Message for the First Minister
An enterprising reader and retired employee of North Lanarkshire Council has written directly to the First Minister, Nicola Sturgeon, regarding the councils' failure to act upon repeated requests to make people's equal pay settlements payable on a pensionable basis.
I do hope the Scottish Government does not respond by saying that NLC is an 'independent entity' and that Scottish Ministers, even the First Minister, can't tell the council what to do.
Because Scottish Ministers have a responsibility here since it is a ministerial decision North Lanarkshire Council is thumbing its nose at - following a successful campaign mounted by A4ES in 2016.
If you ask me, a public dressing down would be entirely justified there is no excuse for this appalling delay.
I other readers in the same position will be inspired to follow D's lead by asking the First Minister to intervene.
Subject: Fw: FAO Nicola sturgeon pension delay
Dear Nicola,
I'm writing to you to see if you can help me get my equal pay/Pension updated by North Lanarkshire Council.
I retired with 20 years service in 2012 and I received my equal pay settlement in January 2017.
NLC deducted money for N.I. tax, and a hefty payment to the strathclyde pension fund from my settlement.
After a year waiting, my pension has not been updated - in fact, Strathclyde pension fund have not been given the details to update/backdate my pension rights.
I have repeatedly complained to NLC over the past year and I enclose the latest emails from Paul Jukes.
This is the stock answer, then I hear nothing at all.
MSP Brian Whittle's office is looking into the matter ( since December 2017 ) but I think they are giving him the same treatment.
The equal pay settlement was deemed pensionable by Scottish Ministers but it would seem that NLC are ignoring that fact.
Looking to hear from you soon,
D
Pensions and Equal Pay (02/02/18)
I said I would share my thoughts about how to bring North Lanarkshire Council to account over its continued failure to action requests from former employees to have their equal pay settlements made on a pensionable basis.
So here you are and if people let me know how they get on, I'll share their experiences on the blog site - without naming names or using anyone's personal details, of course.
Step 1
Write a formal letter of complaint to the chief executive of North Lanarkshire Council, Paul Jukes whose email address is: jukesp@northlan.gov.uk
Even if you have written previously, send a further letter explaining how long you have been waiting on the council to act upon your request.
Say that if you don't receive a satisfactory answer within 7 days, you will take your complaint to the Local Government Ombudsman.
Step 2
Write a letter to your local MSP and ask for their support - provide copies of posts form the blog site or send them the relevant links from: www.action4equalityscotland.blogspot.com
If you don't know the name of your MSP you can find this via the Scottish Parliament web site: http://www.parliament.scot/msps/current-msps.aspx
Step 3
Write to the First Minister, Nicola Sturgeon, and ask why you should have to fight so hard to have your equal pay settlement made on a pensionable basis when this issue was decided so long ago by Scottish Ministers: scottish.ministers@scotland.gsi.gov.uk
Ask what Scottish Ministers can do to help, notwithstanding the fact that North Lanarkshire Council is an 'independent' body there is no reason that other politicians cannot intervene and publicly criticise the council, if necessary.
Scotland's MSPs, MPs and Government ministers speak out say on all kinds of things every day of the week and they're not slow to criticise what goes on in every other walk of life.
So let's hear what they have to say about North Lanarkshire's foot-dragging behaviour - for which there are no excuses.
Step 4
Register a complaint with the Scottish Public Services Ombudsman using their online complains form: https://www.spso.org.uk/complain/form/start/
The SPSO normally requires a 'final response' from the organisation being complained about, but this is your opportunity to explain how long you have been given the run around and continually fobbed off by North Lanarkshire Council.
Pensions and Equal Pay (4)
Here's an email I received from a regular reader, a former union member, who is being given the run around by North Lanarkshire Council over a request for their equal pay settlement to be made on a pensionable basis.
Now this is appalling if you ask me, an absolute disgrace, because the issue has already been decided in the claimants' favour by Scottish Ministers, after a successful campaign in 2016 fought by A4ES.
So what in God's name is North Lanarkshire Council playing at and why is the council treating its former employees with such terrible disrespect?
Hi Mark,
I hope you are keeping well - and well done in bringing Glasgow City Council to heel at last!
I just read the blog on equal pay and pensions and it's a real eye-opener. What a difference it makes to the pensions of the lower paid.
I had my equal pay settlement over a year ago from North Lanarkshire Council (NLC) and it was pensionable.
The Council made a large deduction for my pension, but have still never processed my request for my equal pay settlement to be made on a pensionable basis.
The Council made a large deduction for my pension, but have still never processed my request for my equal pay settlement to be made on a pensionable basis.
I've contacted them on numerous occasions to be told that details will be passed on to the pensions office next month, then next month, etc. etc.
