Taking Responsibility

I have been speaking to some journalist contacts about the situation in South Lanarkshire where lots of people say they have lost out over equal pay by following their unions' advice not to pursue equal pay claims against the Council.

If you or anyone you know is willing to speak about their experience, let me know as I'm sure the newspapers would be interested in hearing what people have to say.

Taking Responsibility (19 April 2014)



I'ver had lost of emails from readers in South Lanarkshire who say that they've been badly advised by their trade unions over equal pay - here's a typical example with the person's details being withheld for obvious reasons.

Now my view is quite clear - trade unions are large, well resourced organisations and if they have given their members the wrong advice, the the leadership of the union should accept the responsibility for what's happened. 

Because a big organisation like a trade union has much broader shoulders than any individual member, especially one that's low paid.

And as so many people within the trade union movement like to portray themselves as 'left wing', progressive and socialist - surely the right thing to do is to step up to the plate? 


Dear M

I agree with everything you say.

My view is that if you were actively dissuaded from pursuing an equal pay claim because your trade union's advice, then the union should accept responsibility for any financial losses incurred subsequently, as a result of you following their advice.

As you say, for years the unions had no interest in equal pay and their belated conversion to the cause has cost their members a lot of money which people will rightly regard as a loss of earnings, although at this late stage I suspect I suspect claims against the Council will be much harder to win.

So I would write to your trade union explaining the background and ask for legal advice and representation about the union making good any loss you have suffered from following its advice.

Kind regards



Mark   


Subject: EQUAL PAY SOUTH LANARKSHIRE COUNCIL

Dear Mark,

I wonder if you don't mind giving me some advice regarding South Lanarkshire Council and Unison.

I am a claimant at the moment through Unison lawyers, but due to the 5 year time bar, if I am successful I will only get 7 years money, where it should be really 13 years as I have worked for it and consider it loss of earnings.
The reason my claim wasn't in earlier is because I was turned away by several union reps first in 2005 then again in 2007, as I was told I had no case to answer! which I believed.

I was then contacted in 2011 by the union saying I maybe have a case and invited to put in a claim which I did.
My query is how or who can I claim for my 6 years loss of earnings.

Any advice would be much appreciated.

Regards


M

DIY and Equal Pay (11 April 2014)



A number of readers have been in touch about the post on advice to union members over equal pay - from around the country and not just South Lanarkshire.

A typical comment is that their union is not interested and tells people they should have registered an equal pay claim - that this was their individual responsibility not the union's acting collectively.

Now this is a very odd stance to take if you have ask me, because when trade unions try to sign up new members they make a positive case about of the benefits of union membership and actively persuade people to join.

In other words it's not a spectator sport, so where did this DIY approach to equal pay come from all of a sudden?

And if you think about it for a minute it's a completely barmy attitude for a collective body like a trade union to take - because unions don't behave this way when it comes to strike ballots for example.

In a strike ballot every single trade union member is issued with a ballot paper and is encouraged to support whatever dispute is underway - in practice the members' views count and the union is keen to secure their backing, so they pull out the stops even though the law law lays down certain rules as well. 

Likewise when it comes to the Political Fund and union efforts to encourage their members to support the Labour Party, a topical issue at the moment, but again the unions get in there and get their hands dirty - they don't sit on the sidelines.    

So how is it possible to say, with a straight face at least, that when it comes to equal pay the members are (or were) all on their own?

If you ask me, that sounds terribly odd, inconsistent and unfair.   

 

Advice to Union Members (1 March 2014)



I have received a number of enquiries from readers in South Lanarkshire - union members who claim that they were given advice by their trade union not to pursue equal pay claims against the council.

Now people are asking me what they should do and all I can do is to say what I would do in their shoes - which is to raise the issue in writing with the union by sending an email to the appropriate union general secretary.

Any letter should set out the facts and circumstances of what advice was given, when and by whom - with as much detail as possible including any written documentation and/or the names of other members who may have been given the same advice.

If it is the case that a trade union has given poor or incorrect advice, then I would expect the trade union concerned to accept that it has a responsibility to put things right - instead of allowing an individual member to suffer the consequences.

Because trade unions are big, powerful, wealthy organisations and if you ask me, it would be terribly unfair for an ordinary union member to lose out as a direct result of following their union's advice.  

So get organised, gather your evidence and state your case - if the facts speak for themselves and something has gone wrong, then any trade union worth its salt should be prepared to do the right thing.    

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