Effective from 19th July, our Edinburgh office at 16 - 20 Castle Street, Edinburgh, EH2 3AT, will be temporarily closed as we are in the process of relocating. During this period, there will be no staff at this office.

Please be assured that it is business as usual. You can continue to contact your solicitor by phone or email for any assistance or to discuss your case. We appreciate your understanding and are committed to ensuring that our services remain uninterrupted during this transition.

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  1. The offer is considered a reasonable settlement of your claim and all offers are being recommended by all of the Claimants’ representatives.
  2. If you do not accept the offer your representative will stop representing you.
  3. It would then be open to you to continue with your claim in the Employment Tribunal at your own risk and expense.

  1. The start date for the calculation is 1 January 2007 and the end date is 31 March 2018 if you have been employed throughout this period and have a valid claim.
  2. If you started with the Council after 1 January 2007 then the start date is the date you started work with the Council.
  3. If you left the Council or retired then your last date of employment will be the end date of the calculation.

  1. The offer should cover all jobs that you have done for the Council in the period unless one of those jobs is not eligible for settlement.
  2. Please make sure that all your jobs are listed in your Data Check Sheet before you sign your documents. If you sign the legal documents it will be too late to raise concerns about additional jobs at a later date.

  1. This settlement takes account of all the hours worked including overtime.
  2. Again, please make sure that all your hours are listed in your Data Check Sheet before you sign for your offer. If you sign the legal documents it will be too late to raise concerns about additional jobs or hours at a later date.

  1. The calculation is based on your actual earnings supplied by the Council.
  2. The Data Check Sheet included in your settlement pack sets out the pay information for all of your posts since 1 January 2007 until 31 March 2018.
  3. Again, it is important to check this is correct before signing for your offer.

  1. If you think there is an error in your jobs, hours or pay listed on the Data Check Sheet and wish to query this information then return the Data Check Sheet setting out the correct information
  2. You must provide evidence in the form of pay slips or other documentation which clearly sets out your employment history and pay for each year. We cannot raise any query with the Council without proper evidence.
  3. Please note: the data has been carefully checked for accuracy. If you dispute the information your data will be rechecked. This will take time and will significantly delay any payment.

  1. Any offer which includes back pay has to have tax and National Insurance deducted by law. These deductions have already been made from the sum offered to you and no further deduction will be made.
  2. The rate of tax and National Insurance has been agreed between the Council and HMRC. This agreement is confidential between the Council and HMRC.
  3. We have been told that because of the agreement between HMRC and the Council, HMRC will not re-consider your individual position or reimburse any tax that you believe should not have been deducted.

Yes. The rate of interest which would be applied by an Employment Tribunal is 8% and this has been applied to your settlement.

  1. The Employment Tribunal can award compensation for the upset caused to someone because they have been discriminated against. This may or may not have been awarded by the Tribunal if you had taken your claim to a final decision.
  2. Each settlement includes a sum for Injury to Feelings. This element of the offer is not taxable.

If you were a member of the Pension Scheme during the period of the settlement offer then your pension will be adjusted to reflect the settlement. A deduction has already been made from your settlement sum in relation to your pension contributions.

  1. If you owe the Council outstanding sums for Council Tax, overpayments of wages or overpayments of Housing Benefit, the Council has deducted these sums from your offer. By signing the legal documents you agree to these deductions being made by the Council.
  2. You may want to take advice from a debt adviser. Glasgow Advice and Information Network (GAIN) can signpost you to an appropriate adviser: https://www.gain4u.org.uk/ (0808 801 1101).

Depending of the amount of compensation you receive, your social security benefits may be affected. Your past tax credits will not be affected but future tax credits may be affected. You should seek advice from a welfare rights advice service via Glasgow Advice and Information Network (GAIN): https://www.gain4u.org.uk/ (0808 801 1101).

  1. The current settlement preserves all of your rights for the period after 31 March 2018 until the introduction of a new pay and grading scheme.
  2. When the outcomes of the new job evaluation are known, probably in 2021, we will engage with the Council’s representatives to settle the remaining period.

Legal services for 5 1177
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Trainee Solicitor Ben McKinlay from the…

Trainee Solicitor Ben McKinlay from the employment law department dealt with my claim for compensation. What was a difficult and trying time for me with my previous employer, Ben helped me be able to put all of that behind me. He was extremely knowledgeable, punctual, professional and friendly! I would not hesitate to recommend Thompsons to anyone.

Anonymous
16 March 2023
5 / 5

Paul Deans

Paul Deans was fantastic. He talked me through everything, he was attentive, thorough, informative and made me feel at ease all the way through, and explained everything Paul managed to get me a great result He is a great asset to Thomson Solicitors

Anonymous
31 March 2022
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