The FDA is pleased to report that the Home Office has now settled the Employment Tribunal claims lodged in respect of the department's 2010 pay offer. The claims were lodged by the FDA in conjunction with Prospect.
The Home Office had previously claimed that non-consolidated payments for those at the target rate of their pay scale were not contractual and, therefore, would not be paid for the duration of the civil service-wide pay freeze, which was applied from 2010 in the Home Office. Since management was unwilling to discuss the legal reasoning for their view, the FDA and Prospect were left with no option other than to submit Employment Tribunal claims, which the two unions did in October 2010. ISU (a UK Border Agency union) lodged similar claims.
At the same time, the FDA alone submitted a separate Employment Tribunal claim on behalf of Fast Streamers in the Home Office, arguing that they are entitled to five milestones progression, rather than three, as the Home Office claimed.
The Home Office has now admitted that it is contractually obliged to pay an annual non-consolidated payment to employees at or near their target rate. The department has also conceded that it is contractually obliged to pay five milestones' progression to Fast Streamers below the target rate (although they have 'capped' the payment for those Fast Streamers near the target rate at three milestones, in line with other Home Office staff). All eligible employees will receive a payment, not just claimants.
Caroline Milton, FDA national officer, said: "We are delighted that dozens of FDA members in the Home Office will benefit from this action. We estimate that this settlement is worth between £1,400 and £2,200 to eligible Grade 6 and 7s and some £550 to £700 to those Fast Streamers who benefit. We will also expect the Home Office to apply the same terms to this year's pay offer. On behalf of FDA head office and all those members who will benefit from this settlement, we would like to thank the 23 FDA members who stepped forwards as Employment Tribunal claimants. This success could not have been achieved without their participation."
Members who have any questions about this settlement should contact: russell.yates8@homeoffice.gsi.gov.uk.