DATE: 6 August
An Employment Appeal Tribunal has backed UNISON’s claim that women working for St Helen’s and Knowsley NHS Trust are entitled to the same level of unsocial hours payments as men.
The Lancashire decision* paves the way for women at this trust and at other hospitals to challenge pay discrimination on the same grounds.
The women, working as healthcare assistants, domestic supervisors, and on reception, were paid time and one third for working on a Saturday, and time and two thirds for working on Sundays and bank holidays. But the men were paid at a higher rate of time and a half for Saturdays and double time for Sundays and bank holidays.
The trust claimed that unsocial hours payments were part of their staffs’ normal working week, and that payments for these hours could not be separated out from basic pay. Today, the Employment Appeal Tribunal has backed UNISON’s claim that unsocial hours payments are a separate term of the employment contract, and can be directly compared.
The case sets an important precedent, giving women at this trust and others, hope that they, too, can challenge unsocial hours payments that are more generous to men.
Dave Prentis, UNISON General Secretary, said:
“It is more than 40 years since the Equal Pay Act, and long overdue for employers to face up to their responsibilities to pay men and women equally. The decision made in this case clarifies that unsocial hours’ payments must also be 100% fair and equal.
“The employers have dragged their heels and forced these women to jump through legal hurdles in their fight for equality. They should now pay up, rather than wasting any more of the taxpayer’s precious funds on legal challenges.”
Information to Editors: *The case: Brownbill v St Helens and Knowsley.
From UNISON UK news release
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Showing posts with label Equal pay. Show all posts
Showing posts with label Equal pay. Show all posts
Friday, August 6, 2010
Tuesday, July 27, 2010
UNISON working to deliver equal pay in the college sector
Date: Tuesday 27 July 2010
In the 40th anniversary year of the Equal Pay Act, UNISON has joined with Scotland’s Colleges and the Close the Gap initiative to produce guidance to help colleges close the pay gap.
When the Equal Pay Act was introduced in 1970, it was heralded as a major advance for women in the workforce.
However, 40 years later, the pay gap remains a stubborn reality, with figures in Scotland showing that women are still being paid less than their male counterparts – an average of 12.2% less for full time workers and a massive 32% for part time workers.
The Gender Equality Duty, which came into force in 2007, requires employers to make sure they are proactively delivering on equality, including pay equality, as both employers and service providers.
Matt Smith, Scottish Secretary of UNISON, said:
“UNISON has a long history of organising and fighting for women’s pay equality, and we are pleased to have been involved in producing this important piece of guidance.
“Colleges have a legal responsibility to make sure they are paying fairly, and this set of tools will help them to make sure that is happening across their institutions.”
Emma Ritch, Project Manager for Close the Gap, a partnership project which works to address the gender pay gap said:
“After 40 years, the fact that such a large and widespread gap still exists is not only an issue of equality and social justice, but is bad for business and bad for Scotland’s economy.
“We have worked with Unison, and Scotland’s Colleges to ensure that colleges have accessible guidance on meeting the requirements of the legislation.”
ENDS
For Further Information (and for a copy of the guidance) please contact:
Nancy Kelly, Regional Organiser 07904 342230
Fiona Montgomery, Communications Officer 0141 342 2877 (o) 07908 672 890 (m)
Malcolm Burns, Communications Officer 0141 342 2877 (o) 07958 063 182 (m)
Close the Gap: Emma Ritch, Project Manager 07711 926833
Notes to editors:
1. The guidance is called Equal Pay Reviews and Job Evaluation: Guidance for Scotland’s colleges, and is published by Scotland’s Colleges and Close the Gap.
2. According to Close the Gap, a partnership project which works to address the gender pay gap, the three main causes of the pay gap are:
• Occupational segregation - women are clustered into the ‘5 Cs’ - catering, cleaning, caring, clerical and cashiering and are underrepresented in senior management. For example, women make up 89% of the health and social sector in Scotland, but only 19% of NHS Chief Executives/Heads are women.
• Lack of flexible working opportunities – more women than men work part time in order to balance responsibilities. Most part-time work is clustered in low paid occupations, and the lack of part-time and wider flexible working options at senior levels can also prevent women, who are likely to be the main carer, from progressing.
• Discrimination in pay and grading systems – for example individuals being appointed on different points on a pay scale, different job and grade titles for virtually the same job, male jobs having disproportionate access to bonus and earnings, women having less access to overtime and higher paid shift-work, and women not receiving the same access to training and development.
3. There are different ways of reporting on the pay gap. The media reports a combined headline UK figure which includes full-time and part-time earnings and is calculated using the median. Annual Survey of Hours and Earning (ASHE) is the source for the headline UK pay gap which is published late autumn every year. GEO uses the median hourly earnings of men working full-time compared to women working full-time and women working part-time when reporting the pay gap.
4. In Scotland the gender pay gap is reported using the mean, as the median figures underplay the fact that there are a few extremely high earning staff, most of whom are men, and that many women are clustered in the lowest paid professions. The mean takes into account the outliers and reflects the structural inequality between men and women and the issues relating to vertical occupational segregation. Furthermore, international comparisons use the mean.
5. UNISON represents all the non-teaching staff in Scotland's colleges, covering many jobs including managers, library assistants, schools liaison, technicians, janitors, security staff and cleaners.
6. Close the Gap is a partnership initiative working to close the gender pay gap in Scotland. Close the Gap works with employers and employees to enable action to address the causes of the pay gap. Their partners include the Scottish Government, the Equality and Human Rights Commission, Scottish Enterprise, Highlands and Islands Enterprise, Skills Development Scotland and the Scottish Trade Union Congress.
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Thursday, June 24, 2010
A new living wage in Scotland
Date: 24 June 2010
Low paid workers who conducted action research into pay levels are presenting their evidence at an event in the Scottish Parliament today.
MSPS Christina McKelvie and Andy Kerr are hosting the UNISON-Oxfam Fair Pay event in the Garden Lobby. Ninety guests are attending to hear evidence from the research, which was conducted by low paid workers employed in Scotland's public services.
Members of the Fair Pay campaign have been heartened by the announcement by Alex Neill MSP that employees of the Scottish Government will enjoy the protection of a Living Wage of £7.00. While we greatly welcome this announcement it immediately raises questions about the scope of such a measure and the protection afforded to people not directly employed by the government.
