Equal Pay Settlement – Frequently Asked Questions

Info from the Council

Equal Pay Settlement – Frequently Asked Questions

Why are these payments being made?

  • To conclude long-standing legal claims which were lodged with Employment Tribunal beginning in 2006.
  • Members agreed to settle claims based on avoiding further litigation in defence of the Council’s position on the validity of the claims being made.

Which groups are receiving settlement payments?

Those with a valid claim:-

  • Former Manual Worker groups, for example Cooks, Drivers, Janitors
  • Former APT&C employees, for example Classroom Assistants, Nursery Nurses, Clerical Assistants

Why are payments not being made to all employees in these job groups?

  • Payments are being made as part of a negotiated settlement of legal claim already lodged with Employment Tribunal. Only those individuals that made those legal claims can receive a payment.
  • The Council has no legal basis to offer payments to anyone without an eligible claim that was submitted to Employment Tribunal within the time periods given in law.

Can employees now make an Employment Tribunal claim?

  • It is for individuals to decide on the validity of making an Employment Tribunal claim and as such, employees should seek independent legal advice if they are minded to pursue a claim.
  • However, it is the Council’s position that Equal Pay claims relating to the payment of bonuses to male manual workers prior to the implementation of Single Status in 2009, would now be time-barred by Tribunal.

How could employees have known they had a potential claim?

  • The whole Equal Pay agenda in local authorities was extensively reported in all local and national media from 2005 onwards.
  • Trade Unions were also actively canvassing their membership and other staff to initiate and support potential claims for Equal Pay.

Why did the Council not inform people that they could make a claim?

  • It was for employees on the basis of media and other coverage to decide whether they wished to make a claim. It would have been inappropriate for the Council to advise this as a course of action to its employees or to provide any legal advice.
  • The Council responded to all enquiries received since 2006 by advising employees to seek their own advice through their Trade Union or from an independent legal adviser.
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