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NHS boards still face hundreds of unresolved equal pay claims

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TAYSIDE AND Fife’s health boards could be hit with a huge bill because of outstanding equal pay claims.

More than 600 cases at NHS Tayside and NHS Fife have not been settled, with just 10 resolved in the last four years.

The Scottish Conservatives claim this could lead to millions of pounds being paid out a notion rejected by the NHS Scotland Equal Pay Reference Group, who called the figure “misleading”.

In total, Scotland’s 14 health boards have so far resolved 141 cases in the past four years, with 9,978 still outstanding.

Payouts to date have totalled £586,475, which leaves the settled average claim at £4,100.

If all 518 outstanding cases in Fife were to pay out at the average rate the cost could be as much as £2.1 million, while the total bill for Tayside would be almost £480,000 if each of their claims were settled at the same cost.

NHS Fife has resolved two cases in the last four years, while NHS Tayside has settled eight.

Conservative local government spokeswoman Margaret Mitchell said if that trend is applied to those unresolved cases, Scotland’s NHS could be hit with a bill of up to £41 million.

However, Ian Reid, chairman of the NHS Scotland Equal Pay Reference Group, refuted the claim by saying there was very little chance of all those with outstanding cases receiving a payout.

He said: “Whilst it is correct that a large number of equal pay claims are outstanding they are unlikely to succeed and to suggest that they all require to be settled is misleading.

“The legal process completed so far indicates that if they were successful, any liability would be limited to a six-month period between 1 April 2004 and 31 October 2004 in the vast majority of cases.

“It is further incorrect to suggest that there has been a delay by NHS Scotland in dealing with any stage of the tribunal process.

“As part of the process for making these claims the claimant is required to identify a male comparator and a contract term of the comparator showing that the male was paid more on the basis of gender. To date none of the claimants have done this.”

Nationally, the NHS boards with the most claims to settle are Greater Glasgow and Clyde with 4,142, followed by Lothian with 1,632.

Orkney was the only health board with no outstanding claims.

Ms Mitchell said: “This situation is clearly not sustainable how can NHS boards be expected to plan for the future with this bill of millions of pounds hanging over them?

“For many years it has been evident that equal pay has been an issue that needs to be addressed, yet there are still a massive number of outstanding claims, going back several years.

“Where there is a case to be resolved, it should be done so promptly and efficiently the only people who will benefit by it dragging on are lawyers.”

She added: “There are considerably more outstanding claims than settled ones, and we need to know urgently why this is the case.”

Scottish Labour’s health spokeswoman Jackie Baillie MSP said: “It is a disgrace that in 21st Century Scotland, women still are having to fight to achieve equal pay in the public sector.

“What is also more worrying is the financial timebomb these claims pose for the NHS and the taxpayer.

“We have no idea how many millions these will cost us, and I urge health boards to move swiftly to settle these to provide certainty and equality for all staff,” she said.

NHS Fife’s deputy director for human resources, Barbara Anne Nelson, said: “NHS Fife in common with other NHS boards are involved in national discussions with regard to the consideration and progression of any Equal Pay Claims which have been lodged.

“There is a formal legal process via tribunal within which such claims are considered.”

kiandrews@thecourier.co.uk