Those attending will have an opportunity to digest the detail of the proposed Living Wage and identify how that principle can be extended to protect a wider group of vulnerable public sector workers.
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Low paid workers who conducted action research into pay levels are presenting their evidence at an event in the Scottish Parliament today.
MSPS Christina McKelvie and Andy Kerr are hosting the UNISON-Oxfam Fair Pay event in the Garden Lobby. Ninety guests are attending to hear evidence from the research, which was conducted by low paid workers employed in Scotland's public services.
Members of the Fair Pay campaign have been heartened by the announcement by Alex Neill MSP that employees of the Scottish Government will enjoy the protection of a Living Wage of £7.00. While we greatly welcome this announcement it immediately raises questions about the scope of such a measure and the protection afforded to people not directly employed by the government.
Those attending will have an opportunity to digest the detail of the proposed Living Wage and identify how that principle can be extended to protect a wider group of vulnerable public sector workers.
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Thursday, May 20, 2010
UNISON wins landmark equal pay ruling in Edinburgh
Date: Thu 20 May 2010
Thousands of low paid council workers took a step closer to equal pay today thanks to a landmark decision of the Employment Appeal Tribunal.
While many manual workers, such as cleaners, cooks and carers, have already received compensation, previous decisions of the EAT removed the right to compensation from thousands of administrators, clerical workers, learning assistants and library staff.
In the absence of a proper explanation for the pay differences between women and men, local authorities developed a technical argument that women and men only deserved equal pay if they were based at the same premises, or had the same pay and conditions - this argument has now failed.
UNISON General Secretary, Dave Prentis, said:
“I am delighted that UNISON has opened up this route to justice for so many of our members. There is now no place for employers to run or hide.
“UNISON’s equal pay campaign has defeated every contrived defence their lawyers have hidden behind.
“This charade has gone on too long. We want full compensation for all our members and that money must be paid now.”
One of UNISON’s largest group of winners from the decision are classroom assistants, many of whom earn as little as £10,000 a year.
Elaine North, a UNISON claimant from Dumfries, said:
“I was devastated when the court said I wasn’t entitled to equal pay. My colleagues do one-to-one education work with learning-disabled kids and while we love them it is such hard work.
“No harm to refuse collectors and gardeners, but fair pay is long overdue for us. We’ve worked hard for this.”
Jackie Gilchrist, who chairs the UNISON campaign for Fair Pay, said:
“This is a magnificent decision for us. Our pay has been formally investigated by the EOC and still the employers refuse to recognise the value of our jobs.
“We have gathered so much evidence about the demands of learning support work, but the courts have refused to look at it until now. They’ve got some reading to catch up on, I can tell you.
“There’s only one conclusion to reach at the end – our wages are going up.”
UNISON estimates that this Edinburgh decision will affect up to 70,000 workers across the UK and, while claim values will vary from person to person, some will exceed £30,000
Ends
Notes to editors:
1. With over 40,000 live claims UNISON is the UK’s leading provider of legal assistance on equal pay issues.
2. In the UNISON test case of Dumfries & Galloway Council v North & Others, the EAT in Scotland accepted the employer argument that equal pay claims could only succeed if women and men shared common terms and conditions, or were working at the same premises. Given the way that the work of women and men is segregated this was a major barrier to justice for tens of thousands of women.
3. UNISON is pursuing the same issue for 1,400 women in Edinburgh and, in the Edinburgh appeal decision, Lady Smith of Scotland’s Court of Session and the EAT took the highly unusual step or revisiting and reversing her previous decision.
4. The transcript can be downloaded or read in full at
http://www.employmentappeals.gov.uk/Public/Upload/
UKEATS000209BI(Revised)EDINCCvMsWilkinsonothersFINAL.doc
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Thousands of low paid council workers took a step closer to equal pay today thanks to a landmark decision of the Employment Appeal Tribunal.
While many manual workers, such as cleaners, cooks and carers, have already received compensation, previous decisions of the EAT removed the right to compensation from thousands of administrators, clerical workers, learning assistants and library staff.
In the absence of a proper explanation for the pay differences between women and men, local authorities developed a technical argument that women and men only deserved equal pay if they were based at the same premises, or had the same pay and conditions - this argument has now failed.
UNISON General Secretary, Dave Prentis, said:
“I am delighted that UNISON has opened up this route to justice for so many of our members. There is now no place for employers to run or hide.
“UNISON’s equal pay campaign has defeated every contrived defence their lawyers have hidden behind.
“This charade has gone on too long. We want full compensation for all our members and that money must be paid now.”
One of UNISON’s largest group of winners from the decision are classroom assistants, many of whom earn as little as £10,000 a year.
Elaine North, a UNISON claimant from Dumfries, said:
“I was devastated when the court said I wasn’t entitled to equal pay. My colleagues do one-to-one education work with learning-disabled kids and while we love them it is such hard work.
“No harm to refuse collectors and gardeners, but fair pay is long overdue for us. We’ve worked hard for this.”
Jackie Gilchrist, who chairs the UNISON campaign for Fair Pay, said:
“This is a magnificent decision for us. Our pay has been formally investigated by the EOC and still the employers refuse to recognise the value of our jobs.
“We have gathered so much evidence about the demands of learning support work, but the courts have refused to look at it until now. They’ve got some reading to catch up on, I can tell you.
“There’s only one conclusion to reach at the end – our wages are going up.”
UNISON estimates that this Edinburgh decision will affect up to 70,000 workers across the UK and, while claim values will vary from person to person, some will exceed £30,000
Ends
Notes to editors:
1. With over 40,000 live claims UNISON is the UK’s leading provider of legal assistance on equal pay issues.
2. In the UNISON test case of Dumfries & Galloway Council v North & Others, the EAT in Scotland accepted the employer argument that equal pay claims could only succeed if women and men shared common terms and conditions, or were working at the same premises. Given the way that the work of women and men is segregated this was a major barrier to justice for tens of thousands of women.
3. UNISON is pursuing the same issue for 1,400 women in Edinburgh and, in the Edinburgh appeal decision, Lady Smith of Scotland’s Court of Session and the EAT took the highly unusual step or revisiting and reversing her previous decision.
4. The transcript can be downloaded or read in full at
http://www.employmentappeals.gov.uk/Public/Upload/
UKEATS000209BI(Revised)EDINCCvMsWilkinsonothersFINAL.doc
.