I've contacted the pension office and they say they have heard nothing from NLC.
I think delays like this are unacceptable and NLC should be made to pay compensation.
What do you think?
Regards
D
But the important thing here is to refuse to get fobbed off by council bureaucrats and instead to put them under crushing pressure to do the right thing.
So tune in again tomorrow to hear what I have to say on that score.
Pensions and Equal Pay (19/01/18)
I promised to provide some information about the importance of Pensions and Equal Pay and I've been trawling the blog site archive for good examples to share.
So here are a couple of posts which date back to 2016 and the fight for equal pay in North Lanarkshire Council where A4ES waged a successful campaign to have equal pay settlements made on a pensionable basis.
In the briefing note supplied to The Sunday Herald I explained the potential benefits to equal pay claimants and the figures involved relate to a relatively small number of individuals compared to Glasgow.
"The total lifetime benefit to the claimants (collectively) would be in excess of £10 million because of the increased lump sum and annual pension benefits - and these benefits are already enjoyed by equivalent NLC male workers, of course. The additional lump sum (tax free payments) to 2nd Wave claims, for example, is worth around £800,000."
Much more to follow in the days ahead - so watch this space.
Pensions and Equal Pay (19/01/18)
As I've explained before the unions originally advised their members that this could not be done, and were not part of the dispute which went all the way to Scottish Ministers before being resolved in the claimants' favour.
As usual the unions are trying to claim credit for something when all the real work and 'heavy lifting' has been done by A4ES.
NLC Update (12/06/16)
Here's great article by Tom Gordon in today's Sunday Herald which explains the fight over pensions and equal pay that is being waged between Action 4 Equality Scotland and Labour-run North Lanarkshire Council.
The trade unions have stayed out of this battle for some reason, even though the payment of equal pay settlements on a pensionable basis results in huge benefits for the lowest paid council workers.
I plan to circulate the Sunday Herald piece around all North Lanarkshire MSPs and MPs with the aim of encouraging local politicians to join the campaign to knock some much needed sense into Scotland's fourth largest council.
North Lanarkshire Council HQ, Motherwell
By Tom Gordon - Scottish Political Editor, The Sunday Herald
A LABOUR council is facing a £1million bill after trying to duck its pension duties to hundreds of female staff it previously tried to squeeze out of equal pay.
North Lanarkshire Council has been ordered to cough up after the Scottish Public Pensions Agency (SPPA) found it tried to “obstruct” a fair deal for almost 700 women.
The 681 women were systematically underpaid for years by the council, earning lower wages than male colleagues doing jobs of equivalent worth.
Last year, after initially forcing the authority to give them back-pay through a tribunal, they reached a second negotiated settlement worth a further £7.1m, after being represented by equal pay experts Action 4 Equality Scotland.
However, their final salary pension deals remained below those of male counterparts, as their contributions were lower while they were underpaid.
According to recent local government pension regulations, all back-pay must be treated as “pensionable”, meaning bigger pensions and bigger lump sums for those affected.
It also means errant councils must top up their employer contributions to pension funds.
However in February North Lanarkshire tried to sidestep its duties to the Strathclyde Pension Fund, which covers the female staff, by claiming the women’s second round of back-pay was actually a form of negotiated “compensation” and therefore not pensionable.
The women’s lawyers appealed to the SPPA in March, pointing out the potential differences would be profound if the back-pay was not made pensionable.
Some of the North Lanarkshire women would be denied a pension rise of £1500 a year and lump sums of more than £4000, a lifetime difference of around £50,000.
The SPPA has now ruled the council “misconstrued” the law, and criticised its arguments as “confused and an obstruction to finding an equitable solution to the disagreement”.
It said the council must pay the income tax and national insurance on the second wave of back-pay as well as employer contributions, an estimated total of £1m.
Although the women would also need to make contributions of around £360,000, this should ultimately bring them £10m in higher pensions benefits.
The council now has until August 20 to decide whether to fight the decision by launching a costly judicial review at the Court of Session.
Elizabeth Cross, 67, from Gartcosh, who retired four years ago after a decade as a home support worker in North Lanarkshire, would be £28,000 better off under the SPPA ruling.
She told the Sunday Herald the council’s refusal to pay up was “terrible”.
She said: “It’s ridiculous. This is the second time down the road. They discriminated against the women that worked for them over equal pay and now they’re doing it again over pensions.
“We should get exactly the same pensions as the men. All the girls are raging.
“The council are lucky they still have any women working for them, the way they have treated us all. It’s disgusting what they’ve done.
"Everyone in North Lanarkshire should be kicking up about the money the council are wasting trying to get out of paying us what we’re owed.”
