LAWYERS HIT JACKPOTIN SINGLE STATUS ROW

28-03-2007

Dozens of Birmingham Council workers have failed to sign up to a deal compensating them for years oflow wages - leaving the city facing the prospect of a major class action lawsuit over its new Single Status agreement.

The local authority held sessions last week inviting homecare workers and other staff to accept cheques worth in some cases more than £30,000.

This is to make up for four years of under-payment - even though the Council admits that legally it is liable for six years back pay.

Although around 90% of staff are thought to have agreed the deal on the council's terms, that still leaves many workers willing to fight for their full entitlement.

Unison has even been recruiting new members who want backing to join a possible class action.

Meanwhile, as The Stirrer revealed in last week's Birmingham Mail column (read it in full here), the union is being pursued itself by former council workers who say they weren't told about their rights to compensation and who have now been left out of the back pay deal.

We've been contacted by dozens of people who want the help of Newcastle-based “no win no fee” lawyer Stefan Cross to take out case, because they believe Unison let them down by not informing them of their rights.

Unison says: “In order to bring a claim for equal pay an employee has to lodge a claim at an Employment Tribunal within six months of leaving their job.

“The actual equal pay claims, therefore, are out of time for those people who left their employment over six months ago and who did not lodge a written grievance with their former employer or make an Employment Tribunal application within six months of leaving the job.

“Sadly, the law only provides a small window of opportunity within which to bring equal pay claims. This is a legal requirement under the Equal Pay Act 1970 and it applies to all former employees and it is not a matter over which UNISON has any control or discretion.

“Indeed, UNISON has tried unsuccessfully to challenge the application of this time limit and took it as far as the House of Lords in the case of Powerhouse Retail & others v Burroughs & others [2006].

“Unfortunately, this means that it is not possible to assist members with legal claims when those members left their employment over six months ago. UNISON strives to achieve the best possible outcomes for its members and is always disappointed when the law does not permit it to bring cases on behalf of its members.

“UNISON members are always free to seek legal advice and assistance which is offered by UNISON within its membership rules, although it is not able to provide legal advice to individual members in relation to their own circumstances in the absence of the member requesting assistance.

“UNISON is continuing to negotiate and look to implement changes that are of benefit to Local Government employees and others.”

What this fails to address is the claims of some members that when theytried to pursue the issue with their union reps they were“fobbed off”; nor does it deal with the point made by Stefan Cross that after Single Status was introduced in 1997,unions in Birmingham were too slowto respond.

Only one thing is certain; out of the misery of low pay, a few wealthy lawyers are about to hit the jackpot.

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