Caretakers (in schools and other public buildings) are a predominantly male group of workers - but they have equal pay claims as well - despite the advice of the trade unions.
Why? Because caretakers were on some of the highest old manual worker grades (MW4, 5 and 6) to reflect their responsibilities at work - but just like many female jobs, caretakers earned far less than the bonus earning male groups - refuse workers, gardeners and gravediggers.
When Action 4 Equality came along and lifted the lid off equal pay - - we advised caretakers and other male groups that they too had valid equal pay claims - although they do rely on the women workers winning their claims first.
At the time, the unions rubbished what Action 4 Equality said - they laughed in the faces of their male members and told them they were wasting their time.
But now the unions have egg all over their faces - because the employment tribunals in a recent test case (Abbott and others v South Tyneside Council) have agreed male workers do indeed have perfectly valid equal pay claims.
Male claims are limited to the date when the first female claims are registered - but the decision also means that if employers leave the male groups out of the local equal pay settlements - then the male workers can complain of direct sex discrimination - and raise a separate claim for 'injury to feelings'.
The bottom line is that caretakers and other male groups are still very much in the game when it comes to equal pay - and have valuable claims - notwithstanding the lack of union support for their own members.
If you know of anyone that falls into this category - tell them the good news and help spread the word.
Monday 31 March 2008
News from Greenwich
Greenwich Council is in the process of making 'buy out' offers - but only to some of its many employees who have perfectly good equal pay claims.
As predicted (in two earlier posts dated 29 March), - the council is not explaining the size of the pay gap between traditional male and female jobs - or indeed how these 'buy out' offers are calculated.
So, they are really just trying to bully people into making decisions without understanding what they are being asked to accept - i.e. is the offer a 'good' or a 'bad' deal.
In reality, Greenwich employees are being offered a very poor deal - a one-off payment that does not even deliver equal pay - even after all these years
Also, the council are making offers only to some of the old 'manual worker's posts - leaving out groups like teaching assistants and many others who have perfectly valid claims.
As usual, the trade unions are nowhere to be seen and are failing to provide their members with practical advice and support.
For example, the unions (if they wanted to) could explain the size of people's claims. And the unions (if they wanted to) could explain the size of the pay gap between male and female jobs - after all they negotiated the bonus schemes for refuse workers, gardeners, gravediggers and suchlike.
Interestingly, ACAS are also involved in Greenwich - they are supposed to be impartial in any disputes between employers and their employees - but this publicly funded body is really just acting as an agent for the council - instead of providing professional, even-handed advice to employees as well.
ACAS won't explain the size of the pay gap or the real value of people's claims - so how can they possibly advise employees about whether a 'buy out' offer should be accepted?
We have chased them out of town in other parts of the country - we will now expose their shameful behaviour in Greenwich and other London boroughs.
As predicted (in two earlier posts dated 29 March), - the council is not explaining the size of the pay gap between traditional male and female jobs - or indeed how these 'buy out' offers are calculated.
So, they are really just trying to bully people into making decisions without understanding what they are being asked to accept - i.e. is the offer a 'good' or a 'bad' deal.
In reality, Greenwich employees are being offered a very poor deal - a one-off payment that does not even deliver equal pay - even after all these years
Also, the council are making offers only to some of the old 'manual worker's posts - leaving out groups like teaching assistants and many others who have perfectly valid claims.
As usual, the trade unions are nowhere to be seen and are failing to provide their members with practical advice and support.
For example, the unions (if they wanted to) could explain the size of people's claims. And the unions (if they wanted to) could explain the size of the pay gap between male and female jobs - after all they negotiated the bonus schemes for refuse workers, gardeners, gravediggers and suchlike.
Interestingly, ACAS are also involved in Greenwich - they are supposed to be impartial in any disputes between employers and their employees - but this publicly funded body is really just acting as an agent for the council - instead of providing professional, even-handed advice to employees as well.
ACAS won't explain the size of the pay gap or the real value of people's claims - so how can they possibly advise employees about whether a 'buy out' offer should be accepted?
We have chased them out of town in other parts of the country - we will now expose their shameful behaviour in Greenwich and other London boroughs.
