North Lanarkshire Update
Equal Value (EV) claimants in North Lanarkshire have been waiting for several years on a fair resolution of their 1st Wave equal play claims which cover the period prior to January 2007, i.e. before the introduction of NLC's new job evaluation scheme (JES).
A giant step forward was taken at a remedies hearing in Glasgow yesterday (26 May) when the Employment Tribunal issued an order requiring North Lanarkshire Council to pay the claimants an award worth over £6 million in total.
One outstanding issue is the male comparators which can been used to determine the level of compensation payable to certain of the female jobs.
The equal value jobs and male comparators that are in dispute are as follows:
Housing Warden - Refuse Collector
Clerical Assistant - Refuse Collector
Classroom Assistant - Gardener (Grade 2)
The reason these male comparators have been used during the tribunal proceedings is that they are on the same grades as Housing Warden, Clerical Assistant and Classroom Assistant using the JES introduced by North Lanarkshire Council in 2007.
But while the grades are the same in each case the actual number of points awarded by the JES are very slightly lower, in the case of Housing Wardens by 3 points and Classroom Assistants by only 1 point.
So the Council is arguing that this marginal 'points gap' means that the women's jobs are not of 'equal value' to the male jobs and so they have to rely on a lower paid comparator, thus reducing the value of their compensation in some cases.
In effect, the Council is saying is that the job of a Housing Warden or a Clerical Assistant is not 'worth' as much as a Refuse Collector - and that the job of a Classroom Assistant is not on a par with an unskilled Gardener (2).
Now I have nothing against Refuse Collectors or Road Sweepers, but I would beg to differ on this point.
What this all boils down to is that the claimants will 'bank' what is on offer just now using the lower comparator because this is of real financial significance for the people involved.
But the fight will continue to achieve a better comparator (and better outcome) for the Housing Wardens, Clerical Assistants and Classroom Assistants.
In fact, a further hearing has already been set to debate these issues on 2 July 2015 which will try to resolve the question of whether the higher male comparators can and should be used for each of the three female jobs. If this doesn't happen there may need to be further to be further proceedings on behalf of these groups.
Fox and Partners Solicitors will be issuing further advice and detailed information to A4ES clients in due course, both individually and via their web site.
I will update the blog site as soon as there is any further news.