Monday, August 3, 2009
Union 90% vote approves Single Status deal
Date: Monday 3 August 2009
UNISON, Dumfries & Galloway's largest public service trade union, and partner unions UNITE & GMB today announced that their members working for the local authority, have all voted overwhelmingly to accept a negotiated Single Status deal.
UNISON members delivered a majority of 89.6% in favour of the package of proposals with 10.4% of members rejecting. The turnout was 75%.
UNITE & GMB members also voted to accept the offer in a high turnout with majorities of, - Unite 94% and GMB 93%
Speaking shortly after the votes were independently counted Marion Stewart, Dumfries & Galloway UNISON branch secretary said; "I am pleased that our members have voted to accept this deal. The joint trade unions believed it was the best available through negotiation.
"It has been a long, often very difficult process, which started back in 1999. Recently, Trades Unions and the Council formed an effective joint project board, led by retired Chief Executive, Phil Jones.
"This is a prime example of what can be achieved by good joint working and we are pleased the Council has recognised and invested in our equality demands. The package has been subjected to three external independent checks and has resulted in fairer pay for many previously undervalued and under paid female groups."
This is believed to be only the second negotiated settlement to be achieved between unions and their employers in Scotland's 32 local authorities. The Single Status agreement affects 6500 Council employees and seeks to eradicate current inequalities that exist in local government pay and conditions.
Ann Patterson, Branch Chair for Unite the Union said after the ballot "I am pleased to announce that Unite members have voted to accept the Council's proposals within Dumfries and Galloway.
"The Joint Trade Unions believed that the Council's proposals were the best that could be achieved via negotiation but recognise that a number of members will be subject to pay protection. We remain assured by the Council's commitment to pay equality for all staff and both sides recognise that this is just the beginning of an ongoing process to eradicate pay inequality."
Marion Stewart continued: "The result of the ballot marks a significant milestone. The focus of our work now will be to help colleagues who want to appeal their grading, to work to improve the position of those groups of staff who are subject to pay protection and to continue UNISON's ongoing support for members who have lodged equal pay claims."
As part of the Single Status agreement those groups of staff who are Pay Protected will be included in an exercise between the Joint Trade Unions and the Council to seek to establish "job redesign or job enlargement" which could potentially remove detriment.
.
UNISON, Dumfries & Galloway's largest public service trade union, and partner unions UNITE & GMB today announced that their members working for the local authority, have all voted overwhelmingly to accept a negotiated Single Status deal.
UNISON members delivered a majority of 89.6% in favour of the package of proposals with 10.4% of members rejecting. The turnout was 75%.
UNITE & GMB members also voted to accept the offer in a high turnout with majorities of, - Unite 94% and GMB 93%
Speaking shortly after the votes were independently counted Marion Stewart, Dumfries & Galloway UNISON branch secretary said; "I am pleased that our members have voted to accept this deal. The joint trade unions believed it was the best available through negotiation.
"It has been a long, often very difficult process, which started back in 1999. Recently, Trades Unions and the Council formed an effective joint project board, led by retired Chief Executive, Phil Jones.
"This is a prime example of what can be achieved by good joint working and we are pleased the Council has recognised and invested in our equality demands. The package has been subjected to three external independent checks and has resulted in fairer pay for many previously undervalued and under paid female groups."
This is believed to be only the second negotiated settlement to be achieved between unions and their employers in Scotland's 32 local authorities. The Single Status agreement affects 6500 Council employees and seeks to eradicate current inequalities that exist in local government pay and conditions.
Ann Patterson, Branch Chair for Unite the Union said after the ballot "I am pleased to announce that Unite members have voted to accept the Council's proposals within Dumfries and Galloway.
"The Joint Trade Unions believed that the Council's proposals were the best that could be achieved via negotiation but recognise that a number of members will be subject to pay protection. We remain assured by the Council's commitment to pay equality for all staff and both sides recognise that this is just the beginning of an ongoing process to eradicate pay inequality."
Marion Stewart continued: "The result of the ballot marks a significant milestone. The focus of our work now will be to help colleagues who want to appeal their grading, to work to improve the position of those groups of staff who are subject to pay protection and to continue UNISON's ongoing support for members who have lodged equal pay claims."
As part of the Single Status agreement those groups of staff who are Pay Protected will be included in an exercise between the Joint Trade Unions and the Council to seek to establish "job redesign or job enlargement" which could potentially remove detriment.
.
Wednesday, June 10, 2009
UNISON demands Scottish Government action for pay equality in councils
10 June 2009
UNISON, Scotland's largest local government union, has called on SNP Finance Secretary John Swinney to face up to the challenge of pay discrimination. The union’s move follows the publication of the latest Scottish Parliament investigation into equal pay, in which MSPs on the Parliament's Local Government Committee expressed dismay at the slow and costly progress towards pay equality and made a clear call for action by the Scottish Government.
Peter Hunter, UNISON Scotland Regional Organiser, said:
"The Scottish Government has sat on the sidelines throughout this process but the time has come for them to step up to the plate. This is the third parliamentary report calling for Government action on equal pay and the challenge can no longer be ignored."
Equal pay is widely recognised as the greatest destabilising force to hit local government finance in recent years. Despite compensation payments running to several hundred million pounds, low paid public service workers are still pursuing tens of thousands of equality claims.
Peter Hunter said:
"There was no financial provision for equal pay in the last SNP budget but the evidence of the last ten years shows that delay and denial only escalate equal pay costs. In England councils have access to special Treasury rules on capital expenditure to ease the equal pay burden. In Scotland we have had no meaningful government help – in fact employers are hounded for cuts and efficiencies at a time when record levels of compensation are being paid to workers."
UNISON Scotland welcomed the Committee’s recognition that single status is still work in progress in every local authority.
"Anyone who says otherwise is out of touch and misleading the public," said Peter Hunter. "UNISON rejected over 80% of the new pay systems on equality grounds and we will continue to litigate until we get genuine pay equality for our members."
Peter Hunter added:
"What people need to remember is that every million pounds of equal pay expenditure is a million pounds of hardship and suffering endured by low paid women who deliver vital public services. We have classroom assistants who teach disabled children 30 hours per week with no supervising teacher for £10,000 per annum. And that’s before tax and national insurance. Voters expect the Scottish Parliament to protect them from such rank injustice. It seems the Local Government Committee agrees. It’s time for the Scottish Government to take action now."
