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Equal Pay/Leigh Day /Tom Hewitt/

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

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blutopia

From adamlad's most recent post, it would appear that Leigh Day messed up.  I wouldn't worry about whether or not they could mitigate the costs (assuming the case is lost).

adamlad

blutopia is right I would say that Leigh Day took on more than they could handle, they made basic assumptions that what happened in every store for example was the same across the country and left it till the last minute to ask for information / evidence from us the people who they were representing.

Another example LD tried to claim the union had not communicated with the staff this was to support the argument the partnership agreement was c**p and as a result of that the pay review agreement was void. tesco defended by supplying in the pre trial document defence disclosure a claim that each store had a union notice board with all the information on it and this was one of the methods that the union use to ensure that everybody in every store gets the same communication. with this was a picture of the perfect union notice board, massive, full of up to date and relevant information- it was quite clear that this was 'staged' by tesco. I have worked as a manager for tesco for 10 years and have never seen a board like it every store I have been in the boards are full of c**p or just not updated. LD accepted that this at face value that this board was like it in every store and could not see past the fact that this was a prop no even ask us till 2 days before the trial for our views on the tesco defence argument.

Leigh Day will have to pay Tesco costs normally you dont in a tribunal if you are an individual but as this is a corporate body on no win no fee you have to, totally agree its better to have tried than to have not


OpShunned

Adamlad

Was the No win no fee case done on

Conditional fee agreement (CFA)
or

Damages-based agreement (DBA)
:question:

adamlad


Slave64

I have been with Tesco a long time. I can honestly say there has never been in past or now a notice board for usdaw. This union is useless, they take your money but don't support you


OpShunned

If you have any questions, either in relation to the document or the case more generally, please do not hesitate to contact Leigh Day on 0800 689 0570 or by email at tescoequalpay@leighday.co.uk


cityboy

The concept of this argument is c**p. Women in retail don't deserve the same pay as men in distribution. People in retail do deserve the same pay as people in distribution. This is not a sexist issue!

Carparkpothole

There are both men and women in distribution, and they get paid the same. There are both men and women in stores and they get paid the same. Not all  there in a geographical difference in store  pay, there is a different rate of pay in distribution.  Distribution  is currently finding it hard to recruit  and retain staff at the moment for a reason.

Nomad

If M/F are moving same boxes similar distances then they deserve the same hourly rate of pay.
Nomad ( Forum Admin )
It's better to be up in arms than down on your knees.

JL


OpShunned

Can I draw your attention to the following extract from Adamlad's correspondence from Leigh Day regarding the claim?

[The new claim against Tesco and how to proceed.]
If you have any questions, either in relation to the document or the case more generally, please do not hesitate to contact Leigh Day on 0800 689 0570 or by email at tescoequalpay@leighday.co.uk


Anyone, male or female, who has worked at a Tesco store in England or Wales in the last six years, or Scotland in the last five years, is entitled to bring an equal pay claim against Tesco. The more people who join this claim, the greater the amount of pressure on Tesco to deal with the issues raised.

OpShunned

#138
https://www.leighday.co.uk/Employment-discrimination/Current-cases/Tesco-equal-pay-claim

Tesco Equal Pay Claim


Leigh Day is currently bringing a claim on behalf of Tesco store workers for equal pay. We are doing so to promote equality and challenge how large retailers pay their employees in different areas of their business.

Equal pay claims

Equal pay claims for supermarket employees are about whether hourly-paid store staff carry out work that is of "equal value" to that carried out by the staff who work in the distribution centres. The staff working in the stores are mostly women and the staff working in the distribution centres are mostly men. 

If it is shown that their work is of equal value, and we can show that the reason for the difference in pay is due to their gender and cant be justified, then the equal pay claims will be successful. We believe that we will be successful in these equal pay claims against Tesco as well as those we are running against Asda and Sainsburys.

Who can claim?

