RepsDirect No 396 - 5 September 2005



From
Head of Health, Gail Cartmail General Secretary, Derek Simpson

Equal Pay - Advice to members

Have you lost out on pay equality under Agenda for Change? Do you need advice on equal pay?

Amicus members working for the NHS are all in one way or another involved in Agenda for Change (AfC). Some have been matched to national job evaluation profiles, others evaluated locally and many have been assimilated onto the new AfC pay spine.

An important reason behind setting up the talks that resulted in AfC was the urgent need to tackle pay inequality between NHS employees across the UK and in particular unlawful pay discrimination based on historic sex discrimination. Have we achieved this objective?

The evidence so far shows that the analytical job evaluation scheme, the method used to ‘measure’ the value of work undertaken, has ironed out pay discrimination introducing pay increases of many in roles most usually undertaken by women employees, for example community nursery nurses have benefited from significant pay increases.

So is the job of embedding pay equality now complete? For the majority of Amicus members the answer is yes. This is not to ignore the huge task that remains to match and assimilate our members.

But it may be possible for some members to make claims under the Equal Pay Act in an employment tribunal for compensation.

The outcome of litigation is always uncertain and most importantly Agenda for Change overall provides a new pay system which is mostly beneficial to NHS employees and which they have voted to accept.

Amicus will therefore be vigorously pressing for a negotiated settlement on behalf of our members. This will not be an easy task and will require immense effort and political lobbying to get the necessary commitment for funding from government.

How do I know if I am entitled to claim?

If you have worked for your current NHS employer during the past six years or have recently changed jobs within the NHS and if you were paid less than someone of the opposite sex doing the same or similar job or one of equal value you may be eligible.

Amicus, with other unions, is arranging for a newly established Equal Pay Unit to assess all claims. It will look at the information you provide and give you an initial view on whether you might have a claim. This costs you nothing.

What do I do if I think I might have a claim?

Just fill in the form below (you can also download one from the Amicus website (www.amicustheunion.org) or ask your Regional Officer for one) and return it to the Equal Pay Unit by September 30, 2005.

If you have already been assimilated to Agenda for Change pay scales you need to return your form to the Equal Pay Unit by September 9, 2005.

What if I miss these deadlines?

If you miss the deadline and Agenda for Change has already been implemented in your workplace it will be your responsibility to submit a grievance and lodge any claim within the statutory time limits. To do this you must fill in an employment tribunal claim using form ET1 and lodge it within six months of the date of the termination of your old contract.

Be aware although Amicus does not accept it as necessarily correct, your employer might argue that this should be six months from the date of your assimilation to Agenda for Change. In addition, a grievance must be submitted before a tribunal claim is lodged; otherwise the tribunal will not accept it.

It’s easier all round to submit your claim to us within the deadline!

What will Amicus do for me?

We will continue to try to get a collective solution on back pay. But in case that cannot be done, we will assess the likelihood of your case succeeding and let you know our opinion. Naturally, not all cases will be strong enough to take to a tribunal. If this is the case, the Equal Pay Unit will write to you and advise it will not be possible to pursue your claim or represent you any further.

“Agenda for Change introduces benefits for many Amicus members yet the process has further exposed long standing discrimination,” says Gail Cartmail, Amicus national officer, health.

“Amicus is committed to eliminating pay inequality and see the task of sorting out compensation as a necessary step. No one can gain from protracted litigation and that is why Amicus is putting immense efforts into achieving a negotiated settlement but at the same time safeguarding our member’s statutory rights.”

Coupon/box

If you wish to make a claim via the unit please write to The Equal Pay Unit, PO Box 434, Sheffield, South Yorkshire, S1 4YS

Full name
Title(Mr/Ms/Mrs)
Home address
Home telephone number/mobile number
Email address (if any)
Union membership number
Name of employer
Address of employer
Address of workplace
Job title - current
Grade before Agenda for Change
Grade under Agenda for Change

All questions must be answered in full otherwise the unit will not be able to pursue your claim on your behalf.

If you have any question arising from this edition of Reps Direct please contact your Regional Officer.


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