Glasgow's Missed Opportunity

Here's the letter I sent to the Leader of Glasgow City Council back in 2016 in an effort to kick start serious settlement negotiations over equal pay.

-----Original Message-----
From: Mark Irvine
To: frank.mcaveety
Sent: Thu, Jun 9, 2016 12:01 pm
Subject: Glasgow and Equal Pay

Dear Councillor McAveety

Glasgow and Equal Pay

As you know, I have been heavily involved in the fight for equal pay in Scotland's councils over the past 11 years during which time I have worked closely with my colleague from Action 4 Equality, Stefan Cross QC.

Glasgow City Council is now the only major Scottish council not to have reached a settlement of equal pay claims relating to the protection and assimilation period which followed the introduction of a new job evaluation scheme in 2006, known locally as the Workforce Pay and Benefits Review (WPBR).

Action 4 Equality Scotland represents over 5,500 individual clients in Glasgow and, in our view, the recent judgment of the Employment Appeal Tribunal (EAT) means that our clients have significant further claims against the City Council which are likely to succeed, even if the legal issues involved need to be fought all the way to the UK Supreme Court.

A4ES is also open to the possibility of a negotiated settlement with the City Council, but in our view this would need to involve the elected leadership of the Council, initially at least, to set the parameters of any talks and a clear timetable for their conclusion.

Please let me know if you agree that such an exploratory meeting with the Council's political leaders would be useful at this stage, because if not I intend to focus my time and energies elsewhere.

I look forward to hearing from you soon and I can also be contacted via my mobile number.

Kind regards

Mark Irvine

Now the Council never took up this offer and gambled everything on winning at the Court of Session where, as regular readers know, the Council received a terrible 'kicking' in August 2017 and again in December 2017.

The Council's strategy ended with its WPBR pay scheme being condemned as 'unfit for purpose' by the highest civil court in Scotland and the rest is history - although the full  story of Glasgow's fight for equal pay has still to be told.

A4ES would never have settled for just £70 million by the way because, as Stefan says, we didn't have the WPBR pay data at the time, so the extent of the huge difference in the treatment male and female dominated jobs had still to be uncovered.

Just as well they were, I say.     

  

https://www.heraldscotland.com/news/17472454.settlement-was-offered-three-years-earlier-to-glasgow-city-council/

Settlement was offered three years earlier to Glasgow City Council

By Margaret Taylor @MagsTaylorHT - The Sunday Herald



GLASGOW’S equal-pay battle could have been resolved for a fraction of the £550 million the local authority eventually agreed to under the terms of a potential settlement offer put forward nearly three years ago, the Herald on Sunday can reveal.

Stefan Cross of Action 4 Equality Scotland, which represents the majority of the 16,000 mainly female workers who secured the mammoth settlement in January, said he approached the council in June 2016 with the intention of bringing an end to the long-running dispute.

“We had a short meeting with [then council leader] Frank McAveety and [HR director] Robert Anderson to discuss the possibility of resolving these matters,” he said.

“The basis was that if they paid our clients what we thought they were entitled to under payment protection we would end the legal proceedings.

“Our estimate was that it would be about £70 million but we would have to verify the figures as we hadn’t seen the pay data.

“That was the nature of the discussion; it was us making a presentation trying to break the log-jam and them not responding at all. We didn’t succeed - thank god for that.”

READ MORE: Settlement was offered three years earlier to Glasgow City Council

At that time, the council had won an employment tribunal case saying that a job evaluation process it had completed a decade previously was sound. An appeals tribunal, however, had ruled that its practice of protecting bonuses that had previously been earned by male staff only was discriminatory.

While the women were appealing the first decision and the council the second, Mr Cross said he would have been willing to draw a line under all proceedings to settle the payment protection part only.

“Statistically, there’s only a 10% chance of overturning a tribunal decision so we knew there was a massive risk that we would lose the appeal - it was much more likely that we would lose than we would win,” he said.

“We thought we wouldn’t win until we got to the Supreme Court, although we didn’t even know if we would get the possibility to get to the Supreme Court.

“We didn’t know we would win at the Court of Session - that was the risk we were running - but it happened to be that we got a bench that clicked.”

After losing both appeals the council, which passed from Labour to minority SNP control in May 2017, agreed to settle the claims, with the £550m deal being agreed this January after a year of negotiations. To help foot the bill the local authority, which will increase council tax by 3% this year, is mortgaging a portfolio of properties including the Riverside Museum and SEC Armadillo, with the annual cost of servicing that debt expected to run into tens of millions of pounds.

Mr McAveety and Glasgow City Council both confirmed that the informal and unminuted meeting with Action 4 Equality took place, although they denied that the £70m figure had been discussed.

“This did not happen,” a council spokesman said. “Representatives of Action4Equality restated their position that the council should stop defending equal-pay claims.

“However, officers are clear that no offer was made and that figure was not put to the council.”

READ MORE: 'Scottish Labour leader Richard Leonard has failed us,' GMB leader says

Mr McAveety said that while he personally would have been in favour of negotiating an end to the dispute, his hands were tied by council officials who wanted to follow legal process.

“Senior officials said ‘this is in the courts and there’s been an employment tribunal ruling that has favoured the council’,” he said.

“The general discussion [at the meeting] was around the issue of the number of folk that Action 4 Equality were representing, an observation on the role of the trade unions and, from Stefan Cross’s point of view, that we should try to settle.

“It was left to Robert Anderson and the chief executive [Annemarie O’Donnell] to deal with and I never came back [to Action 4 Equality] because I thought there was no authorisation from the council.”

The eventual bill for the local authority is significantly higher than Mr Cross’s original estimate because, in addition to the number of claimants more than doubling since June 2016, it is compensating affected workers for having their jobs undervalued as well as for not being able to share in bonuses.

The £550m figure covers the period from 2007, when the discredited pay system was put in place, to either 2017 or 2018, with a further settlement expected to be negotiated to cover the period from that end point to when a new system is put in place.

READ MORE: Glasgow signs off £548m equal-pay deal with 16,000 workers

The new scheme is not expected to be implemented until 2020 at the earliest, with 3,000 individual jobs having to be assessed, compared and signed off by both the council and the women’s union representatives first.

The staff who are part of the claim are expected to start receiving their cash in the summer, with average payments in the region of £34,000.