Breaking News - Glasgow 'Council Family' Update
Here is a copy of Annemarie O'Donnell's latest email to the Glasgow 'Council Family' along with my own thoughts (in caps and bold) on some of the key issues involved and what's really happening behind the scenes.
Subject: Equal pay: message from Annemarie O'Donnell, Chief Executive
In the last week you may have read coverage of the council’s position on equal pay.
THE CITY COUNCIL IS RATTLED BY THE SUCCESS OF THE CLAIMANTS' EQUAL PAY CAMPAIGN
This coverage was prompted in part by the publication of the Accounts Commission’s Best Value Report into GCC, and in part by the decision by UNISON and the GMB to move towards industrial action.
THE COUNCIL AND ITS SENIOR OFFICIALS HAVE BEEN GETTING A VERY BAD PRESS OF LATE - AND RIGHTLY SO
I am concerned that some of the public discussion about this may have given you an inaccurate impression of the work we are doing to settle these disputes and so the purpose of this note is to provide clarity.
I AM LOSING THE ARGUMENT HANDS DOWN SO I NEED TO SAY SOMETHING - IS MY JOB ON A SHOOGLY NAIL?
The first, and most important point to make is about timing.
THE COUNCIL HAS BEEN MOVING AT THE 'SPEED OF A GLACIER' FOR MONTHS - BUT PLEASE PUT THIS TO ONE SIDE
The Leader of the Council and I are committed to ensuring that all of our staff are paid appropriately compared with their colleagues. We are also committed to ensuring that where this has not been the case in the past, that people are compensated for that. Finally, we are both committed to reaching an agreement with the claimants and their representatives by negotiation rather than litigation.
THE COUNCIL LEADER AND I DISAGREE ON WHETHER THE WPBR IS 'UNFIT FOR PURPOSE', BUT WE ARE DESPERATELY TRYING TO PAPER OVER THE CRACKS
All parties agreed that a calendar year would be required to deal with the complexities of a negotiated equal pay settlement. That wasn’t imposed, that was agreed and was the considered view of the Claimants’ Representatives who have, after all, considerable experience in negotiations of this sort.
NO IT WASN'T, DON'T BE RIDICULOUS - NO ONE AGREED THAT SETTLEMENT TALKS HAD TO LAST A FULL CALENDAR YEAR
We have not reached the end of this process.
SERIOUS NEGOTIATIONS HAVE NOT EVEN GOT OFF THE GROUND - WHO ARE YOU KIDDING?
You may have read that the trade unions involved in these negotiations are balloting their members to consider industrial action in an attempt to force the council to speed up this process.
YES, BECAUSE THE COUNCIL HAS BROKEN PREVIOUS ASSURANCES TO NEGOTIATE IN GOOD FAITH
I have to say in all honesty that we are moving as quickly as we possibly can. This means that regardless of whether industrial action is taken, the process will take the length of time agreed.
AFTER 8 MONTHS AND 18 SEPARATE SETTLEMENT MEETINGS NOT ONE SINGLE THING OF REAL SUBSTANCE HAS BEEN AGREED - OR IS IN THE PROCESS OF BEING AGREED
We expect to respond to the claimants’ initial offer in December, and we expect to negotiate the details of that response through October and November with the Claimants’ Representatives.
ARE YOU SERIOUS? HOW CAN THE COUNCIL RESPOND AT THE FAG END OF 2018 AND EXPECT AGREEMENT TO BE REACHED WITHIN A FEW DAYS?
I need to be clear that it has never been the intention that this be a ‘take it or leave it’ offer. It will, instead, have been arrived at following negotiations on the various elements that make up the claims and the council will be available to continue negotiations following submission of its response should the Claimants’ Representatives request that. It is likely that this part of the negotiating process will be both far more frequent and far more intensive than in the earlier part of the process.
WELL THAT'S NOT WHAT THE CLAIMANTS' SIDE SAY
There are a few other points on which I think it is important to be clear.
· One of the first acts of the current Administration was to abandon any appeal route and instruct that negotiations were to commence aimed at reaching an agreed settlement of the outstanding Equal Pay claims. This was important because without this commitment matters could have dragged on for at least another 18 months to the Supreme Court, but for a number of years after then through Employment Tribunal. The Council committed to settling in a year; litigation would have taken at least four.