Frequently Asked Questions (FAQs) 2
What happens to my claim if I leave my job?
Your claim will freeze on the last day of your employment in that job - but it will include up to six years back pay and the extra time added on since your claim was registered with your employer.
What if I move to another job within the council?
You should consider taking out another claim for the new job - because then the process can start all over again - unless you've earned some big promotion and huge pay rise into the bargain - it's likely your new job will have just as good a claim as your old one.
What if I reduce my hours?
Your claim will be based on all hours worked - over the period of your claim - employers often base their 'buy out' offers on the lower number of hours - so women who reduce their hours for childcare reasons, for example, are cheated twice over.
What if I leave the council altogether?
Your claim still continues along with all the others - it just freezes when you leave because you cannot keep adding time on to the claim if you are no longer employed by the council. However, you may have a claim in your new job - many NHS workers (nursing and other staff) have similar claims to those employed by councils.
Your claim will freeze on the last day of your employment in that job - but it will include up to six years back pay and the extra time added on since your claim was registered with your employer.
What if I move to another job within the council?
You should consider taking out another claim for the new job - because then the process can start all over again - unless you've earned some big promotion and huge pay rise into the bargain - it's likely your new job will have just as good a claim as your old one.
What if I reduce my hours?
Your claim will be based on all hours worked - over the period of your claim - employers often base their 'buy out' offers on the lower number of hours - so women who reduce their hours for childcare reasons, for example, are cheated twice over.
What if I leave the council altogether?
Your claim still continues along with all the others - it just freezes when you leave because you cannot keep adding time on to the claim if you are no longer employed by the council. However, you may have a claim in your new job - many NHS workers (nursing and other staff) have similar claims to those employed by councils.
Saturday 29 March 2008
Council 'buy out' offers (2)
Council make the big mistake of cheating their lowest paid workers in dealing with equal pay - by making one-off 'buy out' offers that people can't understand - at least without proper advice and support.
But councils always compound this initial mistake by leaving out thousands of other jobs - that have a perfectly good equal pay claim - and any financial compensation that's going around.
Typically, council 'buy out' offers are restricted to manual worker jobs - and these offers are a truly rotten deal for the folks concerned.
But the employers try to bully and bamboozle people into accepting a very poor settlement - because the trade unions stand aside, say nothing and effectively help the employers do their dirty work.
However, the fact remains that many jobs are completely ignored - lots of low paid APT&C or white collar jobs - and the hard working employees doing these jobs are offered nothing at all - despite the fact that they have every bit as good a claim.
Equal pay is not just about manual workers - it's about the skills and responsibilities required of your job - and how your final pay compares to the pay of other male dominated jobs within the council.
So, many other female dominated jobs and areas have an excellent argument for being paid £11 and £12 an hour, including:
The best way to do that is to pursue your own individual equal pay claim - what have you got to lose?
But councils always compound this initial mistake by leaving out thousands of other jobs - that have a perfectly good equal pay claim - and any financial compensation that's going around.
Typically, council 'buy out' offers are restricted to manual worker jobs - and these offers are a truly rotten deal for the folks concerned.
But the employers try to bully and bamboozle people into accepting a very poor settlement - because the trade unions stand aside, say nothing and effectively help the employers do their dirty work.
However, the fact remains that many jobs are completely ignored - lots of low paid APT&C or white collar jobs - and the hard working employees doing these jobs are offered nothing at all - despite the fact that they have every bit as good a claim.
Equal pay is not just about manual workers - it's about the skills and responsibilities required of your job - and how your final pay compares to the pay of other male dominated jobs within the council.
So, many other female dominated jobs and areas have an excellent argument for being paid £11 and £12 an hour, including:
- Office and admin workers
- Community workers and carers
- Catering managers and supervisors
- School secretaries and support staff
The best way to do that is to pursue your own individual equal pay claim - what have you got to lose?
Council 'buy out' offers (1)
We've had lost of enquiries this week about council offers to 'buy out' people's equal pay claims with one-off offers of compensation.
Typically, councils accompany these 'buy out' offers with a demand for a waiver - which says that the employee will take no further legal action over their rights to equal pay.
As everyone knows, these offers are an absolute con - they are cheating people out of what they are really due - and typically are worth less than 40% of the true value of people's claims.
