Witholding monies owed?

[cosmicjade26]

Hi guys, just looking for some advice about money that i and two other of my ex colleagues (now friends) think we are entitled to.

Bit of background (apologies if this turns out a long post)...

...I worked for a local council from Nov 2005 till Oct this year.
In April of this year we found out we were due a Job evaluation and pay grading review with the effective implementation date of the 1st april 2007, we were told that the implementation (after consultation with the unions) would be implemented (no specific date given at that point) and any back pay owed would be given.

After a few months they finally agreed to implement in Dec of this year (today was the implementation date as pay day was today). All staff got back money owed to them from 1st April 2007 to today in there wages. I was not given this back pay, the reason for this is i left the service of employment to move to another local authority on 2nd Nov this year.

My greivence is as follows, if the local council had implemented the revised pay and grading structure from the 1st april 2007 as required in 2004 national pay agreement i would have recieved this money in my pay every month till i left, but their failure to do so means i may have missed out on pay i would have been entitled to if they had implemented it.

My freind spoke to pay and empoyment this morning and was told that she could write to them with her problem and the details of her employment but they are under no obligation to pay anyone who left after the implementation, even though my friend explained that it was not her problem the local council had not implemented it when they should have, and the response given was "well it's not our problem either"

Are we right in thinking that because the people still employed have been given the back pay and pay increase we are also entitled to the back pay from 1st april 2007 till we left the employment.

Any advise greatly appriciated.

[WendyB]

Re: Witholding monies owed?

First thoughts are yes, you are entitled. Is this the same pay evalution that all the locla councils are doing with regards to pay scales equality? i beleive the councils are all having to do this, some are already done and dusted, others still tocome. Best thing to do would be to contact the Union, I'm sure they would be able to advise on the rules and regs as they have been involved with negotiations and consultationsall the way through. You could also speak to ACAS.

[Celestine]

Re: Witholding monies owed?

Advice Over Leavers and Job Changers
New UNISON national advice has been received to treat people changing jobs within the council as we have job leavers. Those who have either left the council or changed jobs within the council in the last six months will need to give their details to the national union through a short form available from the branch. This is to enable an individual equal pay grievance and employment tribunal case to be lodged where appropriate to protect the individual’s entitlement for any equal pay back pay for their previous job.
Full advice on this was given in an article with the enquiry form in October’s edition of the UNISON members magazine ‘U – Magazine’. This is also available on the UNISON website on
UNISON Campaigns | the public service union.
The branch is still hopeful we will win our arguments through the negotiations for the payment of backpay for jobs within the council prior to an individual’s current post or contract. The council is taking legal advice. We are awaiting a written statement of the council’s position.



Left your job recently but want to pursue an equal pay claim?
UNISON is campaigning for equal pay for all members now and into the future - and for the past.
Equal pay law allows you to claim loss of earnings and interest up to a maximum six years past - or five in Scotland.

If we can't negotiate proper compensation with employers, we will have to ask an employment tribunal to award it.

As with all legal proceedings, that involves strict procedures and time limits - and claims can and will fail if these are not met.

And the rules on time limits are very complicated and it is easy to slip up.

You need to claim within a fixed time of leaving the job you were discriminated against in.

Normally, that means when you leave employment, but it can also mean a change of job with the same employer or having your job transferred to a new employer.

In general, you must lodge a written grievance with your employer or former employer within six months of the date of leaving or changing jobs.

You must then wait at least 28 days before lodging a claim with a tribunal Ð but it must be lodged no more than nine months minus one day after leaving the job or changing employer.

The key thing is get help from the union as soon as possible.

Download an enquiry form (PDF format)

Should I worry about the time limits?
Are you still doing the same job as when the discrimination took place? Then the clock is not ticking: you can pursue an equal pay claim at any time - but the later you leave it to claim, the more chance there is that you may miss out on compensation for some past inequality as the tribunal can only award back pay for six years - or five Scotland.

Have you retired in the last six months, or are you planning to retire?
You must pursue a grievance within six months and lodge a claim within nine months, less a day, of retiring.

Have you been promoted or changed to a different job with the same employer?
The time limits could be measured from the change, so you should still pursue a grievance within six months and claim within nine months Ð or risk losing compensation for losses before the change. In some cases, a job change won't trigger a time limit but the only safe course is to assume that time has started to run. If in doubt, consult your union rep.

Have there been significant changes to your job, in, say, its responsibilities or the work you are required to do?
A significant change may also start time running. Again, if in doubt, consult your union rep.

Is your job the same, but your employer has changed through privatisation or transfer?
The time limits are measured from the date of the transfer: pursue a grievance with your old employer within six months and lodge a claim within nine months.

Have you had some compensation already and signed a "COT3" or Compromise Agreement?
Your claim up to the date in your settlement agreement has been concluded and can't be reopened. But you may have a claim for losses after the date of the settlement Ð the rules above will apply to that claim.

If you think you are out of time, contact the union immediately. We will do everything we can to help and may still be able to get some compensation for you.

More information on time limits, and extra copies of the enquiry form are available from UNISONdirect on 0845 355 0845. Textphone 0800 0 967 968, or email direct@unison.co.uk. Lines are open from Monday to Saturday 6am-midnight and on Saturday from 9am-4pm.

[cosmicjade26]

Re: Witholding monies owed?

Can i go through a union, as when i worked for the council i was a member of unison, but i am not yet a member of the new union in the new council where i am based, i have (can't send it now - will write a new one) a pay grievance letter for that was given to me by unison before i left the service which states why i am claiming the money, but when i spoke to pay and employment myself back in Oct they told me that an email sent to them from me with the relevent info and pay greivence would be accepted as just that and would be dealt with, but after a few emails back and forth they have said i now have to write in to them (i don't understand the difference) a letter is a letter.