Questions and Answers

I noticed some more Facebook posts on the question of - "How far does my equal pay claim go back?"

Now I've explained how this works in previous posts to the blog site, but to summarise things again:

• The equal pay 'clock' only starts ticking once a claim has been registered
• A claim also jumps back five years in time from the date it was first registered 
• A claim cannot go back in time beyond January 2007 which is when the Council's WPBR pay scheme was introduced   

  

Questions and Answers (31/01/19)

I said I would provide a more detailed explanation on this business of calculating the length of an equal pay claim.

1) The settlement period starts from January 2007 because this is the year when the WPBR was originally introduced - so no one can go back beyond January 2007.

2) The end date of the settlement period has still to be agreed with Glasgow City Council, but this will be somewhere between 31 March 2017 to 31 March 2018.

3) Claims already registered in January 2007 continued to 'add on' time going forward until the agreed settlement date,  so long as the claimants remained employed with Glasgow City Council.

4) If a claimant left the Council's before the agreed settlement date, their claim goes up to the last day of their employment with GCC.

5) If a claim was registered after January 2007, the claim can jump back in time for a maximum of 5 years - assuming the claimant had 5 years service at the time.

6) For example, a claim registered in January 2012 would jump back to January 2007 - and would also start to 'add on' time going forward from January 2012 up to the agreed settlement date.

7) Any claims registered later than January 2012 cannot go all the way back to the beginning because the '5 year rule' is laid down by Scots law and applies to all Glasgow equal pay cases. 

8) The period beyond the settlement date has still to be resolved in future discussions with Glasgow City Council since the WPBR is still in operation in 2019 and will not be replaced for some time, possibly in 2021.

9) Let's assume the WPBR is replaced on 31 March 2021 and that the current settlement date goes up to 31 March 2018 - this leaves a 3 year 'gap' period period which is not covered by the current settlement agreement and may result in GCC employees pursuing additional equal pay claims in 2021.

I hope this makes sense, but I'm happy to give it another crack if anything is less than clear.

The key points are that the equal pay 'clock' only starts ticking once a claim has actually been registered and the maximum period of any claim is 12 years - assuming a settlement date of 31 March 2018.

 

More Questions and Answers (15/02/19)

The following advice letter has been sent today to all A4ES clients in Glasgow.

A printed version was sent by post yesterday and a digital version has been emailed to everyone else today, so that people receive the information at roughly the same time - otherwise the rumour mill starts going crazy.

If any clients have not registered an email address with A4ES, you can do so by contacting the A4ES office at: enquiries@action4equality.co.uk

Please don't phone the office unless you have a very urgent query, as this just slows down the ability of Karl and his team to get on with the settlement process.

As further information comes out in the weeks ahead there will be plenty of time for people to check and amend important details, so there is no need for anyone to panic or get anxious.

But the best way to raise any queries is by email so if you haven't yet registered an email address with A4ES, please consider doing this as soon as possible. 

As the letter says, don't listen to the 'rumour mill' when it comes to Glasgow and Equal Pay - A4ES is and always will be your best and most reliable source of information.

So keep watching this space.

  

15 February 2019

Dear A4ES Client

Glasgow and Equal Pay

I am writing to update you on your equal pay claims against Glasgow City Council.

The good news is that following 18 months of negotiation meetings with the Council we have eventually managed to reach a partial settlement. The details of the agreement are part of a memorandum of understanding (MOU) and includes an agreed method of calculating each of the claims. The details of this document are confidential as they cover the whole of the claimant group, not just individuals.

Please don't listen to the 'rumour mill' when it comes to Glasgow and Equal Pay - A4ES is and always will be your best and most reliable source of information.

However, I can tell you that the settlement period will cover the dates from (DATES VARY FROM CLAIMANT TO CLAIMANT), which is 5 years back from the earliest date that your claim was registered with the Tribunal up until either March 2017 or March 2018, depending on the Council’s available finances, but we would expect it to be 2018. The settlement will also be based on all your actual pay for all jobs worked during this period include your overtime. The details of your hours and jobs will be sent to you along with your settlement.

If you have left the Council before March 2018 then the settlement will cover the period up until you left bringing the claim to an end once your payment has been received. If you were in the pension scheme during the period, then this will also need to be recalculated following settlement payment. We will be contacting the pension fund to try and get this done as soon as possible.

If you are still with the Council or left after March 2018, then the claim continues but the claims are put on hold at the tribunal (sisted) pending the outcome of the ongoing job evaluation study and negotiations on the new pay and grading structure. We will begin negotiations on a further payment in 2021 or return to Tribunal.

The settlement offers themselves and our advice will be sent in May 2019 and will be paid 28 days after your fully completed settlement agreement is returned. So as long as the documentation is correct on return the payment to you should be in June.

We have enclosed a Questions and Answers document which includes the most commonly asked questions.

If there have been any changes in your circumstances such as changes of name or address, please let us know about these as soon as possible. You can either ring the office or again you can email enquiries@action4equality.co.uk.

Yours sincerely

Stefan Cross (Hon) QC

Equal Pay Update – 2019
Q&A

 1. When will my offer come out?

Once the Central Administration Committee approves the deal. council finance and administrative staff will process the pay data of each claimant to produce a settlement offer. Due to the number of claims and complexity of the pay system, this is likely to take several weeks, so offers are unlikely to be Issued
before May 2019.

2. How was my offer worked out?
Your offer is worked out based on:
i. The post(s) you have held with the Council
ii. The length of time in each post
iii. The number of hours worked in the post,
iv. Subject to a maximum 5 years back from the date of your claim(s)

3. How will I know what my offer ls worth, is its full value and If less how much less?
If the council makes you an offer, you will receive detailed legal advice explaining the offer. The settlement is based on legal analysis by the claimant side lawyers, with each element of the deal being measured against possible outcomes in tribunal.
The agreement reached is a realistic estimate of what each claimant would have received in court.

4. Will I get to know my comparator?
The settlement does not use Individual named comparators as it was too difficult to Identify an appropriate comparator. Instead calculations are based on grade.

5. Do I need to advise the tax office?
No, the Council Is in contact with HMRC and will agree an amount in respect of all liabilities for Tax and National Insurance.

6. What will my tax liability be?
The Tax liability will be agreed between the Council and HMRC

7. How long will it take for the money to be paid?
It is likely that payments will be made by July 2019.

8. Will this affect my benefits?
Depending of the amount or compensation, your social security benefits may be affected. You should seek advice from a welfare rights advice service via Glasgow Advice and Information Network (GAIN)

9. This settlement only covers one period; how will the next settlement be calculated?
The current settlement preserves all of your rights for the period after settlement until the introduction of a new pay and grading scheme.
When the outcomes of the new job evaluation are known, probably in 2021, we will engage with the Council's representatives to settle the remaining period.

10. Can I refuse this offer and what happens if I do?
The offer Is considered a reasonable settlement of your claim and is being recommended by all off the claimants' representatives.
The offer is made on the basis that the claimants' representatives will stop representing those who refuse to accept our recommendation.
It would then be open to you to continue with your claim in the Employment Tribunal at your own risk and expense.

11. Are male claimants Included?
Men in female dominated roles and men who held roles that can rely on female dominated roles are included. Men In roles that are part of the male dominated comparator roles will not be included as their claims did not have a reasonable chance of success. Action 4 Equality will be writing out soon to claimants who are not included with a detailed explanation.