ENDS
NOTES FOR EDITORS:
Local Government Committee report on Equal pay
The Local Government & Communities committee of the Scottish Parliament made the following recommendations:
• The Scottish Government should facilitate urgent talks
• Employers should pay-up where workers have a strong equal pay claim
• Independent pay audits should be conducted annually to drive discrimination out of the system
• Councils need more money and the Government need to come up with a package including capitalisation
Press Release:
http://www.scottish.parliament.uk/nmCentre/news/news-comm-09/clgc09-s3-003.htm
Committee Report
http://www.scottish.parliament.uk/s3/committees/lgc/reports-09/lgr09-12.htm
UNISON's submission to Local Government Committee
In submissions to the Committee UNISON Scotland called on MSPs to:
• Press the Finance Secretary to reconsider the funding required to close the pay gap. The Committee has called on the Government to clarify their position.
• Press the Finance Secretary to establish capitalisation as a finance option and set out criteria against which applications can be made. The Committee has echoed that call.
• Press the Chancellor and the Finance Secretary to permit local authorities to offset equal pay costs, in whole or in part, against their share of any efficiency target. We are extremely disappointed that councils appear to be expected to increase seconding on equal pay while slashing services at the same time.
• Set a timetable for local government to implement single status in a way that eliminates discrimination and brings the repeated rounds of equal pay compensation to an end. The committee has called on the Government to facilitate talks designed to deliver pay equality.
• Invite Audit Scotland to review its Audit Methodology in a way that gives equality auditing the weight that is required by the Best Value regime. UNISON are delighted that the Committee has called for a new equality audit system to embedded into Audit Scotland’s revised Best Value scheme.
You can find the full UNISON Scotland Submission to the Scottish Parliament Local Government and Communities Committee in March 2009 at
http://www.unison-scotland.org.uk/response/equalpaymarch09.html
UNISON Scotland news releases:
Stay in touch with UNISON Scotland's latest news releases on our website
http://www.unison-scotland.org.uk/news/index.html
and frequent updates on our blog
http://unison-scotland.blogspot.com/
.
UNISON, Scotland's largest local government union, has called on SNP Finance Secretary John Swinney to face up to the challenge of pay discrimination. The union’s move follows the publication of the latest Scottish Parliament investigation into equal pay, in which MSPs on the Parliament's Local Government Committee expressed dismay at the slow and costly progress towards pay equality and made a clear call for action by the Scottish Government.
Peter Hunter, UNISON Scotland Regional Organiser, said:
"The Scottish Government has sat on the sidelines throughout this process but the time has come for them to step up to the plate. This is the third parliamentary report calling for Government action on equal pay and the challenge can no longer be ignored."
Equal pay is widely recognised as the greatest destabilising force to hit local government finance in recent years. Despite compensation payments running to several hundred million pounds, low paid public service workers are still pursuing tens of thousands of equality claims.
Peter Hunter said:
"There was no financial provision for equal pay in the last SNP budget but the evidence of the last ten years shows that delay and denial only escalate equal pay costs. In England councils have access to special Treasury rules on capital expenditure to ease the equal pay burden. In Scotland we have had no meaningful government help – in fact employers are hounded for cuts and efficiencies at a time when record levels of compensation are being paid to workers."
UNISON Scotland welcomed the Committee’s recognition that single status is still work in progress in every local authority.
"Anyone who says otherwise is out of touch and misleading the public," said Peter Hunter. "UNISON rejected over 80% of the new pay systems on equality grounds and we will continue to litigate until we get genuine pay equality for our members."
Peter Hunter added:
"What people need to remember is that every million pounds of equal pay expenditure is a million pounds of hardship and suffering endured by low paid women who deliver vital public services. We have classroom assistants who teach disabled children 30 hours per week with no supervising teacher for £10,000 per annum. And that’s before tax and national insurance. Voters expect the Scottish Parliament to protect them from such rank injustice. It seems the Local Government Committee agrees. It’s time for the Scottish Government to take action now."
ENDS
NOTES FOR EDITORS:
Local Government Committee report on Equal pay
The Local Government & Communities committee of the Scottish Parliament made the following recommendations:
• The Scottish Government should facilitate urgent talks
• Employers should pay-up where workers have a strong equal pay claim
• Independent pay audits should be conducted annually to drive discrimination out of the system
• Councils need more money and the Government need to come up with a package including capitalisation
Press Release:
http://www.scottish.parliament.uk/nmCentre/news/news-comm-09/clgc09-s3-003.htm
Committee Report
http://www.scottish.parliament.uk/s3/committees/lgc/reports-09/lgr09-12.htm
UNISON's submission to Local Government Committee
In submissions to the Committee UNISON Scotland called on MSPs to:
• Press the Finance Secretary to reconsider the funding required to close the pay gap. The Committee has called on the Government to clarify their position.
• Press the Finance Secretary to establish capitalisation as a finance option and set out criteria against which applications can be made. The Committee has echoed that call.
• Press the Chancellor and the Finance Secretary to permit local authorities to offset equal pay costs, in whole or in part, against their share of any efficiency target. We are extremely disappointed that councils appear to be expected to increase seconding on equal pay while slashing services at the same time.
• Set a timetable for local government to implement single status in a way that eliminates discrimination and brings the repeated rounds of equal pay compensation to an end. The committee has called on the Government to facilitate talks designed to deliver pay equality.
• Invite Audit Scotland to review its Audit Methodology in a way that gives equality auditing the weight that is required by the Best Value regime. UNISON are delighted that the Committee has called for a new equality audit system to embedded into Audit Scotland’s revised Best Value scheme.
You can find the full UNISON Scotland Submission to the Scottish Parliament Local Government and Communities Committee in March 2009 at
http://www.unison-scotland.org.uk/response/equalpaymarch09.html
UNISON Scotland news releases:
Stay in touch with UNISON Scotland's latest news releases on our website
http://www.unison-scotland.org.uk/news/index.html
and frequent updates on our blog
http://unison-scotland.blogspot.com/
.
Monday, June 8, 2009
Action4Equality Scotland issues apology to UNISON member
Monday 8 June 2009
Action4Equality Scotland, closely connected with no-win, no-fee solicitor Stefan Cross, has been forced into publishing a full apology to UNISON member Mrs Jacqueline Quinn.
Two separate articles which criticised Mrs Quinn for taking her equal pay claim away from NWNF solicitor Mr Cross provoked anger and the call for an apology.
