The Branch is of the opinion that option 2 is the best offer that can be achieved by negotiation. We are making no recommendation as to whether you should accept or reject option 2 however we have provided you with the pros and cons of accepting the offer to help you decide.
Acceptance of the proposal will mean:-
- the full hourly rate of the increment will be apid from 1 November with no backdating
- the increment monies due from 1 April to 31 October 2010 will be negotiated separately to settle Employment Tribunal claims submitted
- the employer commits to paying in full the increment due on 1 April 2011, subject to individuals meeting the criteria of "normally" (which will permit the employer to withhold or delay increments where individuals are subjectto disciplinary procedures or absence management policies)
- that negotiations will continue with the Trade Unions to obtain a clear set of criteria and guidance for the definition of "normally" and the circumstances in which an individual's increment can be withheld. It is our understanding that this will relate to individual behaviours and not global financial pressure.
Rejection of the offer will mean:-
- leaving the Employment Tribunal to decide whether the increment is due by pursuing the claims for unlawful deduction of wages. If the Council loses they have said that they will appeal; this means there may be no final outcome (and payment of the outstanding increments) for several months (possibly as late as the end of 2012). Although we know we have a strong argument for payment of the increments as a contractual right and the rate for the job, there are no guarantees
- because of public sector predicted pay freezes your hourly rate will remain at 2010 levels until the outcome of the Employment Tribunal
- members will have to be prepared to support some form of industrial action to pursue any better settlement.
We need you to tell us what you want to do. We as a Branch need a clear mandate on how to proceed on your behalf. The Ballot paper was issued on Tuesday 21 September and must be returned by Monday 27 September. This is because the Finance and Resources Committee meets on Tuesday 28 September whereby they may make a decision on this issue. Use your vote.