 Equal
Pay: Your questions answered
This information is not a definitive statement of the law and as
new information becomes available, new advice will be issued. Because
each individual's and each employer's situation may be different,
please contact your local branch for further information (click
here to find your branch)
See
also the Equal Opportunities Commission pages on Equal Pay.
- What is equal pay?
- What is UNISON doing to get Equal Pay?
- What is Job Evaluation and Single Status?
- How do I get compensation?
- How much compensation can I get?
- What is a compromise agreement?
- What should I be wary of in compromise agreements?
- What is a 'COT3' agreement?
- What if I've left my job or my job has changed
in the last six months?
- What about no-win-no-fee lawyers or legal action
groups like Action 4 Equality?
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What is Equal Pay?
The Equal Pay Act 1970 (EPA) gives an individual a right to the
same contractual pay and benefits as a person of the opposite sex
in the same employment, where the man and the woman are doing: Like
work; or Work rated as equivalent under an analytical job evaluation
study; or Work that is proved to be of equal value.
In local government this usually means comparing jobs done mainly
by women (like home carers) with jobs done mainly by men (like roadworkers)
- and the first difference noticed is usually bonus.
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What is UNISON doing to get equal pay?
Job evaluation and Single Status (see below) should help ensure
equal pay in the future and that is why branches across Scotland
are working hard to push employers to get fair job evaluation schemes
in place as soon as possible. But it will not repair the damage
of pay inequality in the past.
That is why UNISON is lodging equal pay claims with employers all
round the country - and if needed UNISON will take claims to tribunal.
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What is Job Evaluation and Single Status?
In 1999 members voted in a ballot for a new deal with councils
across Scotland called ‘Single Status’. The aim was to address pay
inequality and get a fairer single pay structure for all staff.
Every job in local government is to be evaluated through a job
evaluation scheme. The scheme would assess jobs equally and fairly
on agreed and transparent criteria. You know why your grade is what
it is. It creates one pay scale for all staff, doing away with the
historic manual and APT&C differences.
Job evaluation is designed to ensure equal pay.
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How do I get compensation?
If you think you are in a job that may have an equal pay case,
contact your branch right away. Remember, it is not just 'manual'
jobs, many APT&C jobs will also have claims. A claim is based
on the fact that you are in a job mainly done by women that compares
with a similar job mainly done by men but which attracts higher
pay.
The branch will lodge your claim with the employer.
In response, many employers are making 'compromise' offers. Your
branch will advise you on whether this is a fair offer or not.
However, if a fair offer cannot be achieved, UNISON will go to
law. Seek branch advice on taking your claim to tribunal.
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How much compensation can I get?
You can get up to 100% of the difference between your job and the
one you are compared with. This can be complicated. Initially many
employers are looking only at bonus as being the difference (although
UNISON believes there will also be claims based on grade). Even
with that, you need to calculate hours and years in the job.
You can get up to 5 years backdating.
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What is a compromise agreement?
This happens when the employer makes you an offer of compensation
which does not fully meet your possible claim. In return, you sign
away the right to make a claim against the employer.
Sometimes these offers are worth thinking about when you take into
account the time a tribunal case may take and the fact that you
can never be absolutely sure of winning a case at tribunal. In any
case, many tribunal cases do come to compromise settlements before
a tribunal is heard.
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What should I be wary of in compromise agreements?
Sometimes employers will ask you to sign away more rights than
the compensation covers. You might be signing away the right to
a claim on grade or equal value. If in doubt, don't sign and
contact UNISON.
Many employers are making an independent legal adviser available
to staff. Ask them:-
- what the payment is based on (for example many are based only
on bonus)
- what you might get at tribunal
- what additional rights you are signing away
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What is a 'COT3' agreement?
In some cases, the arbitration and conciliation service ACAS can
be involved to broker an agreement for compensation. This will also
involve signing away rights. If this arises in your area, contact
your UNISON branch immediately.
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What if I've left my job or my job has changed in the last six
months?
YOU MUST CONTACT UNISON IMMEDIATELY. You can only make a claim
within six months of any of the above happening. Conditions changes
can go unnoticed so make sure you consult your branch.
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What about no-win-no-fee lawyers or legal action groups like Action
4 Equality?
Lawyers are of course in the business to make money. Unlike your
union, they are not necessarily fighting for equal pay for everyone.
In parts of the country Action 4 Equality are making claims in adverts
about UNISON which are inaccurate, so take care.
Different lawyers may vary in their charges and most will only
be interested where they can get lots of high value claims to make
it worth their while.
They will charge (typically 10% + vat of what you win in your claim
but it could be more). Some will charge you a fee if you decide
not to proceed with your case, so make sure you check this out.
As mentioned above, UNISON is fighting for fair offers from employers
but if this cannot be achieved, the union will examine your case
and, if appropriate, our lawyers will take the case to tribunal.
There is no need to go to a no-win-no-fee lawyer. If you go to
another lawyer, UNISON cannot take your case as well.
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