Anyone, female or male, who has worked at a Tesco store in England, Northern Ireland or Wales in the last six years, or Scotland in the last five years.

If you have worked for Tesco for more than 6 years will be entitled to the maximum amount of back pay.

Should you wish to instruct Leigh Day to represent you in this claim, please contact us at tescoequalpay@leighday.co.uk or on 0800 689 0570

Please be assured that strong victimisation laws are in place to prevent any negative action being taken against you for bringing an equal pay claim. If you have any concerns about this, you can call 0207 650 1228 and speak to our team in confidence.

Rigger

This claim is laughable, most store staff wouldn't last 5 minutes working in a distribution warehouse. I see both sides daily, I wouldn't work in the warehouse for twice the money, I could do store work but I wouldn't want to do that either.

OpShunned

#140
Rigger. Everyone is entitled to their opinion especially as it adds to the debate. It's a conversation worth having, and one that will take place in a court of law. A year ago, I didn't think it would get this far given the apathy in some quarters and outright objection in others.

Up the workers  ;D Well done Pam for sticking your neck out  :thumbup: :thumbup: :thumbup:

Tesco equal pay claim could cost supermarket up to £4bn

https://www.theguardian.com/business/2018/feb/07/tesco-equal-pay-claim-could-cost-supermarket-up-to-4bn

Pam Jenkins, 57, has worked for Tesco for 26 years and currently works mainly nights on the shopfloor in Tesco's Baldock store in Hertfordshire. She is paid about £8 an hour and also recently lost out when Tesco reduced premium pay rates for Sunday shifts.

Her job involves collecting stock from the warehouse, stocking shelves and dealing with customers. "It is quite hands-on manual work," she said.

Jenkins said: "Tesco is a good employer. They just need to get their facts right. They say they want everybody to be equal. It should be equal pay for equal value. I do feel let down and a bit miffed to say the least."

Tesco said it would consider any changes to pay in partnership with Usdaw, the trade union which represents the majority of its shopfloor staff.

The supermarket said it was yet to receive details of any claim.

Rigger

The 2 jobs aren't performed under the same conditions, far from it

BarryZola

Would it be wise to allow this to go to court before putting your name to the case, then see if they're successful or not? Obviously if the claim is successful then any store staff can just piggy-back on the judgment and proceed with a claim? Just checking this as I'm no expert, but wouldn't want my name to be involved with the case if it is unsuccessful. Fair play to Pam, she's braver than me :)

Twinkletoes

Maybe the warehouse staff should be paid the extra in Lego blocks or duplo.   Given that majority of cages look like an idiot built them...

Welshie

I imagine once Asia's appeal is heard (a judge ruled the work in store and distribution WAS of equal value) and verdict known people will decide to join this claim on mass but if Asda lose appeal Tesco may decide to pay out as the precident in law will have been set . Thoughts anyone ??

belfast driver

I have a feeling Tesco will win this case as 99 percent of shop staff would never hack working in the warehouse. It's hard work with very high targets to reach.
Everyone seems normal until you get to know them.

Welshie

It's not the physical  work they are judging , it's the similarities and the value of the work . I had read about this claim on here and laughed it off but the article in the guardian I read this morning (online I don't generally read the guardian) made me stop and think

belfast driver

Quote from: Welshie on 07-02-18, 09:04AM
It's not the physical  work they are judging , it's the similarities and the value of the work . I had read about this claim on here and laughed it off but the article in the guardian I read this morning (online I don't generally read the guardian) made me stop and think
If thats the case I want the same salary as Dave Lewis.
Everyone seems normal until you get to know them.

VladPutin

Quote from: belfast driver on 07-02-18, 08:38AM
I have a feeling Tesco will win this case as 99 percent of shop staff would never hack working in the warehouse. It's hard work with very high targets to reach.

Depot is where they dump the dregs. People so lazy and stupid they couldn't get a job "working" in Costa ;D :D

Welshie

@Belfast driver
Store or distribution, we all deserve that!

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