 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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