By now, you will most likely be aware that NIPSA has been taking a formal grievance on the length of the TL2 pay scales and other related inequalities through the internal NIHE collective grievance process. We have now reached the Appeal Stage of the internal grievance. Even though both NIPSA and your Employer recognise that the length of your pay scale is far too long and is vulnerable to legal challenge, not least under Age Discrimination legislation given that it has taken members 20 years to get to the top of the 20 point scale (which is in NIPSA’s view the rate for the job), this issue remains unresolved to date.

That is why NIPSA is instructing our legal team to lodge a class action under the grounds of indirect Age Discrimination, on behalf of TL2 members. Many of you have already provided your consent for NIPSA to instruct our Solicitors, McCartan Turkington Breen, to act on your behalf in this legal case. However, we are conscious that there may be those TL2s who have remained unaware of this case, until now.

It is important to recognise that any proposed solution form Management which could be provided via the NIHE Pay and Grading Review would only be backdated to April 2022, which is unacceptable and must be challenged. In reality, both NIPSA and your Employer remain unclear as to when or if the sponsoring Departments will approve the Pay and Grading Review proposals, which have not yet been the subject of negotiation with NIPSA.

NIPSA is therefore in the process of issuing proceedings on behalf of members, who have provided authority to do so, as per the annexed pleading to this e-mail. This case affects all TL2 Grade Officers. You have received this e-mail as having been identified by NIPSA as potentially an additional Claimant to this class action. I would therefore ask that you please confirm that you wish to be included within this class action within 28 days from this Circular ie by 3 May 2023 to my Secretary at This email address is being protected from spambots. You need JavaScript enabled to view it..

For the avoidance of doubt, in the absence of a reply by 3 May 2023, NIPSA will progress this class action on the basis of its instructions to do so by 3 May 2023. NIPSA will not be pursing any additional cases for any member who instructs NIPSA after 3 May 2023 as NIPSA requires finality of those members who wish to pursue this class action.

A FAQs document is also available for your consideration here.

Pleadings document available here.

Kim Graham
Assistant Secretary/JTUS Lead