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Equal Pay/Leigh Day /Tom Hewitt/

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

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OpShunned

I've emailed Leigh day and been in touch with Tom Hewitt (Employment Law Solicitor)

[my email]

Hi there,

I've been closely following the recent claims made by workers at both Asda and Sainsburys regarding comparative roles between their stores and distribution centres. I am led to believe that Asda (female) claimants have been given the green light to proceed with their claim. Naturally, and, as has been pointed out there must be a case for male counterparts to pursue the same direction.

We' at T**** may be in the the same situation we believe, given the nature of duties at our stores compared to those at our distribution centres. Some colleagues might be reluctant to pursue a claim preferring to wait until the Asda judgement is settled (although this could take a while from what I can gather)  although it has been explained that no victimisation can take place as a result of any claim made regarding Equal pay. The other thing is is that Leigh day are not going to approach 'us' to make a claim so it is down to 'us' to approach yourselves.

Can you provide me with some general advice on how to start the ball rolling please?

Is it ok to forward your number on to colleagues who work in store?

Many thanks

---------------------------

[Reply]

Yes, of course – if that is preferable.

Hi,

My number is 020 7650 1182 if you are available to have a short discussion with me?

Kind regards,

Tom

Tom Hewitt, Solicitor, Employment
Leigh Day Priory House, 25 St John's Lane, London EC1M 4LB
Tel: 020 7650 1200 Fax: 020 7253 4433 DX 53326 Clerkenwell
------------------------------------------------------------------------------------------------------

The guy said it's ok for any store colleague to give him a call on 020 7650 1182.

Feel free to call him if you want to make a tentative enquiry.

Good luck to all if something comes of it! If not, at least an attempt was made!

Arizonarugby

What have you got to lose by claiming , yes at the moment it is the female staff that would have to persue the claim (and be potentially awarded up to 6 years back pay) but Tesco would have to pay match for male and if the union was worth any salt they would negotiate a compromise payment.

optout

union.......negotiate a compromise payment
;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D ;D .......s***......just let me recover. ;D ;D ;D ..........(a few hours later).. ;D ;D :D :D :D :) :) ...phew.....that hurts......ow my stomach's aching...... that was funny.....  .F that. Id rather take my chances with a judge (who works as a part time PM for tesco).
I AM NOT A REP, BUT......

Princess2016

How much do our colleagues in DC get paid an hour? And do DC have team leaders? If so, what is their pay rate per hour? Did they previously have TLs? Asking as I used to be a TL so would they match pay on that role? Or is it just CA roles?

Arizonarugby

The pay at each DC differers slightly (another great innovation courtesy of our union) ,  but at my DC all employees are paid the same rate which is £9.33 per hour plus premiums for weekend working £2.33, night premium £2.33 OT £11.66 with the average salary at the depot circa £20k

There currently are no Team Leaders, but there will shortly be Service Coordinators who will get an extra £6 a week (on top of the above rates )

OpShunned

So what's that- around £1.70 - £2 per hour more than a GA gets in store, working the day shift?

Equalizer87

I said it over the SL roles, why would anyone put themselves through the stress level that will be thrown onto them for very little more than a regular staff member would get?
These Shift Leaders/ Service Coordinators (depending on area) are little more than seriously underpaid managers. I know the SL's  in my old Metro are on around £19k for a role that someone on £21k -£23k basic, used to do.

Some people must have a screw loose to do that role.
"The only thing necessary for the triumph of evil is for good men to do nothing"

snowyowl

At the depot I work I think they are going to find it very difficult to fill these positions. There are plenty of employees with a "screw loose" but very few with the capability showing any interest.  :D :D :D

Equalizer87

@ Snowyowl

Hence why it's a doomed system.
"The only thing necessary for the triumph of evil is for good men to do nothing"

snowyowl

I'm actually looking forward to witnessing the shambles that lies ahead, I do love a good b*lls up.  ;D ;D ;D

OpShunned

Contact details for Tom Hewitt

tel. 020 7650 1182  (or email)  THewitt@leighday.co.uk


Take it whichever way you which but these are some points made on the video below regarding other claims against certain retailes?

https://www.leighday.co.uk/Asserting-your-rights/Equal-pay-claims

Leigh day have been advised by their barristers that 'the claim is strong'

'Women make a claim against the men in the Distribution Centres, if they're successful then men can compare themselves to those that have already won.'


'There are two parts to the remedy in this case. We are asking for back pay for the years you have worked at '''' and we're also asking for a pay rise in the future. A***aren't legally bound to do either.

BACK PAY it's likely that ONLY THOSE BRINGING A CLAIM will receive BACK PAY'

Contact details for Tom Hewitt

tel. 020 7650 1182  (or email)  THewitt@leighday.co.uk

mardy

I can see the initial take up of the podium monkey jobs doing quite well, but as already said once the realization that they'll be doing a £30k managers job for £6 per week hits home, they'll soon change their minds.Just look at the amount of options failures.
As for store colleagues earning the same as DC colleagues, we keep our jobs and are mismanaged in our roles through performance percentage, i cant see how that would work in a store. BUTGood luck anyway

Equalizer87

Quote from: snowyowl on 23-03-17, 04:38PM
I'm actually looking forward to witnessing the shambles that lies ahead, I do love a good b*lls up.  ;D ;D ;D

I completely agree, it is shambolic in the stores I have seen it in so far, god help all when's it's rolled out across the board.

