Throughout local government and the NHS the GMB has been fighting to achieve equal pay.  Whether by single status pay and grading deals in Councils or by Agenda for Change in the NHS the low paid, mainly women, workers who have been undervalued for so long now have a real chance to improve their pay and career prospects.

But the legacy of past inequality and the failure of some Councils to fund equal pay mean that many thousands of workers may be entitled to make compensation claims under the Equal Pay Act.  The GMB would prefer to deal with this by negotiation to arrive at fair, sensible resolutions without the need for uncertain and lengthy litigation.  But where negotiations fail we are quite prepared to use the law.

That is why GMB has set up an Equal Pay Unit specifically to handle claims on behalf of members.  The Unit will be run by professional lawyers to assess cases and, where strong enough, pursue those that cannot be resolved through negotiation.

What is an equal pay claim?

Speaking generally, if you have been paid less than someone of the opposite sex doing the same or a similar job or one of equal value then you may have a claim.  A claim arises under the Equal Pay Act and is lodged with an Employment Tribunal after registering a grievance.  The Equal Pay Unit will do all this.

In the NHS, Agenda for Change represents a good deal for underpaid GMB members.  The Unit will not therefore be making any claim in relation to the new Agenda for Change terms.  What is however outstanding is issues of back pay in respect of past pay inequality.  It is this that the Unit will be looking at.

What do I have to do?

If you think you might have a claim simply fill in the attached form and send it to the address shown on it.  We will let you know of your case has merit and if so the Equal Pay Unit will send you a detailed questionnaire for a thorough evaluation.

Are there time limits?

Yes and the simple rule of thumb is to register your potential claim using the form as soon as possible.

The time limit is that a claim must be at an Employment Tribunal within six months of either leaving employment or where a contract of employment is terminated, whichever is earlier. 

Note that there is a risk (though GMB does not share this view) that being assimilated on to Agenda for Change or possibly even having a new local authority single status structure will constitute a new contract, starting the six month time limit clock ticking.  If you are already nearing the end of the time limit we will do our best but it is the individual’s responsibility to urgently submit a grievance and a claim to Tribunal so contact the GMB for help immediately.

What will it cost?

There will be no charge to GMB members for the lodging of grievances and tribunal applications and carrying out assessments of the equal pay cases.  However, it should be noted that equal pay claims are difficult and the GMB cannot give guarantees of success nor that the union will be able to guarantee funding claims to a full tribunal hearing.

The GMB wants all members who might have an equal pay claim to complete the registration form.  We will then try to negotiate collective settlements but if we can’t we will have prepared the ground to use litigation.  Through the Equal Pay Unit GMB can ensure that no stone is left unturned in the campaign to win pay equality for all.

To submit an Equal Pay Claim please print the following Equal Pay Claim Registration Form and return to Andrea Austin at Regional Office