UNISON has sent a letter to the Treasury’s solicitor that could pave the way for further action over the exit cap regulations.
UNISON has been having discussions with legal advisors and sister unions about the possibility of challenging the regulations.
Late on Friday evening, the letter was sent requesting responses to a number of points. Unite and the GMB have submitted similar letters. The BMA has also submitted a separate letter.
The letter raises a number of questions about the proposals, including whether they involve:
- a breach of existing contractual or statutory entitlements;
- a breach of rights under the European Convention on Human Rights;
- a denial of substantive legitimate expectation;
- inclusion of certain payments beyond normal termination payments;
- lack of or inadequate equality impact assessment;
- indirect age and/or sex discrimination.
These letters do not commit UNISON and the other unions to further action, but this is possible depending on the response from the government lawyers. It is hoped that this will come soon.
UNISON is asking members to send a model letter by email to the consultation. The consultation is due to close by Monday 9 November so please take action this week. The letter is below and can be adapted as you wish to reflect your own situation or to make other points. Please also make clear you are responding as an individual.
Responses should go to LGExitPay@communities.gov.uk by Monday 9 November.