Introduction
There are two issues for your consideration and you should read both carefully, action is required:
Case Update
Legal Advice in respect of the “new” pay & grading system
Employment Tribunal Claim
In respect of those qualifying members who confirmed that they wished to pursue a claim in respect of the inherent discrimination resulting from the length of the previous pay and grading system, we can confirm that a legal claim has been submitted on their behalf.
At present, our Solicitors are awaiting the defence to this claim from the PBNI. We hope to have this defence shortly. The case will then be progressed through a Case Management Preliminary Hearing where the parties will identify the precise legal issues relating to the matter, selection of lead or sample claimants and dates for discovery and witness statements thereafter.
We will keep you updated on these matters as the case progresses.
Legal Advice in respect of the “new” pay & grading system
As you know from our various meetings and roadshows, NIPSA and NAPO worked with Management to develop the Pay Modernisation Agreement which we believe is the best negotiated position the unions could secure. The Pay Modernisation Agreement proposes introducing bespoke PBNI pay scales utilising the NJC pay points, the introduction of a single Job Evaluation process and one set of Terms and Conditions (T&Cs) for all members with protections built in.
The new pay and grading structure has now been implemented.
However, as you are aware from our July ballot, the six point pay scale which has been implemented as of 29 August 2024 is still, on the face of it, arguably discriminatory as it is still in excess of the permitted length of pay scale under Regulation 34 of the Employment Equality (Age) Regulations (Northern Ireland) 2006, which permits a five year scale unless the employer is able to show that it reasonably appears that the length of the pay scale fulfils a business need. Therefore, despite the recent (welcome) steps to reduce the length of the pay scales, the proposed remedy is still arguably in breach of the provisions of the 2006 Regulations, in that it appears to exceed the 5-year period provided for in Regulation 34, albeit marginally.
Additionally, some members have transitioned onto the new pay scales at a point lower than the top of the pay scales despite having 5 years’ service with the PBNI.
In theory, therefore, there may be two potential causes of actions open to members to pursue:
- A claim in relation to the six point pay scale. Albeit it appears, however, that there may be a strong business case to defend the ongoing use of the six point pay scale, which is considerably shorter than the pre-existing scale, and the value of any loss may also be relatively small.
- A claim premised upon after 5-years the affected individual should have been at the top of the pay scale.
In respect of limitation, there is a 3-month limitation time limit for the submission of a claim in respect of an act of discrimination. PBNI would argue a 3-month time limit from implementation of the new pay scales, however, we would take the view that the discrimination is ongoing.
On consideration of the legal risks, economic value and impact on industrial relations, NIPSA/NAPO will not be supporting any litigation regarding the pay scales beyond those cases already lodged.
However, if any individual member wishes to pursue the matter further, we suggest they take independent legal advice should they wish to do so.
We trust the above update is helpful.