Mrs Quinn had been persuaded to use the solicitor by promises of a quick result, but after months of waiting she decided to take advantage of free legal help available from the union. She was attacked on a website which also wrongly claimed that she was liable to pay a £500 bill.
In December 2008 the Court of Session ruled that Newcastle-based Mr Cross's contingency fee contract with Jacqueline Quinn was void and unenforceable in Scotland. The Court went on to ban Mr Cross from pursuing a bill for £500 from Mrs Quinn, a home care worker for Edinburgh Council.
UNISON Scottish Secretary Matt Smith, said:
"UNISON was pleased to help Jacqueline Quinn take a stand against Mr Cross and expose the flaws in his contract. She was not in breach of contract and it is only right that Action4Equality should apologise for the offence they have caused.
"The case has also highlighted the potential for thousands of other council and NHS workers in Scotland who have signed up to Contingency Fee Agreements to reclaim money deducted from their compensation."
The apology states:
"We now accept that Mrs Quinn was fully within her rights to challenge the Contingency Fee Agreement with Stefan Cross and acknowledge that on 16th December 2008 the Court granted an Order which declared that 'the pretended contract for the provision of legal services entered into between the Defenders and the Pursuer for the provision of legal services... is void and of no force or effect...' and that in the same Order the Court prohibited Stefan Cross from raising an action for payment against Mrs Quinn 'for sums due under (the) pretended contract' ".
.
Action4Equality Scotland, closely connected with no-win, no-fee solicitor Stefan Cross, has been forced into publishing a full apology to UNISON member Mrs Jacqueline Quinn.
Two separate articles which criticised Mrs Quinn for taking her equal pay claim away from NWNF solicitor Mr Cross provoked anger and the call for an apology.
Mrs Quinn had been persuaded to use the solicitor by promises of a quick result, but after months of waiting she decided to take advantage of free legal help available from the union. She was attacked on a website which also wrongly claimed that she was liable to pay a £500 bill.
In December 2008 the Court of Session ruled that Newcastle-based Mr Cross's contingency fee contract with Jacqueline Quinn was void and unenforceable in Scotland. The Court went on to ban Mr Cross from pursuing a bill for £500 from Mrs Quinn, a home care worker for Edinburgh Council.
UNISON Scottish Secretary Matt Smith, said:
"UNISON was pleased to help Jacqueline Quinn take a stand against Mr Cross and expose the flaws in his contract. She was not in breach of contract and it is only right that Action4Equality should apologise for the offence they have caused.
"The case has also highlighted the potential for thousands of other council and NHS workers in Scotland who have signed up to Contingency Fee Agreements to reclaim money deducted from their compensation."
The apology states:
"We now accept that Mrs Quinn was fully within her rights to challenge the Contingency Fee Agreement with Stefan Cross and acknowledge that on 16th December 2008 the Court granted an Order which declared that 'the pretended contract for the provision of legal services entered into between the Defenders and the Pursuer for the provision of legal services... is void and of no force or effect...' and that in the same Order the Court prohibited Stefan Cross from raising an action for payment against Mrs Quinn 'for sums due under (the) pretended contract' ".
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Tuesday, May 12, 2009
Which Way to Equal Pay? – UNISON launches campaign
UNISON Scotland is launching a campaign to highlight the consequences for workers who have been drawn to so-called "No Win No Fee" solicitors. In a national advertising campaign UNISON highlights the fact that the Court of Session recently awarded an interdict to prevent a prominent No Win No Fee firm pursuing an Edinburgh homecare worker for payment.
Cross & Co have recruited thousands of Scottish workers in their equal pay campaign, but a growing number of workers are now following Edinburgh carer Jacqueline Quinn and switching to the free legal service provided by UNISON. The Stefan Cross contract seeks to charge his clients if they change their mind and pursue their claim through their union. In Jacqueline Quinn’s case, the charge was £500 for every six months. However there was also provision for additional charges in the contract. These could require additional payment by Jacqueline Quinn if she continued to pursue her claim - even if Stefan Cross was no longer acting on her behalf.
A UNISON spokesperson said:
"We are delighted that the Court of Session has declared that Jacqueline Quinn’s contract with Stefan Cross is void. The interdict gives Jacqueline the peace of mind she was looking for. We can now get on with the business of fighting for equal pay for her and her UNISON colleagues. Our advertising campaign is very simple - we are keen to let other members know that UNISON believes that equivalent charges should be unenforceable. Where our members encounter problems similar to Jacqueline Quinn we will help them."
ENDS
For Further Information Please Contact:
Peter Hunter (Regional Organiser) 07903 814 118 (m)
Chris Bartter (Communications Officer) 07715 583 729(m)
.
Tuesday, April 21, 2009
Glasgow outsourcing tax scam removes democratic control, and attacks fair pay
Date: Tuesday 21 April 2009
UNISON, the main union representing Glasgow council staff, has condemned that council’s increasing reliance on outsourced trusts and Limited Liability Partnerships (LLPs) to deliver public services. Currently around 15,000 staff are employed by nine LLPs, trusts and partnerships in Glasgow.
In a speech to the Scottish TUC in Perth today (Tuesday 21), Mike Kirby, Scottish Convenor of UNISON, the largest public service union and Chair of its Glasgow City Branch will denounce the rush to outsource services as a tax scam that abandons democratic control, and allows the council to avoid its legal duty to pay men and women equally.
Mike will say “A recent Glasgow Council report into these ‘arms length external organisations’ admits that these ALEOs are a tax scam, that they lead to loss of democratic control by councillors, and that they can avoid more equal pay claims because they have fewer comparators. So much for the Labour Government’s public sector equality duty.”
Mike will also point to the farce created by an earlier outsourced organisation when the Glasgow Housing Association Ltd awarded one of their repairs and maintenance contracts to a private building company – Connaught, only to find they couldn’t meet the contract specifications on covering the workforce pensions.
Mike will say “Connaught had to be sacked and that workforce returned to their previous employer – City Building, after they spent 2 days travelling around the city – from Hampden Park, to Connaught, to GHA, to Glasgow City Council.”
Moving the composite motion on Public Services, Mike will also point to the huge waste of taxpayers money being paid to management and IT consultants to recommend efficiencies and shared services. Billions of pounds that should have been spent on the services themselves. The composite will set out a charter to defend and build on the public service consensus in Scotland.
.
