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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 47342
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I am a member of unison...I have worked with south lanarkshire

Resolved Question:

I am a member of unison...I have worked with south lanarkshire council since 1989. Equal pay we hear is about to be paid out. I have followed unison advice all the way on the equal pay journey. I was told and I have it on email from Stephen Smellie himself that I didnt need to do anything because if one person gets paid out we all get it. Because of the rumour mill I decided to send in a claim...I sent in payslips etc...however unison have now come back and said I am time barred. I have asked Stephen Smellie about this and he has referred me to the lawyer for unison. At no time has unison told me to put claims in. I havebeen promoted from a cook in charge to a co ordinator to my post now as a facility officer. I have informed Stephen Smellie every time I have been promoted and again I have an email where he says he will get it recorded. Please can you advise where you think I stand...I believe I would be entitled to a good few thousand pounds. Any help is appreciated. Ishbel Gowen.
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

What specific queries do you have about this situation?

Customer:

Will I get a payout? If they say im time barred and not getting a pay out will i have a clase against the union?

Customer:

Can you answer my question? Before I give my rating

Ben Jones :

Yes I need to get it ready first though, which I am doing now

Customer:

Ok thank you...I

Ben Jones :

I cannot say if you will get a pay-out or not – there are of course a number of factors that will affect t this and based on the limited information I have I am in no position to tell if you will definitely get paid or not.


 


As far as the time limits are concerned, an equal pay claim can be made at any time during the employment to which it relates or, if the employment has ended, within 6 months of leaving. So for example if you were subject of a TUPE transfer the time limit would end 6 months after the transfer.


 


If you are out of time for a tribunal claim then the county court has a 6-year time limit so it is also an option.


 


If you were successful then you can only go back and receive back pay for arrears for the last 6 years before the claim. So you cannot claim back for unequal pay going back years and years for example.


 


If you were negligently advised by the union and as a result missed a deadline to claim, then there is the option of pursuing them for professional negligence arguing that the advice you received from them fell below the standard that a reasonable union would have provided and it resulted in you suffering losses.

Customer:

I did receive a letter after I put the claim in to the union where they said I had missed the 6 month deadline by 24 hrs...I asked them to reconsider as I had been given no information about claiming. They still said I was time barred. When I went back to my union rep Stephen Smellie he said not to worry I wpuld still get my pay out. I am assuming from your answer that pursuing the union would be my only way?

Ben Jones :

the time limits on claiming in the tribunal are strict and they have no authority to extend them so it will be a factual issue as to whether you are in time or not. If you are really out of time and can attribute this to the negligent advice of the union, then your only option would be to pursue them separately for negligence

Customer:

Thank you for the information at least I know what to do and also how I can start to pursue this. Regards XXXXX XXXXX

Ben Jones :

You are most welcome. Please take a second to leave a positive rating for the advice I have provided as that is an important part of our process. Thank you and feel free to bookmark my profile for future help:



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