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branch-squareCourt of Appeal Decision on the Increment Freeze

The Court of Appeal handed down it's judgement today. I am pleased to confirm that Nottingham City Council's Appeal has been dismissed. Our cross appeal for the circa 10% of claimants whose claims were unsuccessful has been allowed. Essentially the Court of Appeal has found that all 3 groups of claimants enjoyed at the point of implementation of the freeze, a contractual right to pay progression and accordingly that the withholding of the applicable increments with effect from 1 April 2011 was a breach of contract. The result is that all our members who pursued this case are entitled to arrears of pay equivalent to what they would have earned if pay progression had been operated in each of the years in which
it was frozen.

This is fantastic news for our members who are part of this claim and I am really pleased that my efforts to get this claim lodged have been successful.

The City Council has until the 24 April 2018 to appeal this decision to the Supreme Court. Our solicitors, Thompsons will let us know if this happens, failing which the case will be remitted back to the Nottingham Employment Tribunal so that we can work out the logistics of how the arrears of pay will be calculated and paid to our members.

Members who are part of the claim will shortly receive a letter from Thompsons to inform them of the outcome.

Christina Sanna
Branch Secretary



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