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Equal Pay

If you are a member of Dudley UNISON, then you can lodge an Equal Pay Case by filling in our form and returning it to Equal Pay Unit, UNISON, 24 Livery Street, Birmingham, B3 2PA:

Guidance notes are available to help fill in the form:

Important Information about your claim

  • Dudley MBC has made an offer to settle any equal pay claim that you may have against them.
  • Our lawyers are advising that claims for equal pay from your occupational group have reasonable prospects of success. However, if you were to lodge an equal pay claim there is no guarantee that your claim will succeed and there is likely to be significant delay before your claim concludes.
  • If your claim is successful, then in principle you are entitled to 6 years back pay from the date of your claim being sent to the Tribunal. This is effective until 31 March 2013. Your back pay will be plus interest, but net of tax and national insurance.
  • The Council have said that the offer they are making to you is based on:

    • Actual employment periods up to a maximum of 6 years
    • Basic rates of pay (Social Care rates of pay deconsolidated)
    • Non Social Service staff - the Council have made a discount of 35% to reflect the risk of losing your case at a future employment tribunal hearing.
    • Social Services staff - the Council have made a discount of 45% to reflect the risk of losing your case at a future employment tribunal hearing.
    • A composite tax rate based on a figure provided by the Tax Office
    • A minimum payment of £200 (after tax)
  • The offer made by the Council will settle all claims for equal pay. This means that were you going to submit a claim for more than one job, the amount offered will settle all claims now and in the future up to 31 March 2013.

The Risks

If you reject the offer being made by the Council, you should be aware that there are risks involved in continuing with your claim and, briefly, they are:-

  • Bonus schemes will not be accepted as discriminatory
  • The employers' argument that you are not entitled to compare yourself with the bonus earners is accepted
  • In either of the above situations your claim would fail and these issues will have to be won before we win your claim

Please note we will not be able to provide you with a breakdown of how the Council have calculated your offer as they have not provided us with this information.

What next?

If you do not want to accept the Council's offer and you want to pursue an equal pay claim you will need to complete an Equal Pay CASE Form. We will then look at your claim and if appropriate lodge a grievance on your behalf and forward your claim to our solicitors to lodge in the employment tribunal. However, we cannot guarantee that your claim will be successful or how long it might take to progress through the employment tribunal. The council may not make you another offer.

If you have any questions please call the office on 01384 233870 or contact your local rep.