Pensions and Equal Pay

The Motherwell Times reports that the equal pay pensions row in North Lanarkshire Council is still not resolved.

I have to say I'm surprised that Scottish Ministers have not stepped in to give the council a well deserved 'kick up the arse' because its a previous decision of Scottish Ministers which North Lanarkshire Council is failing to observe.

NLC's excuse for the delay is truly pathetic and they have been saying the same thing for months and months:

"The council is fully committed to meeting its equal pay obligations. The volume of claims in this case, and the complexity of the information requiring to be exchanged with Strathclyde Pension Fund, means the process has taken longer than we had hoped. However, we are working hard to resolve any outstanding issues and expect to be able to complete the process shortly.”

The equal pay claimant (D) who wrote directly to Nicola Sturgeon tells a very different story - D says:

"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."

The good news is that the GMB union have taken up the case and have threatened the council with further legal action - no wonder!

https://www.motherwelltimes.co.uk/news/politics/gmb-demands-action-is-taken-1-4695623

GMB demands action is taken

The employees union, the GMB have set out an ultimatum to North Lanarkshire Council.
Published: 17:20Friday 23 February 2018

GMB Scotland has demanded that North Lanarkshire Council bosses urgently recalculate and reward the pensions of hundreds of women affected by the equal pay scandal.

It has emerged that despite the resolution of second wave equal pay claims across NLC in 2016, claimants have not had the value of their pensions readjusted to reflect the settlement payments awarded after years of pay discrimination.

Percentages were subtracted from the equal pay settlements of the union’s claimants to reflect wage deductions for pensions, but NLC has yet to return the value to its employees.

The GMB has now instructed its legal affiliate to pursue compensation for those members who are retired and those who continue to be underpaid as a result of the council’s failure to pay the necessary monies.

GMB Scotland Organiser Hazel Nolan said: “The failure of NLC to properly recompense our members’ pension entitlements following their equal pay settlements is legally and morally indefensible.

“That our members are still waiting for the value of their pensions to be readjusted nearly two years after settlements were reached with the council is shameful and we have been left with no choice but to pursue this through the appropriate legal channels.

“At best this is maladministration by the council but at worst they are unlawfully retaining money that belongs to our members. This requires immediate action from the council otherwise they will find themselves back in the courts.”

North Lanarkshire Council responded, saying: “The council is fully committed to meeting its equal pay obligations. The volume of claims in this case, and the complexity of the information requiring to be exchanged with Strathclyde Pension Fund, means the process has taken longer than we had hoped. However, we are working hard to resolve any outstanding issues and expect to be able to complete the process shortly.”

  

Message for the First Minister (10/02/18)

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. 

Sent: Thu, Feb 8, 2018 1:52 pm
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.

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.