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Equal Pay/Leigh Day /Tom Hewitt/

Started by OpShunned, 22-03-17, 05:49PM

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cityboy

This case is unwinnable. If you are paying men and women the same rate in distribution, and paying the same rate to men and women in store, then why is their a sexist aspect to it? By making this argument about sexism, you are giving Tesco's lawyers a gift , letting them off the actual disparity of" fill a cage/empty a cage ", that is where the real difference lies between stores and distributions pay. We both do the same un-skilled job that results in customers buying what Tesco are selling. That is why we deserve equal pay, nothing to do with our genitals!


cityboy

Quote from: roughyedspud on 17-04-18, 03:41AM
It's not just women though is it...

DC Bob picks stock,puts it on a cage the puts it on a wagon..
GA Bob takes it off a wagon,off the cage and put on a shelf..as well as presenting the aisle and dealing with customers..

Yet DC Bob gets paid more per hour..
Exactly that!!Barbara in DC or in store makes the same contribution. Equal pay for both Barbaras and Bobs!!


Duracell

Gender Bias gets it in through the courtroom door , but will ultimately loose the case.

Work of Equal value may have some merit where Unskilled roles are compared.

The comparison struggles where some roles have a Legal accreditation.

Any established disparity that is unreasonable would have to be because of gender, either directly or indirectly for the claim to win.

The Asda case is different as it has different evidence which is contrary to the T situation.

My Opinion is exactly that, Mine.  Based on my view of what I know , see and what I would do.
"Being a rep doesn't make a person right anymore than not being a rep makes a person wrong " 

Duracell.

Welsh-Hugh

#505
DC Bob puts it in cage. Timed to the second using electronic picking- tagging.
DC Bob loads cage using electronic scanners- tagging. DC knows where and what Bob is doing all the time.

Store Bob gingerly takes off wagon. No pressure. No electronic measures. .
Store Bob puts stock on shelves. In between have a chat to colleagues. Check Facebook or text on phone on shop floor. ( Don't even dare say they don't as a customer I see it all time)
They are in no rush. No monitoring.

Perhaps if store staff want to be treated equally maybe the company need arm mounted computers for Store Bob or Store Barbara. Equalities get it right. Let's see how many store staff are up for such electronic measures. Arive at aisle. Scan box of cornflakes. Scan shelf. Put on shelf. Scan next box etc etc. Scan barcode in backroom every time you go and get  more stock. Get pulled in for  still time throughout shift.Be careful what you wish for.

dizzy_1

Retrokid, you have no idea how many staff members I would love to put a tracking tagger on!!! At least we could find them when they turn into Houdini each shift.  :D ;D
i dont have an attitude problem you have a perception problem!

JL

Dizzy_1

You better make sure the tracker can count the number of toilet visits made by employee to ensure the pilot is rolled out.   :)

notsofunny

wonder how Zone Scanner's /Trackers would go down in Tesco ? Seen them at work in China , in which when you go into a rest area which also has your Wash rooms you would need to scan your arm band which would then total up all the time you have spent in that area and the deduct the time from your pay  8)

Rigger

Quote from: Retrokid on 19-04-18, 02:04PM
DC Bob puts it in cage. Timed to the second using electronic picking- tagging.
DC Bob loads cage using electronic scanners- tagging. DC knows where and what Bob is doing all the time.

Store Bob gingerly takes off wagon. No pressure. No electronic measures. .
Store Bob puts stock on shelves. In between have a chat to colleagues. Check Facebook or text on phone on shop floor. ( Don't even dare say they don't as a customer I see it all time)
They are in no rush. No monitoring.

Perhaps if store staff want to be treated equally maybe the company need arm mounted computers for Store Bob or Store Barbara. Equalities get it right. Let's see how many store staff are up for such electronic measures. Arive at aisle. Scan box of cornflakes. Scan shelf. Put on shelf. Scan next box etc etc. Scan barcode in backroom every time you go and get  more stock. Get pulled in for  still time throughout shift.Be careful what you wish for.

Exactly what retrokid says. I've said it before & I'll say it again, store staff would t last 5 mins in a DC, the DC I work out of is surrounded by, Extras, superstores,Metros & expresses & I know for a fact only 1 person has transferred from store to DC, store staff want DC money but don't want the work that goes with it,  Dress the claim up under any banner title you want but that's what it boils down to, people like optout winding people up telling them to jump on the gravy train,  I hope stays around to take the flak when it derails & gets laughed out of court.

optout

I AM NOT A REP, BUT......

