Mark Whitehead 23 April 2018

Council's pay freeze is ruled unlawful by Court of Appeal

Nottingham City Council was wrong to impose a freeze on incremental pay rises, the Court of Appeal has ruled.

The council decided to stop paying the annual increases, linked to their jobs as they move up salary scales, in April 2011 to save money.

But staff could now receive the rises although the council says it is planning to appeal the ruling.

A spokesperson said the council was 'extremely disappointed' with the decision and warned it would result in 'a major additional cost at a time when our budget is under huge pressure as a result of Government cuts.'

They said: 'The decision to freeze these pay rises was taken to avoid cuts to jobs and services wherever possible and has saved the equivalent of around 1,000 full time jobs.

'Had it not been introduced, further significant cuts to services and job losses would have been unavoidable.

'We will review the detail of the decision to assess the full financial implications for the council. As these could be significant, we are planning to lodge a further appeal.'

The local government union Unison, which backed the legal challenge, claimed the council's policy was unlawful because staff had a contractual right to incremental wage progression.

The claim was dismissed when it was first heard in 2015 but the union challenged the decision at an employment appeal tribunal. The council then appealed against the judgement and the case went to the Court of Appeal.

Unison general secretary Dave Prentis said: 'The judges have found unanimously in favour of the council employees. Nottingham City Council was completely in the wrong to try to prevent its staff from getting the pay rises they were due.

'In any organisation, where salary scales are linked to jobs, employees’ contracts of employment state that each year, as they gain more experience and move up a point, their wages should increase.

'While there’s much sympathy for cash-strapped councils struggling to provide services for local communities, while the government is slashing their funding, Nottingham shouldn’t have been making its employees pay the price.'

SIGN UP
For your free daily news bulletin
Highways jobs

Service Manager - Care Leavers

Cheshire East Council
£54,994 per annum - £62,777 per annum
We're looking for an experienced and passionate Service Manager to join Cheshire East Council. Location TBC
Recuriter: Cheshire East Council

SEND Plan Writer

Cheshire East Council
£31,537 - £34,434
We're looking for a dedicated SEND Plan Writer to join Cheshire East. Macclesfield, Cheshire
Recuriter: Cheshire East Council

Independent Reviewing Officer

Cheshire East Council
£42,072 - £54,994
Make a difference for children in care Macclesfield, Cheshire
Recuriter: Cheshire East Council

Occupational Therapy Lead

Gloucestershire County Council
£48,226 - £51,356 per annum
Are you passionate about supporting adults to live independently and achieve what matters most to them? Gloucestershire
Recuriter: Gloucestershire County Council

Adult Education Director

City Of Doncaster Council
DR1 £45,564 to DR8 £52,209
We are seeking an experienced and inspirational Further Education leader Doncaster, South Yorkshire
Recuriter: City Of Doncaster Council
Linkedin Banner