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Unison Equal Pay cases

Morton Fraser Lawyers are delighted to be working with Unison to represent their members in their equal pay claims against Glasgow City Council, Cordia, Glasgow Life and other Glasgow City Council employers.

EXISTING CLAIMANTS

If you already have an equal pay claim supported by Unison you should have received a mandate from Unison asking you to give your permission for your file to be transferred to us from Thompsons. If you did not receive a mandate and you believe you have a claim which is backed by Unison please let us know.  If there has been any change in your personal or employment details please send details to: equalpay@morton-fraser.com.

NEW CLAIMANTS

If you are a Unison member who wants to bring a new claim you will need to complete Caseform. Caseforms can be obtained by contacting Unison directly on 0141 342 2832. If you have already filled out a Caseform we are in the process of starting the claims process for you. The first step that we will take will be to start the Early Conciliation process with ACAS on your behalf.  Unison will then submit a grievance with your employer on your behalf. Finally, once we have completed these steps we will lodge an Employment Tribunal claim on your behalf and send you a copy of the claim form.

TIME LIMITS AND CHANGES IN EMPLOYMENT

While your employment is continuing in your current post there is no time limit for taking a claim to the Employment Tribunal.  However, if there is any change to your employment circumstances you only have 6 months to lodge a claim from the date of the change.  You must therefore tell us as soon as possible if

  • you leave your current job;
  • you change job with your current employer;

  • there is any change to your terms and conditions;

  • your employment transfers to a new employer (known as a 'TUPE transfer');

  • or if any of the above changes have occurred in the last 6 months.

Please send details of any changes to: equalpay@morton-fraser.com

CURRENT STATUS OF EXISTING CLAIMS (Second Wave)

The existing claims have recently been the subject of two successful appeals to the Court of Session, Scotland's highest court. 

The first decision made in May 2017 was about the pay protection scheme that the Council brought in during 2006 following  the implementation of the Workforce Pay and Benefits Review.  The Court ruled that the pay protection scheme was discriminatory and could not be justified. The Council has confirmed that they are not appealing this decision any further.

The second decision - in August 2017 - was about the job evaluation scheme that the Council used to value all jobs in the Council and to establish a new pay and grading system under the Workforce Pay and Benefits Review. The Court ruled that the job evaluation scheme was fundamentally flawed, which means that the Council cannot use the scheme as a defence to any equal pay claim. The Council has now applied for permission to appeal the second judgment to the Supreme Court. UNISON will object to the application and we should hear within the next month or so whether the Council will be allowed to appeal. This does not affect the first judgment, which remains unchallenged.

Neither of the recent decisions means that the claimants are automatically entitled to compensation. However, we believe that we now have a very good chance of successfully arguing for compensation. Both Unison and ourselves are making every effort to engage in meaningful discussions with the Council about settlement.

We will keep you updated with any progress relating to settlement and with the Tribunal process. 

FIRST WAVE CLAIMS

If you have a first wave claim, this relates to your pay in the period before the Workforce Pay and Benefits Review. The appeal decsions referred to above do not apply to your case. Most of the first wave claims have now been settled and/or withdrawn. We have asked the Council for an update in relation to all outstanding first wave claims and we will update you as soon as we know more.

It is very important that you keep us informed of any changes in your personal details or your employment details as this may affect your claim.  Please send details of any changes to: equalpay@morton-fraser.com

If you do not have access to email please call the equal pay team on 0131 247 1275 and leave a message setting out the nature of your query and giving your case number if possible.