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Update for NLC EV First Wave Claimants – 6th May 2015

 

Update for NLC EV First Wave Claimants – 6th May 2015

Further to our previous updates for First Wave EV claimants such as Clerical workers and Classroom Assistants we can advise that further progress has been made at the Remedies Hearing on 20th April 2015. The Council have been ordered to respond to our calculations by 18th May 2015 and there is a further hearing in the Glasgow Employment Tribunal on 26th May 2015. We have instructed Ms Daphne Romney QC and we are doing everything possible to resolve all EV cases as soon as possible.

We fully appreciate that some claimants are very frustrated by the delay in resolving matters. We have received some concerned messages this week as 2nd wave offers have been sent out. But we reassure you that we are doing everything possible to obtain an award from the Tribunal. We have progressed our cases further to a full Remedies Hearing. We appreciate your continued patience and cooperation.

We will update the website again as soon as there are any further developments. If any offer of award is made we have a professional duty to write to you. We are experts in this field and we aim to provide the highest possible legal advice and representation to obtain the best possible outcome of your case.

Update – West Lothian Council 2nd wave cases – Preliminary Hearing on Tuesday 27th April in the Glasgow Employment Tribunal.

Update – West Lothian Council 2nd wave cases – Preliminary Hearing on Tuesday 27th April in the Glasgow Employment Tribunal.

We have undertaken further preparation and attended another Preliminary Hearing on 27th April 2015. We are pleased to report that some progress has been made at the Tribunal. Following robust arguments on behalf of our claimants the Judge has ordered West Lothian Council to respond within 7 days to a ‘Notice to Admit’ that we served upon them. This means that the Council has to state clearly to the Tribunal if they have no Genuine Material Factor (GMF) defence to bonus payments made to male comparators. As there was no GMF hearing against West Lothian Council it is important that we know the legal arguments of the Council before we can address the 2nd wave period after September 2007 and the implementation of Single Status.

West Lothian Council have pleaded that they have a GMF defence since 2006. If they do not now agree to admit that there is no such defence and maintain that they have a GMF defence to these equal pay cases then they have been directed to specify this defence within 21 days. A further hearing has then been arranged for 27th May 2015. We will prepare further and keep our claimants advised.

At the time of writing West Lothian Council has refused to enter settlement discussions on behalf of our claimants. We therefore insisted on further procedure before the Tribunal. However we also submitted that we would seek costs against the Council and their legal representatives if we are forced to prepare for lengthy Tribunal Hearings which collapse or are conceded by the Council at a later date.

 

We will post further updates if there are any other developments following the hearing today. Please keep visiting our website.

 

Thank you for your continued patience and cooperation.

NLC Update 30/04/2015

We are delighted to say that the first 1000 letters to our NLC clients are now being dispatched this afternoon. This is a very labour intensive process and we hope to get another 1000 out tomorrow and again on Tuesday. We are closed on Monday for the bank holiday. Please do not contact the office if you do not receive your offer over the next few days.  We hope all offers will arrive with you by the end of next week.

The very tired and dedicated team at Fox and Partners.

Update 20/04/2015 – NLC 2nd wave settlement

Further to the last update we regret the delay in sending out settlement offers to our claimants. We have been pressing the Council to release all offers so that we can progress matters. We understand that it has taken longer than expected at the Council to check over 3000 offers. However we are in daily contact with North Lanarkshire Council and we may need to decide to send out offers in batches so that those that have been checked can be released. We will keep you updated via this website. We cannot comment on any other  rumours or actions of third parties.

Please be assured that we are doing everything possible to progress this settlement. We appreciate your continued patience and cooperation.

We will keep you updated. Please do not contact our office as staff will be unable to advise you of any further information.

Thank you
Carol Fox

Update 15th April 2015 – Equal pay cases v East Dunbartonshire Council

Update 15th April 2015 – Equal pay cases v East Dunbartonshire Council

Further to our last update we represent 18 claimants against East Dunbartonshire Council. We have pursued settlement offers for some considerable time. Despite reaching agreement in principle with the Council we have yet to receive any offers. We have chased these offers repeatedly and have now been informed that due to lack of resources at the Council they require a further three months. In the meantime Employment Tribunal proceedings will be postponed. We will continue to work with the Council and the local unions to seek a resolution of these cases. When the Council make settlement offers we have a professional duty to write to you. In the meantime we ask for your continued patience and cooperation. Please keep checking our website which will be updated when there are further developments which we can share. While we appreciate that this ongoing delay is very frustrating we are doing everything in our power to bring your case to a conclusion.

