EQUAL PAY CLAIMS

INFORMATION FOR NORTHUMBRIA UNISON MEMBERS – STEFAN CROSS SOLICITORS LETTERS

A number of members have approached us having received a letter from Stefan Cross Solicitors about the Equal Pay claims which they had lodged through him.

NORTHUMBRIA HEALTHCARE UNISON cannot advise you on how to respond to this letter – Stefan Cross Solicitors is your legal representative and not UNISON – but you may find the following information helpful.

Q1. Stefan Cross Solicitors says that the unions supported the employers in the Hartley case which means that my case was lost for the period after Agenda for Change. Why did my union do this?

A1. We did not support the employers. The union was attacked by Stefan Cross Solicitors, who lodged Tribunal cases against us. UNISON members had voted twice in ballots for the introduction of Agenda for Change and we wanted to ensure that the agreement was maintained We defended the union and the agreement that our members had signed up for. Our advice was that Agenda for Change is a proper and robust job evaluation scheme and our view was that the Hartley case would cause unnecessary delay in looking at any potential cases pre-Agenda for Change. This has proven to be correct.

UNISON has always considered the claim misconceived on the basis of the advice we have received from 2005, which is that such a claim had no reasonable prospects of success. We have, of course, given all of our members in the NHS the chance to submit a claim for the period before Agenda for Change was introduced and we are pursuing those claims now – though they were all put on hold for a very long period because of the Hartley case that Stefan Cross Solicitors brought.

Q2. Stefan Cross Solicitors says that I can seek alternative representation – will UNISON represent me?

A2.NORTHUMBRIA HEALTHCARE UNISON recognises the very difficult situation members have been put in because of this letter from Stefan Cross Solicitors. We are assessing the position but it is likely that we will consider taking up any pre-AFC part of your claim, if one was lodged by Stefan Cross Solicitors, subject to our usual criteria.

Q3. What are your “usual criteria”?

A3. We consider all tribunal claims on the basis of whether or not we believe there are reasonable prospects of success. We will also need you to confirm that no other solicitor is acting for you before we consider your case. We do not make any deduction from any compensation you may be awarded.

Q4. Why did I have to return my form to Stefan Cross Solicitors by 13th May?

A4. The date for return of the options form was set by Stefan Cross Solicitors and not by UNISON – it is linked to the time limit for registering an appeal against the Hartley Tribunal decision and not to continuing your claim for the period before Agenda For Change. UNISON only became aware of the letter that Stefan Cross Solicitors had sent out to members on 11 May.
Q5. Stefan Cross Solicitors has given me 3 options – which should I choose?

A5. As you are a client of Stefan Cross Solicitors we cannot advise you which option to choose – you should read his letter carefully and decide which option to go for. However we can tell you that if you wish to continue your Equal Pay Claim for the pre AFC period you should not agree to withdraw your claim.

Q6. What happens next if I decide to go for alternative representation?

A6. If you ask UNISON to support your case we will refer it to Thompsons, who are already dealing with other claims against your trust for UNISON members. UNISON does not charge any legal fees for this.

If you decide to go to another solicitor, UNISON will not be responsible for any of the legal fees you may be charged.

Q7. What happens if I change solicitors?

A7. You will need to authorise Stefan Cross Solicitors to send their file to your new solicitor. If you ask UNISON to take on your case this will be Thompsons, who will assess your case to see that it has a reasonable prospect of success. We can only do this once you have decided to change your solicitor.

Q8. What if I want to continue to challenge Agenda for Change and the Hartley decision?

A8. You will have to instruct other solicitors immediately as outlined in the letter from Stefan Cross Solicitors. UNISON will not support an appeal against the Hartley decision for the reasons given in A1 above. You will need to make your decision on this on the basis of the advice in the letter from Stefan Cross Solicitors.

Q9. Will I be charged anything by Stefan Cross Solicitors for withdrawing my claim or changing solicitor?

A9. As Stefan Cross Solicitors has terminated the Conditional Fee arrangement with you he cannot level any penalty charges which may have been incorporated in his agreement with you. You should not pay any monies over to Stefan Cross Solicitors.

Q10. I’ve had this letter but I’m not a union member – what can I do?

A10. You should contact your local NORTHUMBRIA HEALTHCARE UNISON representative for a UNISON membership form now and we can look at your case.