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Equal Pay/Leigh Day /Tom Hewitt/

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

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forrestgimp

I just got a letter from my claim people this is it.

https://imgur.com/a/o3YzvCh

BarryZola

When does the next thing of any significance happen in the ASDA case? Decided not to go with one of the claims companies and risk losing 25% of any potential payout. Will take my chances on suing them for the full amount if your claim wins and sets a precedent ;)

optout

I think the following is correct, and hope that others can confirm or refute my belief's.


You can only claim upto a maximum of 6 years from the date of the claim. So, if for example the case is finally resolved in our favour in 3 years time (lets face it these cases take time) that would bring us to April 2022, and you put your claim in then.  You would only able be to claim back dated payment to April 2016, whereas if you start your claim now, your back dated payment would (in this example) be dated back to April 2013. This would give 9 years payment vs 6 years payment.

I hope I am correct in my thinking, and if so, I am sure that you have already taken this into account when making your decision, but just in case. :thumbup:
I AM NOT A REP, BUT......

lordadmiral

Yes that is right. The later you join the less you get. The more people join then fee can go down. So instead 25% it could be 15%.
Compensation is capped at 20k for 6 years. 3,3k per year. So given example of 9 years give 30k minus fee. Its still more than suing on your own and receiving 20 k max


forrestgimp

@Barry, great stuff matey I hope it works out for you. Personaly I am a lazy so and so and am willing to part with 25% of whatever I get so I dont have to do owt.

lordadmiral

"Update – May 2019 Preliminary Hearing with Tesco

We attended our third Preliminary Hearing with Tesco on Wednesday 8 May - these hearings tend to deal with administrative matters only to ensure that the case is making progress.

We were given a checklist of actions to complete along with Tesco to progress the claim.

The three main areas covered at the Preliminary Hearing were:

    Tesco's delayed production of documents;
    the different job roles in stores and what Tesco say are the differences with each job role; and
    listing this claim for the first of three formal Equal Value hearings.   

The Employment Judge has given the parties one week to agree a way forward in respect of Tesco's delayed production of documents to Leigh Day, failing which we will ask her to make orders compelling Tesco to provide the necessary information.

Two further Preliminary hearings were set for 29 July 2019 and 24 October 2019.  We were also successful in securing a Stage One Equal Value hearing date to take place over 3 days in April 2020.

Redundancies

We understand that a number of service counter workers are likely to be made redundant shortly. In the event that this applies to you, or someone you know, be cautious before signing any redundancy agreement. It is common for employers to ask their employees to sign a document sacrificing their legal right to bring an equal pay claim. If this happens to you, please call us before you sign anything.

Job changes

A reminder that you must notify us as soon as possible if your job changes in any way (i.e. change in store/ hours/ job title/ end of employment/ beginning or ending a career break) so we can ensure that your claim is as accurate as possible. 

Other supermarket claims

Leigh Day won for the third time against Asda, highlighted in our February update letter. The Court of Appeal agreed that store-workers at Asda are legally entitled to compare their job with colleagues in the Distribution Centres. Tesco has told us that they are waiting to see if Asda take this to the Supreme Court before clarifying their position in your case.

As well as bringing equal pay claims against Tesco and Asda, we also act for store workers in Sainsbury's, the Co-op and Morrisons. In total, we act for over 30,000 hourly paid supermarket workers. You really are part of something very big."

BoredBaker

Has anyone had any success with the Leigh Day claims? Is it worth applying? How much do you stand to get back and does your store find out that you've claimed?

madness

I wonder if a judge ever did a day working in a distribution centre and a day workng in a shop sitting on a checkout would that change their outlook...

Hammer10

I have signed up for it could get 20000 but not holding out any hope as they will weasel their way out of it.

1man2jobs

Quote from: madness on 13-07-19, 11:43AM
I wonder if a judge ever did a day working in a distribution centre and a day workng in a shop sitting on a checkout would that change their outlook...

been working in stores 10 years and have yet to sit down whilst on duty unless im in the training room for 10 minutes or during any disciplinary stages. I've also worked in distribution for another company picking frozen orders in a chilled warehouse, if I had to compare the two I will easily describe the store work as much more demanding work; and I strongly agree that the roles are at least are of equal value. but hey-ho what do I know..., or the barristers..., or the judges?

T2019sackallmanagers

Quote from: 1man2jobs on 13-07-19, 04:41PM
Quote from: madness on 13-07-19, 11:43AM
I wonder if a judge ever did a day working in a distribution centre and a day workng in a shop sitting on a checkout would that change their outlook...

been working in stores 10 years and have yet to sit down whilst on duty unless im in the training room for 10 minutes or during any disciplinary stages. I've also worked in distribution for another company picking frozen orders in a chilled warehouse, if I had to compare the two I will easily describe the store work as much more demanding work; and I strongly agree that the roles are at least are of equal value. but hey-ho what do I know..., or the barristers..., or the judges?
Exactly same here stacking on nights. We've had plenty of Magor dc staff come to our store thinking it would be easier than dc, how wrong they were. They all left pretty quickly.

forrestgimp

Quote from: madness on 13-07-19, 11:43AM
I wonder if a judge ever did a day working in a distribution centre and a day workng in a shop sitting on a checkout would that change their outlook...

