In 2018 UNISON lodged an employment tribunal claim against Greenwich Council on behalf of all term time paid staff. UNISON managed to negotiate an agreement which generated 5 years’ back dated payments plus a contribution to those in Council Pensions Schemes.
Term Time Pay (TTP) staff are paid using a formula that includes your annual leave entitlement. What UNISON discovered was that TTP staff were being underpaid. To put it simply not enough annual leave was being allocated to the TTP formula.
As a result of the Greenwich case claims began to be raised across the country.
In September 2019, Barnet UNISON lodged 52 TTP claims against 52 Barnet Schools and 3 contractors working for Barnet Council.
Over the last four years we have manged to secure back pay for 80% of our members in schools and contractors and we are hoping to complete the final 20% by the end of this year.
Why has Barnet UNISON written to Barnet Schools?
On 22 March 2023 we wrote to all Barnet Schools which implement the NJC National Pay Awards because part of last year’s claim included a permanent extra day’s annual leave. What this means is that the TTP formula will need to change to reflect the extra day’s annual leave entitlement.
We have asked each school to provide UNISON with the details of the new TTP formula. We need to check the formula is compliant otherwise there could be underpayments claims for our members. We need to be able to advise our members that they are on the correct pay.
In response to your questions if you think it helps this is the answer.
Why it’s going to take such a long time to get the back pay?
Because your school may choose not to respond to UNISON, or they may choose to delay the payment or find a way not to pay. If we can’t negotiate locally, we hand over to our lawyers and it can drag on for years in the courts. Once it is with our lawyers the branch has no control over the process.
What do UNISON members need to provide?
You will need to provide evidence for example payslips to show what you are being paid. You will also have to complete a case form where we will require more details about you.
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