UNISON, the main union representing Glasgow council staff, has condemned that council’s increasing reliance on outsourced trusts and Limited Liability Partnerships (LLPs) to deliver public services. Currently around 15,000 staff are employed by nine LLPs, trusts and partnerships in Glasgow.
In a speech to the Scottish TUC in Perth today (Tuesday 21), Mike Kirby, Scottish Convenor of UNISON, the largest public service union and Chair of its Glasgow City Branch will denounce the rush to outsource services as a tax scam that abandons democratic control, and allows the council to avoid its legal duty to pay men and women equally.
Mike will say “A recent Glasgow Council report into these ‘arms length external organisations’ admits that these ALEOs are a tax scam, that they lead to loss of democratic control by councillors, and that they can avoid more equal pay claims because they have fewer comparators. So much for the Labour Government’s public sector equality duty.”
Mike will also point to the farce created by an earlier outsourced organisation when the Glasgow Housing Association Ltd awarded one of their repairs and maintenance contracts to a private building company – Connaught, only to find they couldn’t meet the contract specifications on covering the workforce pensions.
Mike will say “Connaught had to be sacked and that workforce returned to their previous employer – City Building, after they spent 2 days travelling around the city – from Hampden Park, to Connaught, to GHA, to Glasgow City Council.”
Moving the composite motion on Public Services, Mike will also point to the huge waste of taxpayers money being paid to management and IT consultants to recommend efficiencies and shared services. Billions of pounds that should have been spent on the services themselves. The composite will set out a charter to defend and build on the public service consensus in Scotland.
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Friday, April 3, 2009
Hartley decision - UNISON reaction
Date: Friday 3 April 2009
Commenting on the Tribunal's ruling on Agenda for Change, Mike Jackson, UNISON's Senior National Officer for Health, said:
"The old NHS pay system was unfair. It took years of negotiation and a lot of commitment from our members to implement the new system.
"The Tribunal has now agreed that it does what it set out to do deliver - equal pay. "It is a fairer and more transparent pay system."
.
Commenting on the Tribunal's ruling on Agenda for Change, Mike Jackson, UNISON's Senior National Officer for Health, said:
"The old NHS pay system was unfair. It took years of negotiation and a lot of commitment from our members to implement the new system.
"The Tribunal has now agreed that it does what it set out to do deliver - equal pay. "It is a fairer and more transparent pay system."
.
Thursday, March 26, 2009
UNISON welcomes investigation into Glasgow job evaluation
Thursday 26 Mar 2009
UNISON today welcomed the decision of the Equalities and Human Rights Commission (EHRC) to investigate classroom assistants' pay in Glasgow.
Around two-thirds of all classroom assistants in Scotland are UNISON members and the union is pursuing several thousand equal pay claims on their behalf across the country.
UNISON has been an active supporter of the Scotland-wide investigation since 2005 and UNISON members have already submitted a wealth of information to the EHRC.
UNISON's Glasgow Branch Convenor, Mike Kirby, said "Classroom assistants are a hidden army of talented and dedicated workers whose value is often overlooked. We trust the investigation will help us to deliver the wages they deserve."
UNISON withdrew from job evaluation in Glasgow due to concerns about the quality of the process. Management wrote the role profiles and they overlooked the complex demands members face. The appeals process has left classroom assistants' concerns unresolved so the union welcomes the chance of access to an independent view.
ENDS
UNISON today welcomed the decision of the Equalities and Human Rights Commission (EHRC) to investigate classroom assistants' pay in Glasgow.
Around two-thirds of all classroom assistants in Scotland are UNISON members and the union is pursuing several thousand equal pay claims on their behalf across the country.
UNISON has been an active supporter of the Scotland-wide investigation since 2005 and UNISON members have already submitted a wealth of information to the EHRC.
UNISON's Glasgow Branch Convenor, Mike Kirby, said "Classroom assistants are a hidden army of talented and dedicated workers whose value is often overlooked. We trust the investigation will help us to deliver the wages they deserve."
UNISON withdrew from job evaluation in Glasgow due to concerns about the quality of the process. Management wrote the role profiles and they overlooked the complex demands members face. The appeals process has left classroom assistants' concerns unresolved so the union welcomes the chance of access to an independent view.
ENDS
Thursday, February 26, 2009
Accounts Commission misses the point on local government
Thursday 26 February 2009
UNISON – the union representing staff delivering local services - has slammed today’s Accounts Commission annual overview report on local government, as piecemeal and inaccurate.
Matt Smith, UNISON’s Scottish Secretary, said:
“Unfortunately the Accounts Commission’s report skips over the significant cost implications of local councils complying with the law and delivering equal pay which could run into millions of pounds; mistakenly advocates the use of shared service to achieve ‘urgent savings’ when all the evidence shows that shared services based on cost savings don’t work*; advocates an increased concentration on the failed mantra of ‘competitive’ services; and recommends increasing the bureaucracy to collect more accounts information rather than addressing the increased need for public services in a recession.”
The union also points to the irony that an earlier report by the Accounts Commission slated the public services for unplanned and unmonitored overuse of consultants, whereas this one advocates concentration on shared services – where consultants are increasingly used as a prop to make the case.
Matt Smith said:
“We have tried to get information from both central government and the local government Improvement Service on the use of consultants. Both have refused our Freedom of Information requests – central government because they didn’t keep a record of the work companies do, and the Improvement Service because they were not covered by the FOI(S) Act. We do know that consultants are strongly involved in promoting shared services, including some prominent failures, and wonder that this contradiction hasn’t occurred to the Accounts Commission.”
“It is a pity that at a time when local councils face significant challenges from the current economic crisis and underfunding from central government, they are not being better served by the body set up to overview their performance. The Accounts Commission can surely do better than advocating local government being sidetracked into expensive reorganisation of services, risking increased waste of money on failed shared service development, and ignoring a huge cost implication for local government.”
ENDS
Note for editors:
*As an example of the problems with Shared Services, the shared IT services project between the Department for Transport and its seven agencies was supposed to be up and running last year and save £57m. By this year only two agencies and the DfT were using it and the costs have risen by £81m.
.
UNISON – the union representing staff delivering local services - has slammed today’s Accounts Commission annual overview report on local government, as piecemeal and inaccurate.
