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Equal pay claim: time limits of six months
Having worked for North Lincolnshire council from 2001 until 2006, I was told in July about a potential equal pay claim informed to staff in July 2007. I emailed human resources that day and asked why I hadn't been informed of this and even though I no longer worked there the prejudice took place during the time I was there. The reply was that if i hadn't claimed within 6 months of leaving I was too late to receive anything. I spoke to the union (although I am no longer a member) and expressed my concern that if the women that worked there didn't know about any possible claim how were we supposed to know about the time rules? The union sent me a letter to send to the woman at human resources for them to re-consider it. I sent it on the 10th August 2007,and have not received any acknowledgement since. I have since found out that my ex co-workers are receiving their pay outs. I feel cheated and angry that no one either from the school where I worked nor human resources wrote to tell me about a possible claim. Any suggestions or advice on this matter please?
The general rule is that a claim for equal pay must be made (i.e. employment tribunal proceedings issued) within 6 months of the end of the employment to which the claim relates. This time limit is extended by three months if an internal grievance is raised during the six month period.
As you left in 2006 you are out of time, unless you can claim that your claim was deliberately concealed from you by the Council (something that is very hard to prove).
There may be a query as to the role of your Trade Union. If they knew you were leaving your job, there is an argument that they should have advised you to lodge an equal pay claim. This could enable you to claim damages from your Union.
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