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What is equal pay ?

If a woman is in an equivalent job to a man (because they're rated the same or have jobs of equal value) then she is entitled to exactly the same terms and conditions as that man. This is contract term by contract terms not aggregating at all terms together. the classic example of this is an NHS case where an electrician had a lower hourly rate of pay than a nurse but the electrician got time and a half for overtime whereas nurse and they got a time and a third. the result of this was that the electrician was able to claim the same hourly rate as the nurse and the nurse was entitled to the same overtime rate as the electrician.

For example in Glasgow home carers on the same grade as a refuse drivers but the drivers got bonuses. as a result of our challenge the home carers were able to claim compensation for not having received the bonuses.

After WPBR the men got their bonuses protected but the women got nothing. the court of session has now agreed that this was wrong and the payments will now be calculated and discussed with the council. We are also challenging WDC EDC NSWP grading and assimilation.

One big potential issue in Glasgow is the hourly rate used to calculate overtime. If you worked more than 35 hours per week then you may have a very significant claim.

Why claim with us?

Put simply it is because we have a track record of getting our clients much more than the unions have achieved for their client members. Remember in Glasgow when we started the claims in August 2005 the unions immediately agreed a compensation scheme with the council where women received only about 25% of the value of the claim whereas our clients who didn't take the original offers almost always ended up with considerably more money. Same thing happened in many other councils including at North Lanarkshire where our non-manual clients often got five times the amount that the unions agreed to settle their members claims for. It is true that the unions will do the claims for free but that doesn't mean that you will end up with the same amount of money. The More clients that we are able to represent the greater the leverage we have with the unions and the council to ensure that a fair deal is reached.

Can I still claim if I have left employment with the council?

Yes following a recent Supreme Court decision it is possible to make claims in the sheriff's court and then have them transferred to the employment tribunal. However in Scotland the maximum period you can go back is five years so if you left the council more than five years ago then we will not be able to claim. There is also a slightly higher initial fee to be paid by the sheriff's court route.

I have left employment will this effect my existing claim?

As long as you have already got a claim submitted with the Tribunal your claim will go up until the date you left employment.

Can I Claim?

Virtually any women employed by Glasgow City Council or one of the Arms Length Organisations such as Cordia who is currently on grade 6 or below can claim, even some on grade 7 may have a claim if they do overtime.

Essentially the question is do you earn less than men on your grade or lower, because of the affects of Non Core Payments overtime and enhancement terms (which are much better for former bonus earners) almost everyone on grades 1-6 have claims.

IF IN DOUBT CLAIM – WHAT HAVE YOU GOT TO LOSE? SHY BAIRNS GET NOWT!

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Can Men Claim Too?

Yes, but there are some restrictions.If your job is predominantly done by women then you can claim. If however you are in one of the comparator jobs like refuse or grounds maintenance then we can’t act for you. It is theoretically possible for men on lower bonuses to claim once the women succeed but these can be very difficult. Put a claim in and we will be able to advise you if you are eligible.

How much is your claim worth?

Sadly, impossible to say and very dangerous even to guess/estimate as people get very upset if the value of the claim is less than what was the guess/estimate (although very happy if they get more). We often have people working together who think they are entitled to the same amounts but it turns out they have different claims for many different reasons such as length of service, overtime hours, sickness, additional jobs, shifts, date your claim was submitted to the Tribuna, if you have had any changes in your job during the period of your claim. Literally every calculation will be different. At the moment, the council has failed to provide all the pay of both our clients and more importantly the comparators, to assist us in valuing your claim.

How far does my Claim go Back?

In Scotland claims are limited to 5 years from the date the claims are received by the Tribunal  or back to the date of any previous COT3 settlement. So, for our clients most claims go back to January 2007 when the new pay structure started. For new claims, they will go back no earlier than August 2012. For those who have their claim registered with the GMB the position is different, GMB restricted their clients claims to the period 2007 to March 2009 only. It is now possible for GMB clients to issue new claims to the Tribunal however these claims will be limited to a maximum of 5 years back pay, this therefore means that these clients will have a  2 claims the first for the period from 2007 to 2009 and further claim for the period 2012 up until the pay difference is rectified. Unfortuntley for these client it may now be too late to claims for period between 2009 and 2012.

I went with the Union – is my Claim still Valid?

Only if the union or their Solicitors actually submitted a claim to the Tribunal. We hear time and again of people who may have filled in a Union form or spoken to their Union Rep or even signed a COT3 agreements who think that they have an ongoing claim. This is often not true. Regrettably when they contact the Union they deny ever getting the form or didn’t record the conversation. Completing a COT3 settlement does not automatically enrol you for a claim. So, if you went with the Union you will need proof of the claim going to the Tribunal and getting a claim number. If not, you will need to submit a fresh claim but this will be limited to 5 years back from the commencement of this claim.  If you wish to pursue a new claim you can contact us by phone, email or by completing our online forms.

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