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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, Cordia, Glasgow Life and other Glasgow City Council employers.
Representatives of UNISON, Action 4 Equality, GMB and Unite have been meeting with representatives of Glasgow City Council throughout 2018. We are currently in negotiations to agree a settlement of the pay protection claims and the claims which challenged the Council's job evaluation scheme. A separate group of representatives is meeting to discuss the replacement job evaluation scheme and good progress is being made on this.
The court decisions that the claimants have won do not mean that you are automatically entitled to compensation. However, we believe that we now have a good chance of agreeing settlement with the Council. We are unable to give a timescale for this at present and we would ask for your patience whilst talks with the Council are ongoing. We will provide updates as soon as we have them.
We are processing a very high volume of new claims. If you have submitted a Caseform and you have not recieved Terms of Business from us within 4 weeks please let us know. 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 things to be issued.
It is very important that you keep up informed of any changes to 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.
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.
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 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. 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.
We agreed with the Council that we would continue with the Tribunal process as a backstop in case negotiations fail. We will keep you updated with any progress relating to settlement and with the Tribunal process. We have asked the Tribunal to put all the new cases that have been lodged since August 2017 in the same group as the earlier claims so that they will all be dealt with together if we need to have any further Tribunal hearings.
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.