scotland which has made 'voluntary' settlement payments to employees who do not have a claim registered with the Employment Tribunals.
Now I know that the trade unions have given this 'duff' advice to their members at times - but this advice is completely wrong - and lots of people have lost out as a result
So, if you're in any doubt register a claim - because that's the only way to protect your interests.
If you need any further details, drop me an email to: markirvine@compuserve.com
A frequently asked question (FAQ) that has become topical again in relation to equal pay is:
"I haven't actually registered an Equal Pay claim, but I've been told that in the event of a settlement with my employer that I've nothing to worry about - because I'll get the very same settlement as everyone else."
"Is this correct?"
NO! - definitely, absolutely not - and there's not been a Council employer in Scotland which has made 'voluntary' settlement payments to employees who do not have a claim registered with the Employment Tribunals.
Now I know that the trade unions have given this 'duff' advice to their members at times - but this advice is completely wrong - and lots of people have lost out as a result
So, if you're in any doubt register a claim - because that's the only way to protect your interests.
If you need any further details, drop me an email to: markirvine@compuserve.com
New Claims (26 August 2013)
Hopping Mad? (24 August 2013)
I've had a flood of new enquiries from readers in South Lanarkshire asking if people can still register an equal pay claim with Action for Equality Scotland (A4ES) .
The short answer is YES - of course you can and here's a previous post to the blog site that explains the background against the Employment Tribunal decision last year - which declared the Council's Job Evaluation Scheme as 'unfit for purpose'.
So, if you want to get things moving just drop me an email with your name, address and post code - and I'll arrange for the A4ES office to send out an information pack.
My email address is: markirvine@compuserve.com
The number of A4ES clients in South Lanarkshire Council has now risen to over 3,000 - I'm told.
Here's an advert from Action 4 Equality Scotland which has been placed with local newspapers in the South Lanarkshire area - spread the word.
HOPPING MAD IN HAMILTON?
The short answer is YES - of course you can and here's a previous post to the blog site that explains the background against the Employment Tribunal decision last year - which declared the Council's Job Evaluation Scheme as 'unfit for purpose'.
So, if you want to get things moving just drop me an email with your name, address and post code - and I'll arrange for the A4ES office to send out an information pack.
My email address is: markirvine@compuserve.com
The number of A4ES clients in South Lanarkshire Council has now risen to over 3,000 - I'm told.
Hopping Mad?
Here's an advert from Action 4 Equality Scotland which has been placed with local newspapers in the South Lanarkshire area - spread the word.
Several thousand workers have perfectly valid but, as yet, unregistered equal pay claims against South Lanarkshire Council (SLC).
For years SLC denied that equal pay was a problem, but a landmark judgement in the Glasgow Employment Tribunal in June 2012 decided otherwise.The Employment Tribunal ruled that SLC’s job evaluation scheme is effectively ‘unfit for purpose’ or ‘not to be relied upon’ in terms of the 1970 Equal Pay Act – which means the same is true of the council’s local pay structures.
Now this opens the door to many new claims by council workers who have been sitting on their hands perhaps waiting on the outcome of this long-running case. Because the council’s only defence to a valid equal pay claim is to have a sound and robust job evaluation scheme, but that defence has now effectively collapsed.
If you are an existing client of Action 4 Equality Scotland – which represents 2,400 South Lanarkshire workers - then you have no need to do anything. Just sit tight since your claim is well underway. But if you have not already registered a claim against SLC, you should consider doing so as soon as possible. You can do this by sending Action 4 Equality Scotland your name and full postal address:
by e-mail to: markirvine@compuserve.com
In the meantime don’t be taken in by the ridiculous propaganda of the trade unions.
For years the unions told council workers that they had no equal pay claims and they actively discouraged people from raising claims in South Lanarkshire. In effect the unions supported the council instead of standing up for their members.
The concerns that the trade unions are voicing now are crocodile tears because if they were serious about protecting their members’ interests they would have lodged protective equal pay claims years ago. The unions did this in other councils, up to a point, but neglected the interests of members in South Lanarkshire. So what they say now simply can’t be trusted.
If you were discouraged from pursuing an equal pay claim in the past, on the advice of your trade union, then a claim registered in 2012 will be worth less than claims lodged six years ago in 2006. This means that as well as having an equal pay claim against SLC, you could also have a complaint against your union.
SO DON’T DELAY – GET THINGS MOVING TODAY
