This report describes the management of the equal pay claims and to give a current position on discussion, settlement of cases and future litigation.

Jackie Yates, Director of Resources, presented a report on the management of the equal pay claims and giving a current position on discussion, settlement of cases and future litigation.  The report stated that approximately 180 employees or former employees had made an equal pay claim.  This equated to approximately 258 claims, as some claimants were claiming in respect of more than one job role.  Of the claims received, 56% were represented by Thompsons Solicitors (Unison) and 44% were being represented by Doran Law, a no win no fee solicitor.

The report stated there were now no outstanding claimants being represented by Thompsons, all claims had been settled and monies paid.  There were 13 Doran claimants that were still going through a process.  Firstly, there were claimants from mixed roles where further discussions were being entered into regarding schedules of loss; and secondly claimants whose claims had been struck out at a jurisdictional tribunal because of time issues but where Doran had indicated an appeal would be lodged.  In addition, there were currently three claimants who were no longer represented by Thompsons or Doran. The Tribunal service had written to the claimants and if they wished to proceed with their claims, the Council would need to liaise with them directly or through their new representative(s).

A hearing had been scheduled for 15-17 October 2018 where the remaining claims would be determined if they could not be resolved beforehand.  Any appeal by Doran Law against the jurisdictional claimant decision would be likely to be heard in 2019, as would any applications for costs from either side and any further steps if Doran Law chose to pursue their remaining challenge to the 2011 pay and grading arrangements.

The Council had made provision for equal pay claims to be funded via capital receipts with £14m set aside in the 2016/17 accounts.  As part of finalising the 2017/18 accounts the provision would be increased through additional capital receipts.  During 2017/18, £5m had been paid out to claims and a further £7.1m had been paid out so far in 2018/19 with another £1m committed to date. The remaining liability was forecast to be £2.3m.  To date the Council had spent £1,935,443.19 on legal fees including disbursements.

Resolved:    That the progress on the management of the equal pay claims and the programme of litigation be noted.