In many cases the 'buy out' offers are worth much less (20 or 30% often) - because the employers base them on contractual hours - as opposed to actual hours worked - so employees lose out on years of overtime or additional hours.
The reality is that the employers (and the unions) have kept low paid women workers deliberately in the dark about equal pay for years - then they come along and make offers that deliberately don't explain:
1 What the traditional male jobs have been getting paid by way of hidden bonuses
2 How the 'buy out' offers are calculated
So, how can people work out what they're really worth - and whether they're being invited to accept a good deal or a completely rotten deal.
It's like someone cheating you out of £30,000 - offering to give you £10,000 back - and then expecting you to be grateful!
Action 4 Equality's advice is to:
Typically, councils accompany these 'buy out' offers with a demand for a waiver - which says that the employee will take no further legal action over their rights to equal pay.
As everyone knows, these offers are an absolute con - they are cheating people out of what they are really due - and typically are worth less than 40% of the true value of people's claims.
In many cases the 'buy out' offers are worth much less (20 or 30% often) - because the employers base them on contractual hours - as opposed to actual hours worked - so employees lose out on years of overtime or additional hours.
The reality is that the employers (and the unions) have kept low paid women workers deliberately in the dark about equal pay for years - then they come along and make offers that deliberately don't explain:
1 What the traditional male jobs have been getting paid by way of hidden bonuses
2 How the 'buy out' offers are calculated
So, how can people work out what they're really worth - and whether they're being invited to accept a good deal or a completely rotten deal.
It's like someone cheating you out of £30,000 - offering to give you £10,000 back - and then expecting you to be grateful!
Action 4 Equality's advice is to:
- Reject these one-off 'buy outs'
- Pursue an individual equal pay claim
- Hold out for what your claim is really worth
Friday 21 March 2008
Frequently Asked Questions (FAQs) 1
Here are some frequently asked questions about pursuing an equal pay claim - more will be added as time goes by - if you have a query, just drop an e-mail to: markirvine@compuserve.com
Which council employees have an equal pay claim?
All of the lower paid groups - which means a big majority of women workers because they are all to be found at the bottom of the pay ladder.
Do only manual worker employees have a claim?
No, equal pay is not restricted to manual workers or former manual workers - it's about the skills used and responsibilities required in your job.
What is a comparator?
A comparator is another council employee (usually male) who is paid more than you - despite the fact that the difference in pay between the two jobs seems impossible to justify. For example, home carers or classroom assistants are paid much less than refuse workers, which seems completely ridiculous to any fair minded person.
Do clerical/admin and similar workers have a claim?
Yes, definitely. Often these female dominated jobs require high level skills and qualifications - yet they get paid much less than many unskilled male jobs.
Are the unions aware of the difference in pay between male and female jobs?
Yes, because they negotiate the bonus payments for the male jobs - but they have kept them secret from the women workers all these years - fearing, quite rightly, that they will have a lot of explaining to do to their low paid women members.
Do I have to be in a union to make a claim?
No, absolutely not. We have lots of clients who are union members and many others who are non-union members. We also have clients who are former union reps - fed up with all the excuses and lies they've been forced to put up with for years.
Which council employees have an equal pay claim?
All of the lower paid groups - which means a big majority of women workers because they are all to be found at the bottom of the pay ladder.
Do only manual worker employees have a claim?
No, equal pay is not restricted to manual workers or former manual workers - it's about the skills used and responsibilities required in your job.
What is a comparator?
A comparator is another council employee (usually male) who is paid more than you - despite the fact that the difference in pay between the two jobs seems impossible to justify. For example, home carers or classroom assistants are paid much less than refuse workers, which seems completely ridiculous to any fair minded person.
Do clerical/admin and similar workers have a claim?
Yes, definitely. Often these female dominated jobs require high level skills and qualifications - yet they get paid much less than many unskilled male jobs.
Are the unions aware of the difference in pay between male and female jobs?
Yes, because they negotiate the bonus payments for the male jobs - but they have kept them secret from the women workers all these years - fearing, quite rightly, that they will have a lot of explaining to do to their low paid women members.