THE CURRENT ADMINISTRATION ABANDONED ITS APPEAL BECAUSE IT LOST TWO UNANIMOUS DECISIONS AT THE COURT OF SESSION, SCOTLAND'S HIGHEST CIVIL COURT
THE ADVICE OF SENIOR OFFICIALS (WHO ARE STILL LEADING THE COUNCIL SIDE OF THE SETTLEMENT 'NEGOTIATIONS') WAS TO CONTINUE THE FIGHT TO THE UK SUPREME COURT
· In June, six months into the process, the council committed to abandoning its WPBR pay and grading system. This was noted and appreciated by the Claimants’ Representatives. It is no small matter because it requires the implementation, by agreement with the Trade Unions, of an alternative Job Evaluation system which will affect not just the claimants but all of the council’s employees.
THE COURT OF SESSION JUDGED THE WPBR TO BE 'UNFIT FOR PURPOSE' BACK IN AUGUST 2017
DOES THE COUNCIL'S CHIEF EXECUTIVE ACCEPT THE JUDGMENT OF SCOTLAND'S HIGHEST CIVIL COURT THAT THE WPBR PAY SCHEME DISCRIMINATES AGAINST THE COUNCIL'S LARGELY FEMALE WORKFORCE?
· The cost of settlement is unknown and cannot be known because it is subject to a negotiating process that is not complete. However, it is known that it will be at a level that dwarfs other council investment programmes. In August the Claimants’ Representatives were advised, by the Executive Director of Finance that good progress was being made in securing funding and that he was confident that sufficient funding would be secured to support a fair and reasonable settlement. This is important because the negotiation process would be futile if the council was unable to fund any settlement arrived at. But it also reveals the level of commitment of the council to deal with this matter because funding at this level will produce a financial burden that the council will have to address stretching years into the future.
THE COST OF SETTLEMENT IS UNKNOWN BUT IS BASED ON THE 'PAY GAP' BETWEEN TRADITIONAL MALE AND FEMALE JOBS - THE PAY GAP IS KNOWN AS ARE THE MALE COMPARATORS WHICH CAN BE USED TO DETERMINE OFFERS OF COMPENSATION
· A significant demand from the Claimants’ Trade Unions was that Cordia – the service where claimants are most heavily represented – be returned to the council and that terms and conditions be harmonised with the council. The council took a decision to do exactly that. Moving around 7,000 employees from one employer to another is a significant undertaking, but this will take place at the end of September.
THE COUNCIL MOVED STAFF OVER TO CORDIA IN A CYNICAL EFFORT TO ESCAPE ITS OBLIGATIONS ON EQUAL PAY
THE COUNCIL THEN TREATED CORDIA STAFF LIKE SECOND CLASS CITIZENS ON POORER CONDITIONS THAN THE REST OF THE COUNCIL WORKFORCE
THE CURRENT CHIEF EXECUTIVE (ANNEMARIE O'DONNELL) PLAYED A KEY ROLE IN THE CORDIA TRANSFER
· The council’s negotiators have consistently stated their commitment and determination to achieve a settlement in December of this year. This is consistent with the agreement that the council and the Claimants’ Representatives made at the very beginning of this process.
THE CLAIMANTS SIDE HAVE NEVER, EVER AGREED TO A LATE DECEMBER SETTLEMENT DATE
I am aware that this has been a frustrating process for people. However I am confident that this process of negotiation will be complete in as quick a time as possible, and far quicker than any other local authority of similar size to Glasgow has managed it.
THIS IS NONSENSE - GLASGOW'S SENIOR OFFICIALS BEEN DEFENDING THE WPBR FOR 12 YEARS EVER SINCE THE SCHEME WAS FIRST INTRODUCED IN 2007
SETTLEMENT NEGOTIATIONS WITH BOTH NORTH LANARKSHIRE AND SOUTH LANARKSHIRE COUNCIL TOOK LESS TIME
Thank you for taking the time to read this and if you have any questions then please get in touch at ask Annmarie
PLEASE NOTE THAT YOU MAY NOT GET A STRAIGHT ANSWER - OR INDEED ANY ANSWER - TO A STRAIGHT QUESTION
Regards,
Annemarie O’Donnell
Chief Executive