SUBMISSION BYUNIFI ON THE CONSULTATION ON TOWARDS EQUAL PAY: SPEED AND SIMPLICITY Consultation on a questionnaire for use in equal pay

 

Introduction

 

1.                UNIFI is a TUC affiliated unionrepresenting some 160,000 workers across the finance sector. The union represents staff in all grades andoccupations, not only in the major English and Scottish banks, but also ininvestment banks, the Bank of England, insurance companies, building societies,finance houses and business services companies.

 

2.                UNIFI welcomes the opportunity tocomment on the Women and Equality Units consultation on the equal payquestionnaire. We believe that it willbe a step towards speeding up and simplifying equal pay tribunal cases.However, we have concerns about both the forms design and the clarity of theinformation within in it.

 

Key Issues

 

Overall Format

 

3.                The questionnaire is badly designedand confusing. In particular, theguidance and examples given down the side of the form may be difficult tofollow if you are accessing the information via a website. Also, although the questionnaire states thatif there is not enough space on the questionnaire further information should begiven on a separate piece of paper, the boxes provided are only sufficient forminimal information and should be larger.

 

Guidance

 

4.                It would be simpler if a guidancesheet was provided separately including the advice and examples currently givendown the side of the form. This wouldbe easier to understand and should include advice to read the guidance firstbefore completing the form. At presentthe guidance notes are at the back of the questionnaire. In this format these notes may not be readbefore completion and are not easy to access whilst completing thequestionnaire.

 

5.                There needs to be a statement at thebeginning of the guidance notes that complainants may need help in completingthe form. At present this is placed atthe end of the guidance notes and sources of advice for complainants arelimited to the Employment Tribunals Service, ACAS and the EOC. We would suggest this is expanded to includetrade unions, if the complainant is a union member and the Citizens AdviceBureau. It should also be made clearthat this advice is free.

 

6.                It should be made clear in theguidance that the complainant will not be victimised as a result of eitherpresenting the form to the employer or proceeding with an Employment Tribunalclaim.

 

7.                Complainants also need to be awarethat they can raise an equal pay issue via the employers Grievance Procedureprior to the decision to take a case to an employment tribunal. This would aid resolving the dispute in theworkplace.

 

8.                There needs to be a statement that theburden of proof lies with the respondent and not the complainant. The respondent will need to provide clearevidence if disputing the complaint.Currently this is not stated clearly in the Guidance Notes.

 

9.                There is an emphasis that payinformation is usually confidential.However, employers should have (and if not should be encouraged) to havetransparent pay systems. A statementshould be placed in the Guidance Notes emphasising that employers withtransparent pay systems should not have an issue with confidentiality.

 

Questions

 

10.            We would suggest that under theRespondents Reply there should be a question asking whether the employer hascarried out an equal pay review and if so to include the findings.Additionally, the employer needs to be asked if they have an equalopportunities and equal pay policy and the steps that they have taken toimplement any policies and the EOC Code of Practice on Equal Pay.

 

11. Inthe questions on pay it is not clear that pay should include any bonuspayments and other benefits provided by the employer. Additionally, an explanation should be provided on how tocalculate part-time pay on a pro-rata basis in relation to full-time pay.

 

Time Limits

 

11.            The time limits for applying to anEmployment Tribunal should be placed near the beginning of the guidance notesand need to be clearer. At presentthere is no reference to the time limit of six months to make a complaint to atribunal.

 

 

We wouldwelcome the opportunity to discuss the issues further at any level. Our contact details are as follows:-

 

Karen Cole Tel:0117 9293724

ResearchOfficer E: karen.cole@unifi.org.uk

UNIFI

South andWest Regional Office

6thFloor

Tower House

Bristol BS1 3BN

 

 

Karen Cole/Equality/EqualPayQuestionnaire/December 2002