Saturday 12 July 2008

Why do I need to take out a grievance?

Because the Equal Pay Act requires that anyone who wishes to pursue a claim must first of all give the employer a chance to address the issue internally - before it is taken outside the council to the Employment Tribunals.

In practice, this means raising an individual grievance on behalf of everyone who is pursuing a claim - but this is not as daunting as it first seems because Stefan Cross does this for all clients automatically - there is little for individuals to do other than turn up at any meeting that is arranged.

You don't have to say anything or get involved in a discussion about your case - as this has already been submitted to the employer in a detailed statement.

Our experience is that not all employers observe this stage - and often those that do don't take it very seriously - because they don't address the issues or even attempt to explain the big pay differences between traditional male and female jobs.

But while the grievance stage often ends up as a terrible waste of people's time - because of the employer's refusal to engage and explain their position - it is nonetheless extremely important.

Because - as the trade unions have discovered - the Employment Tribunals can take a very dim view of anyone who tries to cut corners and fails to observe the rules.

Scotland's Employment Appeal Tribunal (EAT) has struck out all trade union claims that have not lodged an initial individual grievance - which comes as a great shock to many union members.

For more information on this point visit the Action 4 Equality Scotland blog site at: www.action4equalityscotland.blogspot.com

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