June 2008

GMB currently represents thousands of members employed within Schools throughout Birmingham City Council; many of whom agree with us that they have been the subject of inequalities. That is why, with our support and at no cost, equal pay claims are being pursued on their behalf through our Equal Pay Unit (Thompson’s Solicitors).

Experience tells us that Birmingham City Council only settle equal pay claims as a last resort; in the past they have done everything they can to avoid settling claims, one such strategy has been to deny the fact that they employ School Based Staff.

The enclosed information provides a basic overview of a recent Council ‘climb down’ due to the pressure that you our members and GMB Representatives within the Education Department have placed upon them.  

Throughout the UK equal pay claims are being heard at Tribunals, the decisions that are reached in these cases set a standard for how other future claims should be dealt with.  One such case, together with the number of claims that the GMB have lodged with the Tribunal Service, has made Birmingham City Council realise that their chances of winning equal pay claims involving Senior/Lunchtime Supervisors employed within Community and Voluntary Controlled Schools is very low indeed. 

Because Birmingham City Council now want to avoid these cases being heard at a Tribunal it is their intention to try and settle these claims out of Court. They will try and do this by offering you a sum of money to buy off equal pay claims. The amount of money they intend to offer is much lower than your full entitlement, approximately 60% of the full value of the claim. Birmingham City Council want to pay you a lot less than you should receive. The GMB think this is wrong, we also believe something can be done about this. 

WHAT ACTION SHOULD YOU TAKE? -  If you have already got an equal pay claim lodged and you receive communication directly from Birmingham City Council please be sure to contact the GMB Regional Office on 0121 550 4888, as we will tell you things about your offer that your Employer will not. You have already been treated badly by this Council; we do not want you to be treated unfairly again!

When you receive your settlement cheque you will be expected to sign a legally binding document, which means you will not be able to take your equal pay claim any further.  There will only be one payment and we believe that that payment should be fair and appropriate to your circumstances.  

WHAT ACTION SHOULD I TAKE IF I HAVE NOT ALREADY SUBMITTED AN EQUAL PAY CLAIM?- Without any delay you should complete the Equal Pay Registration Form attached and return it to this Regional Office.  If you are not a GMB member you need to fill out the GMB Membership Form also enclosed and return both the Registration and Membership Forms to this Regional Office.

The only way to ensure that the Council increase their offer is to submit as many claims as possible. GMB already have thousands of equal pay claims ongoing, but the more employees who pursue a claim through their Trade Union the better able we are to insist that the Council’s offer is a reasonable one.

If you are employed in a School in jobs other than Senior/Lunchtime Supervisor and you wish to pursue an equal pay claim, we would also recommend you complete the relevant attached Forms.

Finally, if you have already submitted a claim, do not worry our commitment is unwavering and we will continue to represent your best interests and advise you of any future developments.