Lawyer Sarah Gilzean of HBJ Gateley, who represented the women’s case to the SPPA, said: “We think the SPPA decision is unequivocally in our favour.”
Stefan Cross QC, of Action 4 Equality Scotland, said: “I find it incredible that a Labour-run council has been fighting tooth and nail to deny low-paid women workers the right to equal treatment under the Local Government Pension Scheme. If North Lanarkshire had got its way, some of the council's lowest paid workers would have been penalised for the rest of their lives.
“We welcome the landmark decision of the SPPA and we are calling on North Lanarkshire to face up to its obligations, accept this decision and do everything they can to ensure the lowest paid council workers are able to maximise their pension benefits."
A spokesman for North Lanarkshire Council said: “We note the decision of the Scottish Ministers in this case. We are examining the decision and will reach a view on our next steps in due course. However, the council remains committed to equality and has settled more than £100m of claims. We will continue to do so where these are justified.”
North Lanarkshire Update (14/06/16)
Because this a really big deal for the people involved and if you ask me, it's a disgrace that low paid workers are having to fight so hard to achieve equal treatment under the Local Government Pension Scheme.
North Lanarkshire's 'male comparator' jobs don't have this problem and nor do the Council's senior officials.
Dear MSP/MP
NLC, Pensions and Equal Pay
Here's a post from my blog site about the ongoing dispute over Pensions and Equal Pay in North Lanarkshire Council.
I also attach a briefing note I supplied to Tom Gordon at the Sunday Herald which explains that there are, in fact, two categories of claimant, i.e. 1st and 2nd Wave.
North Lanarkshire Council has been dragging its feet over the 1st Wave claimants for more than a year and while the Council has until August 2016 to decide to appeal the 2nd Wave judgment, via a judicial review to the Court of Session, the right thing to do surely is to accept the SPPA decision and the principle of equal access to the Local Government Pension Scheme.
I will be encouraging A4ES clients to contact their MSPs and MPs for support and if you require any further information on these issues, please drop me a note at: markirvine@compuserve.com
Kind regards
Mark Irvine
Briefing note for the Sunday Herald
1 Two categories of claimants exist - 1st Wave and 2nd Wave
2 The 1st Wave claims relate to the period prior to the introduction of new job evaluation based pay arrangements in 2007 - the 2nd Wave claims related to the period after the introduction of JES in 2007.
3 The 1st Wave claims have been adjudicated by a formal decision of the Glasgow Employment Tribunal in May 2015 - North Lanarkshire Council accepts that these claims can and should be made pensionable if the claimants wish so, but over a year after the ET decision the Council has still not actioned people's requests, having deducted employee NI contributions from claimants' awards.
4 The 2nd Wave claims have been achieved by a negotiated settlement (rather than an ET award) and this is the issue that was tested by the Scottish Public Pensions Agency (SPPA). NLC's position is that although the settlement represented 'arrears of pay' they should not count for pension purposes - and that position was rejected by the SPPA on behalf of Scottish Ministers.
5 A total of £218,000 in NI contributions was deducted from A4ES clients as part of the 1st Wave award, but only 35 of these clients would benefit from having their awards paid on a pensionable basis because of the final salary year pension rules and the fact that NI deductions are mandatory, even if the individual benefit derives no direct benefit from their NI contributions.
6 The 35 A4ES clients who would benefit from their awards being made pensionable have already had £27,000 deducted from their settlement awards but have gained no benefit from these payments even though some have been retired for years - NLC is required to pay an additional £65,000 but over a year later people are still waiting on the Council getting its finger out and pass both employees and employer contributions (£92K) to the Strathclyde Pension Fund.
7 Of the total number of 2nd Wave claimants 681 would benefit from their settlements being made on a pensionable basis - the total cost of this to the claimants would be £360,000 and to NLC £915,555 - by way of additional NI employee and employer costs.
8 The total lifetime benefit to the claimants (collectively) would be in excess of £10 million because of the increased lump sum and annual pension benefits - and these benefits are already enjoyed by equivalent NLC male workers, of course. The additional lump sum (tax free payments) to 2nd Wave claims, for example, is worth around £800,000.
9 I have spoken with two A4ES clients who are willing to be interviewed and have their photos taken - W who is a 1st Wave claimant and C who is a 2nd Wave claimant, both are retired.
10 Action 4 Equality Scotland has been pursing this issue on its own up until now, i.e.. without any support from the trade unions, although hundreds of union members stand to benefit from the recent SPPA ruling as well.
I'll give you a ring later today to discuss how you want to proceed and I can provide further comments via Stefan Cross QC and Sarah Gilzean at HBJ Gateley, the solicitors acting for A4ES clients.
Regards
Mark
