Joint Union Press Release - GMB, TGWU & UNISON

Unions Concerned at Devon County Council Job Evaluation Inconsistencies - 18 May 07

The Joint Trade Unions - UNISON, GMB and TGWU - have discovered that some final scores for jobs, at Devon County Council, have been changed outside the agreed process. They are also concerned that people who may have changed their job, or who have retired, after April 2006 (the effective date of the Agreement) are not being given access to backpay or equal pay compensation.

Ken Pearson, UNISON Regional Officer, said:

'We signed the agreement because it was one of the best in the country and gave people full rights to the maximum 6 years equal pay if they went up in grade. We also agreed that we would jointly quality assure scores for jobs to make sure that they were consistent and equality proofed.

After having Quality Assured over 50% of the original results, the Trade Unions have identified 34 job titles that had their scores changed between this process and notification of the results to individuals. These scores have been changed without reference back to us and we can only assume have been changed as a result of management intervention.

Of the 34 job titles the majority have not had their grade changed, 6 of them have gone up in grade and 4 have gone down. We have as yet been unable to identify the total number of employees affected within each job title, and we also do not know the extent of changed scores in those jobs we are still waiting to Quality Assure.'

Ken Pearson then added:

'Obviously we want to know why these scores have been changed and we would expect individuals to have no detriment. We have been asking for a response for some time now and whilst the overall numbers may be low, this questions the integrity of the whole process.'

If someone changes their job or retires they have six months in which to register a grievance against not receiving equal pay due to them from their previous job if that went up in grade. The effective date for the scheme is April 2006 and the Joint Unions argued that this is the crucial date to decide whether a person is due compensation for the previous 6 years. Devon County Council are denying their right to claim up to 6 years equal pay, because they were in a different job at the date of notification (November 2006) or had left.

Tony Dowling, GMB Regional Officer, said

'Whilst we maintain the agreement in principle is sound, is a model document for others throughout the Country and is fair and equitable in addressing the need for Equal Pay for work of Equal Value for Employees within Devon County Council, we have always been clear that it is imperative the agreement is strictly applied and honoured.

In policing this agreement with our fellow Trade Unions we have become increasingly concerned over some aspects, in particular those relating to:

• The change of agreed job scores
• Serious concerns of Management Intervention in eventual outcomes for some individuals
• The method of calculation and likely withholding of full entitlements of Pay Arrears and Equal Pay Compensation for which have sought legal clarification
• The holding of some results to allow re-examination and subsequent change of these results where increases were considered excessive without consultation or agreement with the Trade Unions
  and
• The resistance in releasing information to Appellants under legitimate Freedom of Information Act requests to allow a fair and just challenge under the Agreed Appeals process for employees dissatisfied with their original result.

In those cases where individuals have been disadvantaged through the actions of the Employers, we have quite reasonably proposed a solution where none of these individuals should suffer any detriment. This request was put to the Employer in a letter dated the 19 Apr 07. A subsequent letter was also sent concerning the issue of Equal Pay calculation. To date, the Trade Unions are still waiting a definitive answer to their reasonable demands. Our participation in this process has been further hampered on numerous occasions by a failure on behalf of the Employer to respond to reasonable requests for the provision of information to aid dialogue and meaningful negotiation.

All of the above is not in keeping with the principle of the agreement, is unacceptable and we will react to this.'

The Joint Unions are disappointed that after all the hard joint working they will need to lodge a collective grievance concerning the integrity of the process and the scheme, at this late stage. They will also be lodging employment tribunals for all those eligible staff who have not received the full compensation due to them.