Do I have to be in a union to make a claim?
No, absolutely not. We have lots of clients who are union members and many others who are non-union members. We also have clients who are former union reps - fed up with all the excuses and lies they've been forced to put up with for years.
Thursday 20 March 2008
Why are the unions so useless?
Why are the trade unions so bad at getting to grips with equal pay?
A very good question - after all it's been unlawful to discriminate on grounds of pay for almost 40 years - ever since the introduction of the Equal Pay Act in 1970.
In 1997, the trade unions signed a landmark equal pay agreement with the council employers - it was called the Single Status Agreement and took years to negotiate. So both sides signed up with their eyes wide open - they knew very well that to achieve equal pay they had to introduce modern, non-discriminatory pay structures.
At the heart of the Single Status Agreement was a commitment to sweep away years of pay discrimination against many female jobs. The unions and the employers recognised that unskilled male jobs were being paid thousands of pounds more than many female dominated jobs - and that was the real driving force for change.
The unions knew that their women members had cast iron claims, if they challenged the old pay and grading system. So did the employers - and that's why the Single Status Agreement came about.
Yet, the key aspect of the agreement was never implemented. Why? Because it represented an enormous challenge - a sea change - inside the trade unions and affected their sometimes all too cosy relationships with employers.
Achieving equal pay requires a fundamental change of attitude - a culture shift - a real determination to put the less well organised and less vocal groups (i.e. women workers and members) on an equal footing to everyone else.
Women are generally less inclined to be union activists; many have no workplace (e.g. home carers) or are scattered in small groups that seldom meet up; they have more family commitments and less time to make their voices heard - inside organisations that have lots of political baggage and vested interests.
The truth is that the ordinary union members (predominantly women) who stood to gain most form Single Status were effectively outmanoeuvred by a combination of union activists with their own agendas and die-hard opponents among the employers.
So, a complex equal pay agreement - the subject of painstaking consultation, that took several years to negotiate, that was hailed as a major breakthrough at the time - was simply allowed to wither on the vine.
But women workers in London now have a choice - they don't have to rely upon the unions and council employers. Women workers in London can now take control of their own affairs - and pursue an individual equal pay claim with Action 4 Equality and Stefan Cross.
A very good question - after all it's been unlawful to discriminate on grounds of pay for almost 40 years - ever since the introduction of the Equal Pay Act in 1970.
In 1997, the trade unions signed a landmark equal pay agreement with the council employers - it was called the Single Status Agreement and took years to negotiate. So both sides signed up with their eyes wide open - they knew very well that to achieve equal pay they had to introduce modern, non-discriminatory pay structures.
At the heart of the Single Status Agreement was a commitment to sweep away years of pay discrimination against many female jobs. The unions and the employers recognised that unskilled male jobs were being paid thousands of pounds more than many female dominated jobs - and that was the real driving force for change.
The unions knew that their women members had cast iron claims, if they challenged the old pay and grading system. So did the employers - and that's why the Single Status Agreement came about.
Yet, the key aspect of the agreement was never implemented. Why? Because it represented an enormous challenge - a sea change - inside the trade unions and affected their sometimes all too cosy relationships with employers.
Achieving equal pay requires a fundamental change of attitude - a culture shift - a real determination to put the less well organised and less vocal groups (i.e. women workers and members) on an equal footing to everyone else.
Women are generally less inclined to be union activists; many have no workplace (e.g. home carers) or are scattered in small groups that seldom meet up; they have more family commitments and less time to make their voices heard - inside organisations that have lots of political baggage and vested interests.
The truth is that the ordinary union members (predominantly women) who stood to gain most form Single Status were effectively outmanoeuvred by a combination of union activists with their own agendas and die-hard opponents among the employers.
So, a complex equal pay agreement - the subject of painstaking consultation, that took several years to negotiate, that was hailed as a major breakthrough at the time - was simply allowed to wither on the vine.
But women workers in London now have a choice - they don't have to rely upon the unions and council employers. Women workers in London can now take control of their own affairs - and pursue an individual equal pay claim with Action 4 Equality and Stefan Cross.
