Pursuing equal pay – Do you want to claim?

(20/11/09) UNISON is campaigning for equal pay for all members now and into the future – and for the past.

Equal pay law allows you to claim loss of earnings and interest up to a maximum six years past – or five in Scotland.

If we can't negotiate proper compensation with employers, we will have to ask an employment tribunal to award it.

As with all legal proceedings, that involves strict procedures and time limits – and claims can and will fail if these are not met.

The rules on time limits are very complicated and it is easy to slip up.

You need to claim within a fixed time of leaving the job you were discriminated against in.

Normally, that means when you leave your employment, but it can also include situations where there is a change of job with the same employer or where your job is transferred to a new employer.

In April this year, the law on time limits in pursuing claims against employers changed. The time limit is still six months – you have to pursue your claim against your employer within that time period. However, there are now no extensions of time.

There is now no waiting period between submitting your grievance and lodging a claim with a tribunal, but lodging a claim with a tribunal must be strictly within six months, minus one day, after leaving the job or changing employer.

So the key is get help from the union as soon as possible.

Make sure that you get an enquiry form.

Should I worry about the time limits?

Are you still doing the same job as when the discrimination took place? Then the clock is not ticking: you can pursue an equal pay claim at any time, but the later you leave it, the more chance there is that you may miss out on compensation for some past inequality.

Have you retired or are you planning to retire?

We recommend you submit a grievance before lodging a claim with the tribunal, but both must be lodged within six months, less one day, of retiring. There is no longer a waiting period between submitting a grievance and lodging a claim but submitting a grievance and lodging a claim with the tribunal must be done within six months less one day of your retirement.

Have you been promoted or changed to a different job with the same employer?

The time limits could be measured from the date of the change, so we recommend that you submit a grievance before lodging a claim with a tribunal or risk losing compensation for losses before the change.

Here again, there is no longer a waiting period between submitting a grievance and lodging a claim, but both must be lodged within six months less one day from the date of promotion or change to a different job. In some cases, a job change won't trigger a time limit, but the only safe thing is to assume that time has started to run. If in doubt, consult your union rep.

Have there been significant changes to your job, in, say, its responsibilities or the work you are required to do?

A significant change may also start time running. Again, if in doubt, consult your union rep.

Is your job the same, but your employer has changed through privatisation or transfer?

The time limits are measured from the date of the transfer: we recommend that you pursue a grievance with your old employer before lodging a claim with the tribunal within six months less one day from the date of transfer.

Like the previous situation, there is no longer a waiting period between submitting a grievance and lodging a claim against the old employer but both must be lodged within six months minus one day from the date of the transfer.

Have you had some compensation already and signed a 'COT3' or Compromise Agreement?

Your claim, up to the date in your settlement agreement, has been concluded and can't be reopened. But you may have a claim for losses after the date of the settlement and the rules above will apply to that claim.

If you think you are out of time, contact the union immediately. We will do everything we can to help and may still be able to get some compensation for you.

• For more information on time limits and copies of the enquiry form, contact UNISONdirect on 0845 355 0845, textphone 0800 0 967 968 or email direct@unison.co.uk. Lines are open from Monday to Saturday 6am-midnight and on Saturday from 9am-4pm.

To read more about UNISON and equal pay, click here

(InFocus, December)