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Morton Fraser Lawyers are delighted to be working with Unison to represent their members in their equal pay claims against Glasgow City Council and other Glasgow City Council employers.
UPDATE - 30 August 2019
We have now received the offers from the Council for the bulk of the delayed claimants. We are now working on checking the offers and we should be able to send the settlement documentation out to these claimants early next week. Please do not call the office for an update as this only slows down getting the offers out to you.
Offers for deceased claimants will be released by the Council as and when they have received and checked the correct documentation from the deceased's executors.
Claimants who are waiting for their claims to be re-instated by the Tribunal will receive an offer once their claim is re-instated and the Council has received and checked a copy of the Tribunals' judgment.
Settlement offers were posted out first class on 23 May 2019 to those that are eligible to receive an offer.
It is very important that you closely follow the instructions enclosed with your pack to avoid any delays. Once you have returned your documents we will send you an acknowledgement to let you know they have been received and forwarded to the Council. The Council have 28 days to pay your settlement from the date they receive your documents.
We are dealing with over 5,000 claims so please do not contact us to enquire about the progress of your offer or how your offer was calculated. Everything you need to know should be in your offer pack. A list of frequently asked questions (FAQs) on the settlement deal can be downloaded here or visit the Unison Scotland website for more details. If the FAQs don't answer your query please email email@example.com setting out the nature of your query and giving your NI number. Email enquiries will be dealt with more quickly but if you don't have access to email call 0141 342 2832.
Before emailing, please bear in mind that we cannot answer questions about:
the confidential method the Council used to calculate your offer
why your offer is different from someone else's
why your offer can't go back more than 5 years from your earliest claim (it's the law)
WHAT IS IN YOUR OFFER PACK
Settlement packs will include the following:
2 copies of the Settlement Agreement
Data Check Sheet
Please email firstname.lastname@example.org if any documents are missing or you need replacements.
If you are a Unison member who wants to bring a new claim you will need to complete a Caseform. Caseforms can be obtained by contacting Unison directly on 0141 342 2832. Please note that Unison will not be issuing any new Caseforms until after 1 July 2019 so we will not be able to lodge a claim for you until after that date. Any Caseforms submitted before the January deadline are now being processed.
The first step that we take is to start the Early Conciliation process with ACAS on your behalf. Unison will also submit a grievance to your employer on your behalf. Finally, once we have completed these steps we will lodge an Employment Tribunal claim for you and send you a copy of the claim form.
We will not send you a copy of your claim until we have received a case number from the Employment Tribunal and a copy of the Council's response to your claim. The Tribunal currently has a huge backlog so we would ask you to be patient whilst we wait for these documents to be issued by the Tribunal.
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.
If you had an equal pay claim supported by Unison in which you were represented by Thompsons you should have received a mandate 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 since your claim was lodged please send details to: email@example.com.
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.
The claims that were lodged prior to August 2017 were 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 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. On the 17th of January 2018 the Council decided not to appeal the decision any further. Instead, the Council agreed to talks with the unions regarding settlement.
The claims will now be put on hold ('sisted') at the Employment Tribunal until the implementation of the new job evaluation scheme. We will then re-start settlement talks about the period after March 2018. We do not expect these talks to happen until April 2021 at the earliest.
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: firstname.lastname@example.org.
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 NI number and Tribunal case number if possible.