Stefan Cross and Mark Irvine
Stefan Cross is the UK's leading equal pay lawyer - Stefan Cross Solicitors and Action 4 Equality have successfully challenged the employer/union establishment - over their failure to tackle the widespread pay discrimination that continues to blight a great many of jobs done predominantly by female council workers. Stefan worked previously for Thompsons - the external lawyers that advise Unison - and built his reputation there fighting some of the landmark equal pay cases in the UK courts.
Mark Irvine is the organiser and spokesperson for Action 4 Equality in Scotland - and is now planning a similar campaign in London. Mark knows London well having lived and worked there for years - as a full-time trade union official with NUPE, which merged with two other unions in 1993 to become Unison. Mark is now an independent consultant, but worked at the highest levels of the trade union movement for 25 years. Mark is a freelance writer (amongst other things) and writes a widely read blog site about equal pay in Scotland - which has a wealth of background information and can be read at www.action4equalityscotland.blogspot.com
Mark and Stefan are determined to let council workers in London know just how badly they've been let down by the employers and the trade unions. For years they've talked about the importance of equal pay - then provided over a discredited system that pays carers and classroom assistants thousands of pounds a year less than refuse workers.
No harm intended to the refuse workers - but if they're worth £9, £10 and £11 per hour - why aren't all the female dominated council jobs worth just the same?
Mark Irvine is the organiser and spokesperson for Action 4 Equality in Scotland - and is now planning a similar campaign in London. Mark knows London well having lived and worked there for years - as a full-time trade union official with NUPE, which merged with two other unions in 1993 to become Unison. Mark is now an independent consultant, but worked at the highest levels of the trade union movement for 25 years. Mark is a freelance writer (amongst other things) and writes a widely read blog site about equal pay in Scotland - which has a wealth of background information and can be read at www.action4equalityscotland.blogspot.com
Mark and Stefan are determined to let council workers in London know just how badly they've been let down by the employers and the trade unions. For years they've talked about the importance of equal pay - then provided over a discredited system that pays carers and classroom assistants thousands of pounds a year less than refuse workers.
No harm intended to the refuse workers - but if they're worth £9, £10 and £11 per hour - why aren't all the female dominated council jobs worth just the same?
Tuesday 18 March 2008
What is my claim worth?
Four factors affect the size of your equal pay claim: the job you do, the number of hours you work, your length of service and the size of the pay gap.
A typical pay gap is £3.00 per hour - so if you work 35 hours in a week, your claim would be for: £3.00 x 35 hours = £105.00 x 52 weeks = £5,460 x 6 years (the maximum if you have 6 years service) = £32,760 plus around £4,000 interest
Equals a grand total of approximately £36,760 - that's how much more the male bonus earning jobs have been paid over the past 6 years - compared to the women's jobs!
Your claim can only go back in time for up to a maximum of 6 years - but once registered your claim starts adding time on going forward - so if it takes a year to resolve through the employment tribunals, another year is added on to your claim.
All the hours you work form the basis of your claim - so if you work any overtime or additional hours, these are all taken into account.
Part-time workers have exactly the same claim as full-time staff - just pro rata the calculation and multiply the £3.00 pay gap by the number of hours you work in a year - and again by up to six years service.
The pay gap varies from council to council - depending on the size of the bonus payments paid to traditional male jobs - £3.00 per hour is a typical figure, but the real one may be slightly higher or slightly lower.
So, spread the word - to friends, family and co-workers!
A typical pay gap is £3.00 per hour - so if you work 35 hours in a week, your claim would be for: £3.00 x 35 hours = £105.00 x 52 weeks = £5,460 x 6 years (the maximum if you have 6 years service) = £32,760 plus around £4,000 interest
Equals a grand total of approximately £36,760 - that's how much more the male bonus earning jobs have been paid over the past 6 years - compared to the women's jobs!
Your claim can only go back in time for up to a maximum of 6 years - but once registered your claim starts adding time on going forward - so if it takes a year to resolve through the employment tribunals, another year is added on to your claim.
All the hours you work form the basis of your claim - so if you work any overtime or additional hours, these are all taken into account.
Part-time workers have exactly the same claim as full-time staff - just pro rata the calculation and multiply the £3.00 pay gap by the number of hours you work in a year - and again by up to six years service.