@mardy

They have tried using unofficial "targets" in my last store, the rediculous 30 minute rule per cage and stuff like that. A system like they use in Distribution just wouldn't fit, so I think there's no chance of a 'normalising' between the two.
And it sounds like both DC and stores are going through the same hell  as to having underpaid (and probably inexperienced ) management riles driven into it. A recipe for disaster in my opinion.
"The only thing necessary for the triumph of evil is for good men to do nothing"

OpShunned

#13
Bumped to the top for those who may be interested in pursuing a No-win - no fee -claim against T---- for Equal pay going back 6 years. It mirrors the existing claim against A**A that Leigh Day solicitors have brought against that retailer (and also Sainsburys). Please try to keep this thread dedicated to the topic and not to lamentations of how tough it is to work in Distribution  ;)

Let's get this issue distributed to as many store colleagues as possible?

(Leigh day have been advised by their barristers that 'the claim against As** is strong')

'Women make a claim against the men in the Distribution Centres, if they're successful then men can compare themselves to those that have already won.'


BACK PAY: it's likely that ONLY THOSE BRINGING A CLAIM will receive BACK PAY'

[some background in a video below]
https://www.leighday.co.uk/Asserting-your-rights/Equal-pay-claims

Contact details for Tom Hewitt

tel. 020 7650 1182  (or email)  THewitt@leighday.co.uk

The guy said it's ok for any store colleague to give him a call on 020 7650 1182.

Feel free to call him if you want to make a tentative enquiry.

Good luck to all if something comes of it! If not, at least an attempt was made!

OpShunned

Bumped for perusal and any potential interest.

OpShunned


optout

Opshunned, no need to bump this thread, I for one am watching this situation with great interest and I along with many others (i am sure) will act when the moment is right for me/them. So don't be disheartened at this stage. You are not being ignored, so don't let frustration creep in yet.

As I have said before it may be worth starting a petition along the lines of 'equal pay at tesco' I would imagine it would get a good response, and would serve as an excellent communication tool if/when required. eg the person who started the 'premiums' petition can immediately at any time contact close to 80,000 people via their petition. Imagine the coordinated power that could be wielded if a similar petition re the equal pay issue where ready and waiting when the time came for a mass claim. Now that would be collective bargaining at its purest. :thumbup:

So now might be the time to lay some ground work, just a thought :thumbup:
I AM NOT A REP, BUT......

OpShunned

****** Bumped for shi** and giggles *****

Good luck to those brave enough to 'have a go' :thumbup: :thumbup: :thumbup:

Contact details for Tom Hewitt

tel. 020 7650 1182  (or email)  THewitt@leighday.co.uk

The guy said it's ok for any store colleague to give him a call on 020 7650 1182.

Feel free to call him if you want to make a tentative enquiry.

spike_pkh

Not sure if this is related but our day managers in my store have been asked to start clocking to ensure they are not working too many hours and are being asked to take extra time back as time in lieu. Our night managers have not been asked to do this and they always work extra hours. Is there any "official" brief for this?

They were told the reason for this is managers in other stores have tried (and succeeded) suing tesco due to working extra hours each week

optout

I can imagine in extreme cases that the minimum wage may become an issue.
I AM NOT A REP, BUT......

OpShunned

Spread the word to those that may be about to be scrap-heaped so that Drastic can buy Booker, Baker and any candletrick maker.

Contact details for Tom Hewitt

tel. 020 7650 1182  (or email)  THewitt@leighday.co.uk

The guy said it's ok for any store colleague to give him a call on 020 7650 1182.

Feel free to call him if you want to make a tentative enquiry.

Redshoes

Quote from: spike_pkh on 30-03-17, 09:41PM
Not sure if this is related but our day managers in my store have been asked to start clocking to ensure they are not working too many hours and are being asked to take extra time back as time in lieu. Our night managers have not been asked to do this and they always work extra hours. Is there any "official" brief for this?

They were told the reason for this is managers in other stores have tried (and succeeded) suing tesco due to working extra hours each week

All managers should clock anyway. I have worked in three stores in the area and all have signs up on staff doors reminding colleagues and managers to clock, signs are not new.

optout

@Opshunned

Are ex-employees also allowed to claim any back-pay involving the discrimination suit :question: :question: If successful of course.  (-*-)
I AM NOT A REP, BUT......

OpShunned

This is an extract from leigh -Day's website concerning Equal pay (promising?)


Q: if I am being paid unlawfully how do I make a claim?

There are strict procedures and time limits which must be met if your claim is to succeed. 

The Employment Tribunal time limits state that in general, you must present a claim to the Employment Tribunal within 6 months of the employment ending or a change in contract. Before presenting a claim you must complete an Employment Tribunal: Early Conciliation notification form.

If you have left work or changed jobs more than 6 months ago, you can now as a result of the successful judgment in Abdulla v Birmingham City Council present a claim in the civil courts for breach of contract within 6 years of the employment ending or a change in contract.

Q: how far back can I claim

Equal pay law only allows you to claim back for any employment you carried out in the 6 years before your claim being presented to an Employment Tribunal or Court.
https://www.leighday.co.uk/Asserting-your-rights/Equal-pay-claims/FAQs-for-equal-pay-claims

optout

Wonderful info, opens the doors to a lot more interested parties.'

I see the following; 'where you employed by tesco in the last 6 years? If so, you may be entitled to make a claim for lost pay'.

Sounds like an excellent band-wagon to me.


I would urge you or somebody else to start a simple petition on change.org about this 'discrimination' issue, making it as non-technical as possible so that joe public can get involved too. Lets have it out in the open.
I AM NOT A REP, BUT......

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