1. How was my offer worked out?
Your offer is based on:
- The post(s) you have held with the council.
- The length of time in each post
- The number of hours worked in each post, and
- Goes back a maximum of 5 years from the date of your earliest claim.
2. What period does my offer cover?
The start date for the calculation is 1 January 2007 and the end date is 31 March 2018 if you have been employed throughout this period and have a valid claim.
If you started with the council after 1 January 2007 then the start date is the day you started work with the Council.
If you left the Council or retired then your last date of employment will be the end date of the calculation.
3. What if I had more than one job during this time?
The offer should cover all jobs that you have done for the Council in the period unless one of those jobs is not eligible for settlement.
Please make sure that all your jobs are listed in your Data Check Sheet before you sign your documents. If you sign the legal documents it will be too late to raise concerns about additional jobs at a later date.
4. What hours are covered?
This settlement takes account of all the hours worked including overtime.
Again, please make sure that all your hours are listed in your Data Check Sheet before you sign for your offer. If you sign the legal documents it will be too late to raise concerns about additional jobs or hours at a later date.
5. What earnings are used to calculate my offer?
The calculation is based on your actual earnings supplied by the Council.
The Data Check Sheet included in your settlement pack sets out the pay information for all of your posts since 1 January 2007 until 31 March 2018.
Again, it is important to check this is correct before signing your offer.
6. What if I think there is something wrong with my offer?
If you think there is an error in your jobs, hours or pay listed on the Data Check Sheet and you wish to query this information then return the Data Check Sheet setting out the correct information.
You must provide evidence in the form of pay slips or other documentation which clearly sets out your employment history and pay for each year. We cannot raise any query with the Council without proper evidence.
Please note: the data has been carefully checked for accuracy. If you dispute the information your data will be rechecked. This will take time and will significantly delay any payment.
7. What is happening with tax?
Any offer which includes back pay has to have tax and National Insurance deducted by law. These deductions have already been made from the sum offered to you and no further deduction will be made.
The rate of tax and National Insurance has been agreed between the Council and HMRC. This agreement is confidential between the Council and HMRC.
We have been told that because of the agreement between HMRC and the Council, HMRC will not re-consider your individual position or reimburse any tax that you believe should not have been deducted.
8. Does the offer include interest?
Yes. The rate of interest which would be applied by an Employment Tribunal is 8% and this has been applied to your settlement.
9. I have heard people talking about “injury to feelings” being included in the settlement, what is this?
The Employment Tribunal can award compensation for the upset caused to someone because they have been discriminated against. This may or may not have been awarded by the Tribunal if you had taken your claim to a final decision.
Each settlement includes a sum for Injury to Feelings. This element of the offer is not taxable.
10. Does this affect my pension?
If you were a member of the pension scheme during the period of the settlement offer then your pension will be adjusted to reflect the settlement. A deduction has already been made from your settlement sum in relation to your pension contributions.
11. Will there be any other deductions?
If you owe the Council outstanding sums for Council Tax, overpayments of wages or overpayments of Housing Benefit, the Council has deducted these sums from your offer. By signing the legal documents you agree to these deductions being made by the Council.
You may want to take advice from a debt adviser. Glasgow Advice and Information Network (GAIN) can signpost you to an appropriate adviser: https://www.gain4u.org.uk
0808 801 1101
12. Will this affect my benefits?
Depending on the amount of compensation you receive, your social security benefits may be affected. Your past tax credits will not be affected but future tax credits may be affected.
You should seek advice from a welfare rights advice service via Glasgow Advice and Information Network (GAIN): https://www.gain4u.org.uk
0808 801 1101
13. This settlement only covers one period, how will the next settlement be calculated?
The current settlement preserves all of your rights for the period after 31 March 2018 until the introduction of a new pay and grading scheme.
When the outcomes of the new job evaluation are known, probably in 2021, we will engage with the Council’s representatives to settle the remaining period.
14. Can I refuse this offer and what happens if I do?
The offer is considered a reasonable settlement of your claim and all offers are being recommended by all of the Claimants’ representatives.
If you do not accept the offer your representative will stop representing you.
It would then be open to you to continue with your claim in the Employment Tribunal at your own risk and expense.