The pay gap varies from council to council - depending on the size of the bonus payments paid to traditional male jobs - £3.00 per hour is a typical figure, but the real one may be slightly higher or slightly lower.
So, spread the word - to friends, family and co-workers!
Monday 17 March 2008
Action 4 Equality - London Launch
Action 4 Equality has transformed the fight for equal pay in the UK.
In Scotland, and in parts of England, Action 4 Equality has forced council employers to get off their lazy backsides and do what they promised to do 10 years ago - introduce modern pay and grading structures.
In 1998, all the councils in London (with the support of the trade unions) signed up to a landmark Single Status Agreement - which was designed to sweep away years of pay discrimination between male and female jobs.
In the negotiations leading up to this agreement, both sides (employers and trade unions) openly acknowledged that many female jobs were badly undervalued and underpaid.
For example, Home Carers or Cooks were on higher grades than council Refuse Workers or Gardeners, but nonetheless ended up with less take home pay - because of hidden bonuses paid only to male jobs. The same is true of a Catering Assistant and a Road Sweeper.
Typically, most female dominated council jobs are paid only £6 or £7 per hour - but the traditional male jobs are much better paid at £9, £10 and £11 an hour - because their bonuses are often worth 50% + on top of their basic pay.
It's an open secret (among the employers and trade unions) that these traditional male jobs - refuse workers, gravediggers and gardeners - get paid much more (thousands of pounds a year more) than female dominated jobs such as carers, catering workers, cleaners and classroom assistants.
And this is despite the fact that the female jobs are just as hard (or harder) - and often involve a great deal more skill and responsibility.
If you work in a female dominated council job in London, you are likely to have a substantial claim - worth up to 6 years back pay plus interest.
Action 4 Equality has a proven track record of success and thousands of satisfied clients. We tell people what they need to know - and you can read about our activities in Scotland on our other blog site - www.action4equalityscotland.blogspot.com
Action 4 Equality has now finally arrived in London - this week is launch week with a London wide advertising campaign.
We mean business and we mean to do what we've done successfully elsewhere - force the council employers to take equal pay seriously - after 10 long years of inactivity and pathetic excuses.
You can contact Action 4 Equality London by telephone on 0845 300 3 800 or by e-mail at: markirvine@compuserve.com
In Scotland, and in parts of England, Action 4 Equality has forced council employers to get off their lazy backsides and do what they promised to do 10 years ago - introduce modern pay and grading structures.
In 1998, all the councils in London (with the support of the trade unions) signed up to a landmark Single Status Agreement - which was designed to sweep away years of pay discrimination between male and female jobs.
In the negotiations leading up to this agreement, both sides (employers and trade unions) openly acknowledged that many female jobs were badly undervalued and underpaid.
For example, Home Carers or Cooks were on higher grades than council Refuse Workers or Gardeners, but nonetheless ended up with less take home pay - because of hidden bonuses paid only to male jobs. The same is true of a Catering Assistant and a Road Sweeper.
Typically, most female dominated council jobs are paid only £6 or £7 per hour - but the traditional male jobs are much better paid at £9, £10 and £11 an hour - because their bonuses are often worth 50% + on top of their basic pay.
It's an open secret (among the employers and trade unions) that these traditional male jobs - refuse workers, gravediggers and gardeners - get paid much more (thousands of pounds a year more) than female dominated jobs such as carers, catering workers, cleaners and classroom assistants.
And this is despite the fact that the female jobs are just as hard (or harder) - and often involve a great deal more skill and responsibility.
If you work in a female dominated council job in London, you are likely to have a substantial claim - worth up to 6 years back pay plus interest.
Action 4 Equality has a proven track record of success and thousands of satisfied clients. We tell people what they need to know - and you can read about our activities in Scotland on our other blog site - www.action4equalityscotland.blogspot.com
Action 4 Equality has now finally arrived in London - this week is launch week with a London wide advertising campaign.
We mean business and we mean to do what we've done successfully elsewhere - force the council employers to take equal pay seriously - after 10 long years of inactivity and pathetic excuses.
You can contact Action 4 Equality London by telephone on 0845 300 3 800 or by e-mail at: markirvine@compuserve.com
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