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Author Topic: Equal Pay/Leigh Day /Tom Hewitt/  (Read 108735 times)

BarryZola

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #750 on: 03-08-19, 08:30PM »
Just to be clear, those who are signed up through Leigh Day are only doing so in a 'No Win, No Fee' capacity. If the staff claiments lose their case, they have no fees to pay. If the case is won by the employees then Leigh Day get their 25% cut from every staff member claiment's winnings. This is why it is a worthwhile enterprise for Leigh Day. If it comes off for them they will make millions in exchange for their legal expertise and time. There is no risk to individuals signed up through leigh Day unless you try to leave them half way through litigation or something extremely stupid like that.
« Last Edit: 03-08-19, 08:32PM by BarryZola »

lordadmiral

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #751 on: 04-08-19, 01:34AM »
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.
I had break down of the fees when i receive my documents. There was note that the more sign in fees might go down.
Out of my head i found somewhere on gov website that , tha the law is constructed in that way to benefit those who will seek court solution. As said earlier its similar to PPI.
 Anyone, who will not join claim, will not receive a single penny. They will  benefit from new higher pay if tesco establish it. If Tesco loose case then lawyers will start working around to protect company from further looses.

forrestgimp

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #752 on: 04-08-19, 04:29PM »
The court case is for the back pay not the pay rise that will come from it. So if you are not in the pay claim then you wont get any money unless you do your own claim and court case.

fatboy

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #753 on: 04-08-19, 04:48PM »
Yes and once you threaten to do this tesco will pay out as they know they will lose anyway if it goes to court.

lordadmiral

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #754 on: 27-08-19, 11:59PM »
In our recent talks with Tesco, they say that UK law isn’t clear when it comes to paying you equally. We think this is just further reason to deny paying you and your colleagues equal pay.

The UK’s equal pay laws are strengthened by EU law so, on behalf of store staff, we are asking the European Court of Justice to clarify an important part of law which will make it easier to bring equal pay claims for people like you.

We hope that a judgment from the European Court of Justice will make clear the rights of store workers to bring these claims.

It is hoped that even if a no deal Brexit goes ahead, given the application is made before the 31st October, then any positive ruling which may be a year or more away will be respected by the UK courts and UK employers.

 

Click here to read more.

Siwel123

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #755 on: 30-08-19, 06:36PM »
Would you recommend workers that have only been in Tescos a few months sign up to this claim? I'm male by the way.

Also would your managers be notified of your complaint? And is there anything legally stopping me talking about the claim to other colleagues?

forrestgimp

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #756 on: 30-08-19, 10:15PM »
It can't hurt can it.

Siwel123

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #757 on: 31-08-19, 12:16AM »
Just worried managers would be notified of me joining the claim?

DJS1949

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #758 on: 31-08-19, 09:44AM »
Why worry what the managers think.  I honestly don’t believe any of them worry about us.  They can’t bully you or victimise you as your doing nothing wrong.  If the company treated its staff in the right way there wouldn’t be the need for constant claims against them.  Myself personally you have to start up look after yourself.

merchandiser4u

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #759 on: 31-08-19, 09:31PM »
I wouldn't worry my mates wife is still working full time and even got promotion last year despite receiving £17,395 compensation (she was paid less than her male colleagues!)

https://www.itv.com/news/central/topic/equal-pay/

 :thumbup:

Vanilla

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #760 on: 04-12-19, 06:35AM »
Any updates on this?
I heard that Tosco failed to send in some papers/answers?

Hammer10

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #761 on: 04-12-19, 06:51AM »
They got the papers as there was another hearing and the bits that were in them look favourable on our side not Tesco.

Cleaner1

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #762 on: 04-12-19, 11:08AM »
If this one goes ahead there will be even less staff and even more stock which doesn't reach the shopfloor.  (-*-)

madness

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #763 on: 04-12-19, 12:39PM »
Yeah cos everyone will be working in the easy depot having moved from the checkouts of their local shop.

takethemoneyandrun

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #764 on: 04-12-19, 01:23PM »
Just out of interest is it worth a back-door man and grocery staff joining up to this claim or is it just for distribution.  My husband has worked on back door 17 years plus and produce and grocery before that, work is hard and he has a hernia through moving cages off wagons.  I saw it but we didn't know if he would be victimised by the hierarchy..

BarryZola

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #765 on: 04-12-19, 03:11PM »
Yes he is eligible to join up. They can't victimise him or then he will be able to claim for victimisation and/or unfair dismissal so it's not worth their trouble trying it on.

The latest development is basically that the lawyers have got their hands on some Tesco document which found that in 2014 Tesco themselves had compared many in-store roles with that of an Assembly/Picker role in distribution and Tesco had judged that these roles in store were more demanding than that DC role.

There's a legal hearing in October 2020 to decide whether this document can be used as evidence in the case and obviously if it's judged that it can be used in the case it's not going to look good for Tesco and could speed the whole legal process up.
« Last Edit: 04-12-19, 03:13PM by BarryZola »

takethemoneyandrun

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #766 on: 04-12-19, 11:25PM »
Thank you..so as long as you see it through to the end you will only pay if they win if not no fees to pay?


lordadmiral

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #767 on: 05-12-19, 03:48PM »
First. Cost update ---- still no win no fee, 25% will be deducted if claim successful.

Second:
"We recently attended another Preliminary Hearing with Tesco - these hearings are mostly about administrative matters.         

Excitingly, at this hearing we brought to the Judge’s attention a crucial document which we had asked Tesco to provide to us.

In 2014 they compared many store roles with an Assembly/Picker role in a distribution centres (DC). Although they didn’t look at all roles, each one they looked at was rated as more demanding than the DC Picking Assistant role. We think this is a very important and helpful document for your equal pay claim.

Tesco's arguments

In Tesco’s response to your equal pay claim they strongly deny that the work you do is of equal value to the men in the DC. They say they never evaluated the jobs of store workers and DC workers to see which jobs are more demanding. But this document provided to us suggests otherwise.

Tesco argues that this evaluation was not formalised so we can’t rely on it to show your work is rated as equal. We disagree. To resolve the issue the judge listed a 7 day hearing in October 2020 to decide the issue as to whether we can rely on this evaluation. 

If we can rely on it, we wouldn’t need an expert to show that the jobs evaluated are of equal value; Tesco will have done that for us. This would speed up the resolution of these claims. Even if we cannot rely on it, it is persuasive evidence that store roles are of equal value to those in the DC.
We will keep you updated on this element of the claim as it develops.

Next steps

We are still working towards identifying the roles in DCs that we want to use as a comparison, and we expect the Tribunal to appoint independent experts in the coming months. The experts’ job will be to look at the store and DC roles and work out whether your role is of equal value to jobs in the DCs.
The next Preliminary Hearing is in December 2019. At this we will make sure the parties are complying with the Tribunal’s Orders and are on track for the additional stages of the claim next year. Tesco have to provide us with your employment history and we will be in touch soon to check this with you. "

lordadmiral

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Re: Equal Pay/Leigh Day /Tom Hewitt/
« Reply #768 on: 05-12-19, 03:50PM »
One more thing i noticed after week off in our store.
No money for OT, part timers cant pick up extra shifts, agency workers hired on £10 p/h (plus agency fees).

I think that should be mentioned to lawyers and asked USDAW "WTF"....