Matt Smith, UNISON’s Scottish Secretary, said:
“Unfortunately the Accounts Commission’s report skips over the significant cost implications of local councils complying with the law and delivering equal pay which could run into millions of pounds; mistakenly advocates the use of shared service to achieve ‘urgent savings’ when all the evidence shows that shared services based on cost savings don’t work*; advocates an increased concentration on the failed mantra of ‘competitive’ services; and recommends increasing the bureaucracy to collect more accounts information rather than addressing the increased need for public services in a recession.”
The union also points to the irony that an earlier report by the Accounts Commission slated the public services for unplanned and unmonitored overuse of consultants, whereas this one advocates concentration on shared services – where consultants are increasingly used as a prop to make the case.
Matt Smith said:
“We have tried to get information from both central government and the local government Improvement Service on the use of consultants. Both have refused our Freedom of Information requests – central government because they didn’t keep a record of the work companies do, and the Improvement Service because they were not covered by the FOI(S) Act. We do know that consultants are strongly involved in promoting shared services, including some prominent failures, and wonder that this contradiction hasn’t occurred to the Accounts Commission.”
“It is a pity that at a time when local councils face significant challenges from the current economic crisis and underfunding from central government, they are not being better served by the body set up to overview their performance. The Accounts Commission can surely do better than advocating local government being sidetracked into expensive reorganisation of services, risking increased waste of money on failed shared service development, and ignoring a huge cost implication for local government.”
ENDS
Note for editors:
*As an example of the problems with Shared Services, the shared IT services project between the Department for Transport and its seven agencies was supposed to be up and running last year and save £57m. By this year only two agencies and the DfT were using it and the costs have risen by £81m.
.
Friday, December 19, 2008
UNISON member wins case against lawyer
Date: 19 December 2008
Thousands of council and NHS workers in Scotland who signed up with an English lawyer to fight their equal pay claims are in line for windfall payments after a home help took him to court and won.
The Court of Session ruled yesterday that Newcastle-based Stefan Cross’s contract with Edinburgh council worker Jacqueline Quinn is unlawful and unenforceable in Scotland, and banned him for pursuing her for his bill of £500.
But the real winners could be low-paid health and local authority workers all over Scotland who can now reclaim the 10% plus VAT that Mr Cross routinely deducted from their equal pay settlements – some of which were in excess of £10,000.
UNISON’s Scottish secretary Matt Smith said: "Having your own contract with your clients declared unlawful by the Courts must be the ultimate humiliation for a lawyer.
"The unions have always warned against the false allure of commercial solicitors who claim that they can deliver compensation more effectively or quickly than a trade union.
"We urge all our members to claim back the thousands of pounds Mr Cross has unlawfully deducted from their settlements.
"We all owe a huge debt of gratitude to Mrs Quinn for exposing the flaws in these contracts.”
Home help Jacqueline Quinn, from Edinburgh, said:"I thought Mr Cross would get me a quick settlement of my equal pay claim, but I didn't realise there was a horrific penalty clause in his contract.
"When I got fed up waiting for him to do something and went back to the union lawyers, he started demanding £500 and that made me really angry – especially since he had done nothing.
"I am delighted to have won my case and will be even more pleased if it means colleagues can keep all of their hard-earned equal pay settlements."
Syd Smith of Thompsons Solicitors, who fought the case on the union’s behalf, explained: "The Court of Session ruled against Mr Cross because his contract gives him a financial interest in the outcome of the case, but the Scottish Courts have held that, for the protection of clients, such contracts are unlawful and therefore unenforceable.
"Nor can solicitors in Scotland charge blanket fees regardless of the work involved as Mr Cross tried to do in Mrs Quinn's case.
"Mr Cross chose not to defend Mrs Quinn's action."
See: Home help takes equal pay lawyer to court
Also: UNISON UK News
Thousands of council and NHS workers in Scotland who signed up with an English lawyer to fight their equal pay claims are in line for windfall payments after a home help took him to court and won.
The Court of Session ruled yesterday that Newcastle-based Stefan Cross’s contract with Edinburgh council worker Jacqueline Quinn is unlawful and unenforceable in Scotland, and banned him for pursuing her for his bill of £500.
But the real winners could be low-paid health and local authority workers all over Scotland who can now reclaim the 10% plus VAT that Mr Cross routinely deducted from their equal pay settlements – some of which were in excess of £10,000.
UNISON’s Scottish secretary Matt Smith said: "Having your own contract with your clients declared unlawful by the Courts must be the ultimate humiliation for a lawyer.
"The unions have always warned against the false allure of commercial solicitors who claim that they can deliver compensation more effectively or quickly than a trade union.
"We urge all our members to claim back the thousands of pounds Mr Cross has unlawfully deducted from their settlements.
"We all owe a huge debt of gratitude to Mrs Quinn for exposing the flaws in these contracts.”
Home help Jacqueline Quinn, from Edinburgh, said:"I thought Mr Cross would get me a quick settlement of my equal pay claim, but I didn't realise there was a horrific penalty clause in his contract.
"When I got fed up waiting for him to do something and went back to the union lawyers, he started demanding £500 and that made me really angry – especially since he had done nothing.
"I am delighted to have won my case and will be even more pleased if it means colleagues can keep all of their hard-earned equal pay settlements."
Syd Smith of Thompsons Solicitors, who fought the case on the union’s behalf, explained: "The Court of Session ruled against Mr Cross because his contract gives him a financial interest in the outcome of the case, but the Scottish Courts have held that, for the protection of clients, such contracts are unlawful and therefore unenforceable.
"Nor can solicitors in Scotland charge blanket fees regardless of the work involved as Mr Cross tried to do in Mrs Quinn's case.
"Mr Cross chose not to defend Mrs Quinn's action."
See: Home help takes equal pay lawyer to court
Also: UNISON UK News
Tuesday, November 11, 2008
Home help takes equal pay lawyer to court
Embargo: For immediate Release
Date: Tues 11 November 2008
Home Help Jacqueline Quinn is taking equal pay lawyer Stefan Cross to court after he charged her £500 for taking her case to another lawyer.
And last night Jacqueline, who works for Edinburgh City Council: “I think his bill is out of order and I am determined not to pay.
“But goodness knows how many other Scots workers are in the same position."
Newcastle based Cross shot to prominence by persuading thousands of local authority workers up and down the country to let him pursue their equal pay claims, rather than rely on their trade unions.
Jacqueline, 51, of Hutchison Avenue, Edinburgh, said: “I thought Mr Cross would get me a quick settlement of my equal pay claim, but I didn’t realise there was a horrific penalty clause in the contract.
