NLC Update

Here's an update letter to all A4ES clients in North Lanarkshire from Fox and Partners Solicitors.

The letter focusses on recent developments at the Employment Tribunal and the major problems which have been identified with the Council's job evaluation scheme (JES).

The advice to A4ES clients is clear - don't agree to any proposed changes in your terms and conditions until these outstanding issues have been properly resolved and with that in mind the current situation has been reported to ACAS in Scotland.

I think it's worth pointing out that in recent years the Council's Senior Management Team (SMT) have been receiving 'performance bonuses' in recent years - significant additional payments worth (collectively) many tens of thousands of pounds which are not available to other Council staff.

Now I find these payments distasteful as a matter of principle because they single out only the most senior employees for special treatment.

But I fail to see how these performance bonuses can be justified at all when the Council's SMT has presided over such a mess when it comes to North Lanarkshire's JES and other pay arrangements.     

   
Equal pay case v North Lanarkshire Council

2nd wave cases under Red Book and re-evaluation in 2006

We write further to the above proceedings and the recent updates on our website. We are writing to you directly to keep you advised of recent developments at the Employment Tribunal. As you will be aware there is a long running 2nd wave hearing taking place in the Glasgow Employment Tribunal to address your period of claim after the implementation of the Council’s Job Evaluation Scheme in 2006 under the Red Book. 

These cases are known as 2nd wave cases as most claimants have settled the first wave period up to January 2007. This hearing will restart on 4th August 2014 with dates up to 5th September 2014. Please check our website as these dates can be subject to change at short notice. (www.foxandpartners.co.uk)

Concession

At the hearing on 10th March 2014 the Council made an important legal concession and told the Employment Judge that they cannot defend their evaluations in relation to Home Support Workers,( HSW1 and HSW2), Playground Supervisors and School Crossing Patrollers. This means that the grades of all employees in these posts may be incorrect and we believe that these posts should be immediately re-evaluated under the Red Book.

We have called upon the Council to take immediate action as we do not believe that employees in these posts are receiving the correct pay. So far the Council has refused to respond. While we continue to pursue your equal pay case with our expert legal team we also urge you to make representations to your local elected representatives such as your Councillor, your MP and your MSPs as we believe the Council could resolve your case now without wasting more tax payers’ money. We will continue to press the Council to work with us and our legal experts to undertake an interim re-evaluation of these particular posts as we believe that you are contractually entitled to be evaluated under the Red Book.

If the Council does not agree to re-evaluate these posts now then we will need to consider all options including further ET procedure. Please keep visiting our website for any further updates.

Local re-grading agreement

Despite the above developments and the recent concessions we have been told that a number of claimants have received letters about a previous local re-grading agreement for Home Support Workers. In the present circumstances you should not sign any paperwork which may affect your ongoing equal pay case and your present pay grade.

We set out below the reasons why you should not sign.

1. We believe that the re-grading in 2013 is not a proper evaluation

2. We understand that the HSW 3 is also on wrong grade so grade 3 is still wrong

3. The Council have stated to the Tribunal that the re-grading was always wrong so we believe that grades and backdated pay should go back to 2006 / 2007

4. Any back pay which you may be due should be for all these years from 2007 until 2014 with increments and interest

5. The Council agree that the job of HSWs has got harder so your score may be even higher

6. The Council have admitted that they got more than one factor in the job evaluation wrong

7. We believe that the Council are seeking to mislead and delay matters

Instead of signing now you should write to the Council stating that you need more time to consider matters carefully and to take advice. We have already posted this advice on our website and we have received a large number of letters for your files. It is very important that you do not sign any documents without seeking advice. We are meeting with our QC Daphne Romney and our legal team next month to review any further preparation which may be required before the hearing restarts in August. Please keep visiting our website for regular updates.

ACAS

We can advise you that we have raised our concerns with ACAS who can intervene in collective disputes. We have explained that despite making a substantial concession at the Employment Tribunal on 10th March 2014 the Council remains unwilling to enter local discussions with us about the incorrect evaluations for over 1,000 claimants. We are pleased to tell you that ACAS have agreed to intervene and we have requested an urgent meeting with the Chief Executive and the Leader of North Lanarkshire Council as soon as possible. We will keep you advised of developments with the intervention of ACAS.

Ongoing PH – 2nd wave cases

There are further dates in the diary to address the remaining evaluations of posts not subject to the recent concession. We will post regular updates regarding any further developments. The Hearing is open to the public and we would encourage you to attend to see all the legal work we are undertaking on your behalf. You do not need to stay for the whole day, the tribunal normally sits from 10am until 1pm and then from 2pm – 4pm. All dates are posted on our website (www.foxandpartners.co.uk) but please be aware that these dates can change at short notice.

You may be aware from recent press coverage that we have reached full and final settlement with the next door local Authority, South Lanarkshire Council. We are pressing North Lanarkshire Council to engage with us in reasonable settlement discussions rather than prolong these legal proceedings. If you wish to raise your concerns with your elected representatives this may bring the Council to the table for discussions.


Please also note that it is still possible for new claims to be lodged so you may wish to advise your colleagues that there have been adverts in the local press and a number of local meetings.

In the meantime please be assured that we are doing everything possible on your behalf to bring your case to a successful conclusion as soon as possible.