Update on Wednesday 8th April 2015 – North Lanarkshire 2nd wave settlement

North Lanarkshire 2nd wave settlement – update on Wednesday 8th April 2015

Further to our last update and the announcement of the settlement we have been extremely busy preparing Settlement Packs which include legal advice with each offer of settlement. As we have over 3,200 claimants this has involved a great deal of work. Our office continues to receive a high volume of calls and e-mails.

We must ask you to remain patient and appreciate that we are doing everything possible to send letters as soon as we can. Many claimants have advised us of a change of name or a new address and this information needs to be updated on our database before all letters can be generated by the computer. We hope to be able to print and collate offer letters to be sent by the week of 20th April 2015 but this timescale will be delayed further if our staff are unable to concentrate on the preparation of all legal paperwork.

If you have omitted to update us of any change in circumstances you must write to us stating your full name, NI number, old/ new address and old / new name to enable us to identify you correctly and update records. We will not however delay producing offers.

We are grateful for your continued patience and cooperation. We hope that all offers can be sent this month. If this situation changes we will post a further update.

Carol Fox

Fox and Partners

Update-25th-March-2015- Equal pay cases v Glasgow City Council and others

Equal pay cases v Glasgow City Council and others

Our appeal at the Employment Appeal Tribunal in Edinburgh took place on 9th – 11th December 2014. However, the appeal hearing did not conclude and further dates have been set for 12 -15th May 2015. While the appeal is underway we cannot make public comment but we will update the website if there are any significant developments.

We have an expert legal team instructed on behalf of the 5,500 claimants represented by Fox and Partners. We have instructed one of the top QCs in the UK, Mr Robin Allen, who is an expert in the field of discrimination and equal pay law. In addition we have top Scottish Counsel Mr Jonathan Mitchell QC. We have undertaken considerable preparation for the appeal and have worked in full cooperation with the legal representatives instructed for union backed claimants.

Please note that, given the number of claimants involved in this case, it is difficult to respond to individual telephone calls and e-mails. If there are any developments in relation to your individual case we have a professional duty to write to you. In the meantime we appreciate your continued patience and cooperation and ask you to keep visiting our website for updates. If you do not have a computer at home your local library should be able to assist you.

The first equal pay cases against Glasgow City Council were lodged in summer 2005. Please be assured that, almost a decade later, we are doing everything in our power to bring your case to a successful conclusion as soon as possible. We remain confident that we have strong grounds of appeal and we will keep you updated if there are any further developments.

Carol Fox

Fox and Partners

Update-25th-March-2015 – 2nd wave cases v Fife Council

We represent 577 claimants with equal pay cases against Fife Council. All of our cases have been settled up to 1st April 2007 when the Council implemented Single Status, the period after this date is known as 2nd wave. We have been involved in long running 2nd wave hearings in other Councils and we therefore proposed a number of steps to be taken by Fife Council to progress these cases. We have no hearing dates in the diary at present but hope to meet with the Council in the near future to address possible settlement of 2nd wave cases. The outcome of another case addressing similar legal disputes may influence these discussions so we are unable to set a deadline at present. Fife Council have advised the Tribunal that they are willing to engage in discussions to see if an out of court settlement can be achieved.

If the Council is unwilling to settle these 2nd wave cases then a further timetable will be set by the Employment Judge to commence a full 2nd wave hearing and all the preparation required. This may take some time. If a settlement offer is made we have a professional duty to write to you. If there are no further updates on the website and you have not received a letter then it is likely that settlement discussions are ongoing. As you will appreciate it is not always possible to post public statements when we are in negotiations.

Please be reassured however that we are doing everything possible to progress these cases. We thank you for your continued patience and cooperation.

Carol Fox

Fox and Partners

Update 25th March – Equal pay cases v Falkirk Council

2nd wave cases v Falkirk Council

We represent 242 claimants with ongoing equal pay cases against Falkirk Council for the 2nd wave period after implementation of Single Status.There are no Tribunal dates listed at present as parties have agreed to postpone future hearings to allow settlement discussions to take place.

We remain in discussions with the Council with the aim of reaching settlement of these cases. We have contacted the Solicitor representing the Council to request further dates for meetings in 2015. While we are in discussions it is not always possible to make public statements on the website. If the Council make settlement offers we have a professional duty to write to you.

In the meantime we ask for your continued patience and cooperation. Please keep checking our website which will be updated when there are further developments which we can share.

Carol Fox

Fox and Partners