Weasel Words in NLC

Here's a 'weasel worded' press release from the bosses at North Lanarkshire Council which is full of misleading and inaccurate statements that I will deal with in a moment.

But first of all I'd like to say that the Labour politicians who have been running North Lanarkshire Council for the past fifteen years are now in a blind panic because a terrible backlash is building up over the way the Council has handled equal pay.

And while it's true that settlement negotiations are being conducted by senior council officials, these are the same officials, broadly speaking, who have made a complete dog's dinner of equal pay over the years and implemented local pay arrangements (after consulting the trade unions) that blatantly discriminate against traditional, female dominated jobs.

So if you ask me, the buck stops with the politicians because they set the Council's overall strategy and have the final say about the size and scope of any settlement of all the outstanding claims, which is exactly what happened in neighbouring South Lanarkshire Council as well.

At the moment the parties are still very far apart and there is no ongoing negotiation, despite what the Council says. Action 4 Equality Scotland (A4ES) rejected the council's settlement proposals because they were completely unacceptable.  

Another point on which The Council's press release if incorrect is on the subject of interest due on backdated awards because this is not the only or main point of contention - as far as A4ES is concerned the issue of identifying relevant comparators is much more important. 

'Comparators' are used to determine the size of the pay gap between traditional male and female jobs and the Council has been trying to manipulate this issue to its own advantage and to the detriment of the claimants. 

So Action 4 Equality Scotland will only be prepared to reach a  settlement that is fair, just and in the best interests of our 3,000 plus clients in North Lanarkshire - and if the Council wants to speed things up, all they have to do is to put a realistic settlement offer on the table.

North Lanarkshire Press Statement 

North Lanarkshire Council has expressed its “extreme regret” at the length of time talks on equal pay are taking to resolve.

The council entered into talks earlier this year on what are known as ‘second wave’ claims. An offer to second wave claimants’ representatives was made some weeks ago, and negotiations on that offer are continuing with further information and calculations currently being provided to claimants’ representatives.

June Murray, the council’s Executive Director of Corporate Services, said: “It’s important that our employees know where things currently stand. We have made an offer to the claimants’ solicitors and the council remains in talks in good faith to try to reach a solution.

“There is no doubt that we are very disappointed by the pace of reaching agreement on this, as we are sure the claimants are. These issues are extremely complex but we remain committed to settling equal pay claims where those claims are justified as soon as possible." 

The council has already settled around 6500 claims totalling £36million.

One of the trade unions involved in negotiations is urging its members to protest at councillors’ surgeries. However, Mrs Murray believes this will not be effective as the matter is out of councillors’ hands. Responsibility is on officers to conduct negotiations and ensure that all claims are valid. 

She explained: “Our councillors approved negotiations and are receiving regular progress reports. Until there is a proposal which we are agreed on – which councillors will have to approve – there is nothing for those members to decide.

 “Protesting at surgeries could cause difficulty for people who need to see their councillor on extremely serious and urgent topics and staging such protests could disrupt those discussions. Given the negotiations are active and ongoing we are surprised by this turn of events.”

The full update – available on the council website at www.northlanarkshire.gov.uk – also details the position on another group of claims, those known as ‘first wave’ claims.

The council agreed last year to settle first wave claims. Mrs Murray explained that ‘the main barrier to achieving agreement with the claimants representatives was failure to  reach agreement on the level of interest to be applied.The Employment Tribunal’s ruling on interest is awaited. An offer made on behalf of the council’s remains on the table.

QUESTIONS AND ANSWERS ABOUT EQUAL PAY

20 November 2014

What is the status of the current outstanding claims against the council?

There are two groups of claims we are currently involved with. The first group of claims are what are known as first wave claims.

The council agreed last year to settle these. However, there is a disagreement about the rate of interest to be applied to the settlement and tribunal proceedings continue in respect of this. This is for a remaining group of claimants, around 350, represented by one legal firm. Settlement terms have already been reached with two other groups of claimants.

Despite claims to the contrary in recent media reports, the tribunal panel has made no ruling in respect of the rate of interest to be applied. Regrettably, despite the council's best efforts, this has meant that these claims have not been settled as quickly as either the claimants or the council would have wished.

The much larger group of claims are known as second wave claims. Earlier this year the council entered into negotiations with lawyers for the claimants with a view to settling these claims where that was appropriate.

What is the current status of those negotiations?

A number of weeks ago, the council made an offer in respect of these second wave claims. While that offer was not considered suitable by the claimants’ representatives, further talks remain ongoing between the parties.

Why is this taking so long?

These are complex issues, compounded by the transfer between the parties of large and detailed volumes of information. However, the council is frustrated by the pace – or lack of it – in its bid to reach a settlement.

The council is not dragging its heels on this issue. We believe it is in everyone’s best interests to deal with this as quickly as possible.

What is the role of elected members?

Elected members approved the start of negotiations. These talks are now being led – as is proper – by lawyers. If a settlement can be agreed in principle then councillors will be asked to approve that but there is nothing elected members can do at this stage. Regular updates are brought before members for their consideration and any decisions required on an ongoing basis will be made by elected members.

Are these the first equal pay claims the council has settled?

No. The council has already settled around 6500 claims to the value of around around £36million.

Why doesn’t the council just settle this by paying the claimants what they want?

The council has always adopted an approach of settling equal pay claims where such a settlement is justified. However, the council also has a duty to the public purse and must ensure best value.

Every individual claim requires checking and it is often the case that errors are made in the calculation of the claim by the claimant or their representatives. This in itself is a complex process.

When can we expect a resolution?

In both first and second wave claims the council has made what it considers to be appropriate offers. These offers remain on the table.

Had these offers been accepted many claimants could have received a settlement by now. Regrettably that hasn’t happened, but the council remains committed to negotiation and we would like to see this resolved as quickly as possible.