JL

Can we stop the Stores v DC bulls***. I have worked in both and you get the grafters and those not prepared to do a hands turn in both.  The major problem is the place is full of managers giving there their friends and an easy time. Others are asked to pick up the slack and end up off with stress.  Another issue is the number of people who are unfit to do the role they are in and end up being carried by the rest of the team.

Equalizer87

"The only thing necessary for the triumph of evil is for good men to do nothing"

Carparkpothole

DC staff are trained on several different types of manual handling equipment that wouldn't fit in a store, this makes the skills between DC and store different.

optout

Don't forget to give some moral support to those taking part in the legal action. The equal pay petition is here;

https://www.change.org/search?q=tesco%20equal

remember you do not have to work for tesco to give your moral support.
I AM NOT A REP, BUT......

JL

Quote from: Carparkpothole on 20-04-18, 07:48AM
DC staff are trained on several different types of manual handling equipment that wouldn't fit in a store, this makes the skills between DC and store different.

Store staff are trained in several things that wouldn't fit in a DC.

roughyedspud

Quote from: Carparkpothole on 20-04-18, 07:48AM
DC staff are trained on several different types of manual handling equipment that wouldn't fit in a store, this makes the skills between DC and store different.

training at DC on how to stack cages & dollies wouldn't go a miss lol

Equalizer87

"The only thing necessary for the triumph of evil is for good men to do nothing"

takethemoneyandrun

The way the cages come in stacked are utterly shocking!! Cartons of milk and ready meals staked on top of sandwiches and cream cakes!!.
I wouldn't pay them in washers. 8-) 8-) 8-)

Welsh-Hugh

That's because DC staff are performance managed and it's in DC staff interest to throw it in cage as quickly as possible and move onto next cage. It's been that way for years.  Perhaps if store staff were performance managed by way of arm mounted computers then store staff would be in the same rush to unpack the cage.  But store staff are not performance managed so the same rushing environment don't apply to them.

That's the problem when " you get 2 different ways of working not adding up to the same equal value" one pulling against the other in opposite directions.

optout

So effectively you are not performance managed on the qualitative aspect of the job.  So your speed has increased yet the quality has decreased, so the overall work/effort-load has remained the same????????
I AM NOT A REP, BUT......

adamlad

Leigh Day Update:

I am writing further to my letter of 23 March 2018 advising you of the Judgment.

We have met with our barrister and gone through the Judgment carefully. I have also taken the unusual step of obtaining a second opinion on the merits of appealing and it is with much disappointment that I must report that we cannot advise that any appeal has reasonable prospects of success and Leigh Day cannot advise you to appeal the Judgment and nor are we in a position to appeal the decision on your behalf.

Our view and that of both barristers is that the chances of success on appeal are, on balance, less than evens.   Even if we were successful at the Employment Appeal Tribunal, the case would almost certainly be sent back to Judge Pearl and the original Employment Tribunal panel to reconsider the Judgment in light of any correction in law from the Employment Appeal Tribunal. Employment Judge Pearl was comfortable with the agreement reached between Tesco and Usdaw and so even if the appeal succeeds at any rehearing it is likely the same outcome will arise.

However for those of you in the Equal Pay claim –  if the male comparators at the Distribution Centres  still receive or previously received double pay for Sundays and Bank Holiday Mondays,  we will look to recover the difference in your Equal Pay claim.

For the reasons above Leigh Day will not be appealing the decision.  Should you wish to appeal the decision yourself, the appeal must be submitted to the Employment Appeal Tribunal by 4pm Friday 27 April 2018.  If however you disagree with our advice and wish to appeal the decision and represent yourself then please contact us and given the short timescales we will assist you as far as we are able to do so.

Yours sincerely

optout

I AM NOT A REP, BUT......

optout

We still need people to sign the petition. Let's try to get to at-least 100. Ask your friends and family to sign, in support of our tesco shop-floor colleagues. IF this case is successful, this could be significant history in the making. Be a part of the fight. :thumbup:

petition is here

https://www.change.org/search?q=tesco%20equal

you don't even have to use your own name. :thumbup:
I AM NOT A REP, BUT......

JL

Tesco will pay Leigh Day to back off just as they do with USDAW.

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