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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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As a non union cleaner retired september 2015 from fife council

Customer Question

as a non union cleaner retired september 2015 from fife council i need help to make an equal pay claim
Submitted: 1 year ago.
Category: Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. When did the underpayments stop, when did you start getting the correct pay?
Customer: replied 1 year ago.
the equal pay is going back to 2007
Expert:  Ben Jones replied 1 year ago.
Thanks but when did the underpayments stop being made?
Customer: replied 1 year ago.
we had a payout in march 2006 so this claim is from april 2006 to now
Expert:  Ben Jones replied 1 year ago.
An equal pay claim can be brought in an employment tribunal at any time during the employment to which it relates or, if the employment has ended, any time before the end of the "qualifying period". In standard cases, the qualifying date is "six months after the last day on which the woman was employed in the employment. So if you retired in September 2015, you should still be within time to make a claim in the employment tribunal. Even if you run out of time there, you have the option of claiming in the county court too. You do not need to be a member of a union to claim, this can be helpful as they may assist you with the claim, but it is not a requirement and you can also make a claim yourself. This is your basic legal position. I have more detailed advice for you in terms of where to make the claim, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46170
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thank you. As mentioned you can go to the tribunal for your claim. A new feature in the employment tribunal’s claims process is mandatory early conciliation with ACAS. This requires prospective claimants to notify ACAS and provide details of their intended claim and they would then try to negotiate between the claimant and respondent to seek out of court settlement in order to avoid having to take the claim to the tribunal. It is possible for the parties to refuse to engage in these negotiations, or that they are unsuccessful, in which case they would get permission to proceed with making the claim in the tribunal.
If negotiations are initiated and settlement is reached, then the claimant would agree not to proceed with the claim in return for the agreed financial settlement.
The conciliation procedure and the form to fill in can be found here:
https://ec.acas.org.uk/Submission/SingleClaimantPage
In terms of the time limits within which a claim must be presented, the early conciliation process places a ‘stop’ on that and the time between notifying ACAS and them issuing permission to proceed with the claim would not count for the purposes of these time limits.

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