Welcome to the Lancashire Branch of Unison
1. Is the Council’s decision to commence charging for car parking for staff on 1 April 2008 lawful?
Unison has obtained legal advice from Thompsons Solicitors that the Council’s decision was unlawful in respect of certain classes of employee (see below). However, if the Council are unprepared to settle any potential legal claims then whether their actions were unlawful will ultimately be decided by the County Court or High Court.
2. Which classes of employees have suffered a breach of contract and may be entitled to bring claims ?
The three types of employees who could park for free at Lancashire County Council premises prior to 1 April 2008:
There may also be a handful of members who do not fall into one of the above categories but reached a specific contractual agreement with the Council that they would be entitled to free car parking if available. Unless these members have documentary evidence of such an agreement, their claims may be difficult to prove. However, if any fall into this category, they should bring this to the attention of their Unison representative as soon as possible.
3. Why do employees not have a claim unless they fall into one of the above categories?
This is because those employees who started on or after 1 August 2003 were specifically excluded from receiving a free car parking permit by the Council.
Clearly if no contractual entitlement to free car parking existed before the charging arrangements were introduced, these employees have no possible claim.
4. What steps do members need to take to protect their position?
Those members who qualified for free car parking permits before 1 April 2008 need to ensure that they have made it clear to the employer in writing that they do not accept the change. In particular, those members who have purchased car parking permits/paid for car parking/been forced to make alternative transport arrangements should write to the employer stating that they have been forced to do so under protest and reserve their individual right to take legal action for breach of contract. Members should retain copies of all grievances and letters of objection.
5. What happens if members do not lodge grievances or objections?
The Council may be able to argue that those members who raised no grievances nor objections accepted the breach of contract by their conduct. Therefore, it is imperative that members send these letters as soon as possible if they have not already done so.
6. If members do not lodge a grievance or objection in writing is this likely to defeat their claim?
Yes
7. What is Unison doing in respect of members’ breach of contract claims ?
Unison has already obtained legal advice. Thompsons Solicitors have sent a letter before action to the Council. This is a legal requirement before any County Court or High Court claims can be commenced. Unison is also investigating which of their members from the above three classes of employees, plus one with a specific contractual agreement, will be best to put forward as possible test cases to their solicitors.
8. When will legal claims be brought?
Thompsons Solicitors will review their initial merits assessment on receipt of the other side’s reply to the letter before action. If legal opinion remains that these claims have reasonable prospects of success then it is hoped legal claims can be commenced by 30 May 2008.
9. If these claims are successful will this benefit all members affected?
It should do so, but how quickly will depend upon the wording of the judgment.
Therefore, members should retain copies of all their relevant documents and details of all financial losses which flow from the changes introduced on 1 April 2008 (for example car parking permit, car parking fees, bus or train fares if members have been forced to change mode of travel as a result of charges being imposed).
10. What are the time limits for employees to bring claims for breach of contract?
Claims for breach of contract need to be brought within six years of the breach. However, Unison would urge members to wait until the outcome of any test cases chosen, which will have the necessary specialist legal assistance required to ensure the prospects of success are maximised.
Employees pursuing claims without legal representation or with the support of non-specialist lawyers will have less prospect of success. Unsuccessful individual cases may jeopardise the prospects of Unison backed claims.