No different to the people sat on a forklift truck all day/night is it really. Have you ever worked in a store?

taliahad



lordadmiral

"The Supreme Court has decided that it will consider an appeal from ASDA relating to whether store-workers can compare their roles to distribution workers in the UK's biggest equal pay case.
We have already won this argument against ASDA three times and are confident that we will win again.
The Supreme Court is the final court of appeal in the UK for civil cases. It hears cases of the greatest public or constitutional importance affecting the whole population.

HOW THE RULING AFFECTS YOU!
We represent over 41,000 store-workers in total from the big five supermarkets – ASDA, Sainsbury's, Tesco, Morrisons and the Co-op - in similar equal pay cases which will be impacted by the Supreme Court's decision.

In Tesco, store-workers are mainly women, who argue that they should be paid equally to their colleagues in the distribution centres, who are mainly men, for their work of equal value. This is the same argument that we are advancing in the ASDA claim.
The total estimate of the claims against the big five supermarkets, if they lose their cases and are ordered to pay all eligible staff, could be over £8 billion.

STRENGTH IN NUMBERS

Have a friend or colleague who has expressed an interest in the claim? They could check out our www.equalpaynow.co.uk website, and so can you, to find out more information.

You really are a part of something big.

If you have any questions please do not hesitate to contact the team on 0800 689 0570 or tescoequalpay@leighday.co.uk. "


lucgeo

Quote from: BarryZola on 04-04-19, 07:03PM
When does the next thing of any significance happen in the ASDA case? Decided not to go with one of the claims companies and risk losing 25% of any potential payout. Will take my chances on suing them for the full amount if your claim wins and sets a precedent ;)

Ok people, forgive my ignorance here but...if the Supreme Court rules in favour and the case is won...why don't all shopfloor colleagues, employed during the 6 year timescale automatically receive the backpay, and not just the ones who signed up for the claim?? Surely once it's found in the shopworker's favour, it would encompass all those workers employed during the relevant time?? If the court has passed the ruling, then the precedent is surely set for all??

Not looking to ride on the backs of others here, I realise that solicitor fees are being charged, and to be paid by you all should you lose, just confused as to why its only awarded to those claiming, and only in ratio of the timescale from the date of signing up??

Again I emphasise I'm not hoping to gain at your expense, I'm am just honestly confused  :(
Live for today. Learn from yesterday.

fatboy

Lucego, my thoughts exactly. I also decided not to use a claim company in the hope that if a payout is made we would all get a sniff.

Nightworker23

I think it works like the PPI claims.  You have to express a complaint and claim what's owed to you.  Otherwise the banks would just have to repay everybody owed, rather than just those who claim.

Welshie

Surely in light of recent payouts by Tesco , pension and cycle to work scheme taking you to below minimum wage and pfs time to cross carpark , once they realised they would have to payout , they would just pay it to everyone owed at one time rather than have to faff about with individual claims ??

T.C.1

So if like a PPI claim Tesco have no choice but to pay out if you put in a complaint yourself you receive 100% of the pay out and not pay a fee to the claim company??

fatboy

That's my thinking. If tesco do have to pay out then the employees who didn't use a claims company could be better off than the ones that did.

Hammer10

If there's any money left if they know they have to pay out they will do a deal.

1man2jobs

Quote from: fatboy on 03-08-19, 02:20PM
That's my thinking. If tesco do have to pay out then the employees who didn't use a claims company could be better off than the ones that did.

No, because even with paying 25% it works out better to join through Leigh Day.  Leigh Day claims get backdated 6 years from claim received plus the time it takes to resolve (in my particular case that will be 2012 until est resolution date 2022); whereas a private claim after the ruling will be no more than 6 years and may be capped.  In my case the Leigh Day option provides better compensation regardless of the 25%.  Someone did comment somewhere within this thread that the more people who sign up the percentage goes down, however I've not read this from Leigh Day but from a comment made in this forum.

lucgeo

Phew! glad it wasn't me being totally thick there, and others were also uncertain  ;)

So we've had a bit of clarity now, and the ones who signed up will only be out of pocket if they lose, but reap an extra benefit should they win, plus, I'm taking it, their legal costs will also be met by Tesco?

If the case is proven, I personally think Tesco will only pay out to those who claim, as there will probably be a great deal of ex employees who qualify for payment. It would be a mammoth task for Tesco to work out each individual employees circumstances, length of service during the timescale, and paying the part %. Not to mention locating each individual, and would they even hold contact details, service records and employee numbers, including those who've since retired or sadly passed away, which would mean contacting surviving family...and let's face it they cocked up a few redundancy payments, and those staff had only just left  :-X

No, it's my opinion, that the onus will be on the ex employees to claim and provide proof of employment, by means of dates, location, job title and employee number...so I would urge everyone to keep those details for future reference.
Live for today. Learn from yesterday.

T.C.1

Probably it will be years before it all gets sorted as the appeal court has granted Asda leave to appeal against the lastest claim.

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