“The clause says that if I end the agreement or change lawyers before the case is settled I have to pay him £500 for every six months I was on his books…and if I go on to win the case I still have to pay him 100% of his costs on top of the £500.
“But that’s not all. If I accept an offer to settle the case, he still gets 10% of my compensation.”
Jacqueline who has worked for the council for 22 years added: “It’s absolutely outrageous and my new lawyers think it’s illegal.
“I went back to UNISON, my trade union, when I hadn’t heard a word from Mr Cross for three months.
“But then I started getting letters threatening to take me to an English County Court if I did not pay him. to recover his so-called debt, and I was terrified I would end up with a huge legal bill.
“Now UNISON has gone to court to stop him hassling me.”
UNISON’s Scottish Organiser Glyn Hawker said: “Stefan Cross portrays himself as the people’s champion but we’ve been warning our members for years that it will cost them if they instruct him.
“If he persuades a couple of thousand council workers to sign up with him, he only has to win one case, and the local authority will end up paying all the outstanding claims and he gets 10% of all their compensation.
“That’s a huge return.
“And it does not stop there, he can still charge our members £1,000 a year for the privilege of having signed up with him should they decide to take their case elsewhere.”
Syd Smith, Senior Partner with Thompsons Solicitors in Scotland who represent UNISON said:
“This case has huge implications for thousands of workers who may have signed up with Mr Cross and believe that they cannot go to another solicitor, no matter how dissatisfied they may be, for fear of crippling penalty charges.
“We believe Mr Cross is wrong on three points of law. Solicitors in Scotland cannot charge flat rate contingency fees. In other words, they cannot take a percentage cut from a persons money no matter what work was done. If we wanted to make a charge in these circumstances we would have to submit a detailed bill for all the work we had done.
“He cannot put penalties into these contracts.
“Mr Cross must also know perfectly well that he cannot go to an English County Court to try and enforce a contract he signed with a Scottish client in Scotland.
“That’s why we are seeking an interdict to stop his threats of action against Mrs Quinn."
Ends
For further information please contact:
Glyn Hawker, Scottish Organiser, UNISON 07876 441 237(m)
Syd Smith, Senior Partner, Thompsons 0131 225 4297
John Scott, John Scott Communications, for Thompsons 07917 729 201(m)
Fiona Montgomery, Information Development Officer, 0141 342 2852
Date: Tues 11 November 2008
Home Help Jacqueline Quinn is taking equal pay lawyer Stefan Cross to court after he charged her £500 for taking her case to another lawyer.
And last night Jacqueline, who works for Edinburgh City Council: “I think his bill is out of order and I am determined not to pay.
“But goodness knows how many other Scots workers are in the same position."
Newcastle based Cross shot to prominence by persuading thousands of local authority workers up and down the country to let him pursue their equal pay claims, rather than rely on their trade unions.
Jacqueline, 51, of Hutchison Avenue, Edinburgh, said: “I thought Mr Cross would get me a quick settlement of my equal pay claim, but I didn’t realise there was a horrific penalty clause in the contract.
“The clause says that if I end the agreement or change lawyers before the case is settled I have to pay him £500 for every six months I was on his books…and if I go on to win the case I still have to pay him 100% of his costs on top of the £500.
“But that’s not all. If I accept an offer to settle the case, he still gets 10% of my compensation.”
Jacqueline who has worked for the council for 22 years added: “It’s absolutely outrageous and my new lawyers think it’s illegal.
“I went back to UNISON, my trade union, when I hadn’t heard a word from Mr Cross for three months.
“But then I started getting letters threatening to take me to an English County Court if I did not pay him. to recover his so-called debt, and I was terrified I would end up with a huge legal bill.
“Now UNISON has gone to court to stop him hassling me.”
UNISON’s Scottish Organiser Glyn Hawker said: “Stefan Cross portrays himself as the people’s champion but we’ve been warning our members for years that it will cost them if they instruct him.
“If he persuades a couple of thousand council workers to sign up with him, he only has to win one case, and the local authority will end up paying all the outstanding claims and he gets 10% of all their compensation.
“That’s a huge return.
“And it does not stop there, he can still charge our members £1,000 a year for the privilege of having signed up with him should they decide to take their case elsewhere.”
Syd Smith, Senior Partner with Thompsons Solicitors in Scotland who represent UNISON said:
“This case has huge implications for thousands of workers who may have signed up with Mr Cross and believe that they cannot go to another solicitor, no matter how dissatisfied they may be, for fear of crippling penalty charges.
“We believe Mr Cross is wrong on three points of law. Solicitors in Scotland cannot charge flat rate contingency fees. In other words, they cannot take a percentage cut from a persons money no matter what work was done. If we wanted to make a charge in these circumstances we would have to submit a detailed bill for all the work we had done.
“He cannot put penalties into these contracts.
“Mr Cross must also know perfectly well that he cannot go to an English County Court to try and enforce a contract he signed with a Scottish client in Scotland.
“That’s why we are seeking an interdict to stop his threats of action against Mrs Quinn."
Ends
For further information please contact:
Glyn Hawker, Scottish Organiser, UNISON 07876 441 237(m)
Syd Smith, Senior Partner, Thompsons 0131 225 4297
John Scott, John Scott Communications, for Thompsons 07917 729 201(m)
Fiona Montgomery, Information Development Officer, 0141 342 2852
Wednesday, November 5, 2008
New UNISON Scotland equal pay contact point
UNISON Scotland equal pay contact point – equalpayscotland@unison.co.uk
Use this email address if:
Use this email address if:
- you think you may have an equal pay claim
- you would like more information on equal pay
- UNISON has lodged an equal pay claim on your behalf and you would like an update on your claim
- UNISON has lodged an equal pay claim on your behalf and you want to let us know you have changed your name/address/employment
- you would like to become more involved in the UNISON campaign for fair and equal pay
Friday, August 22, 2008
One in a million - Fair Pay now!
The 2008 pay claim is just part of UNISON’s ongoing campaign for Fair Pay. We need a good annual increase in local government pay to keep pace with rising prices, but we need much more besides. UNISON is pursuing over 15,000 equal pay claims in Scotland alone. Council workers in Scotland have already received around £400 million in compensation and the issue has yet to be resolved. Do you need information about equal pay?
Check out www.unison-scotland.org.uk/fairpay.html for more info. You can download the One in a Million leaflet there too.
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