Claim against States of Guernsey payroll dismissed

Monday 23 July 2018

A woman, Susan Cotterill, who sought to recover £416.46 from the States of Guernsey payroll claiming she had been paid incorrectly has had her claim dismissed by the island's Magistrate's Court.

Ms Cotterill had previously been employed by Health and Social Care in a role that had been downgraded while the department waited to see proof she had the qualification she claimed she had.

The claim; which was heard in court last week, had focussed around her reduced pay during this time. Ms Cotterill said she believed she should have been paid more according to her contract.

Ms Cotterill represented herself in the Magistrate's Court, with the court hearing how her particular role covered various pay bands associated with different salaries. Ms Cotterill herself had applied and been successful in gaining employment in a band 4 position, as her employers believed she had the relevant NVQ level 3 in Health and Social  Care. 

When the States HR staff made some enquires and asked for documented proof of the qualifiation Ms Cotterill said she had it became apparent that she may not actually have met the relevant employment criteria and her role was downgraded to band 3 on the payroll, pending the disclosure of documented evidence. 

The financial claim lodged by Ms Cotterill centered around this time when she was being paid on band 3, but she believed she was entitled to the higher payments associated with band 4 as that was what had been agreed in her signed contract.

The £416.46 was the total difference in pay during the time in which she was on the lesser pay band before her eventual dismissal.

Clouding matters slightly the court heard that during a separate investigation which was carried out at the same time Ms Cotterill had been moved to a different work location where she would have supervision as there had been complaints made against her whilst she was working alone.

Evidence was given on behalf of HSC which stated that in a formal meeting Ms Cotterill had accepted that she didn't hold a level three qualification but had stated she was qualified by experience. It was further explained that Ms Cotterill had been redeployed as concerns had been raised about her performance and especially her working alone.

The court heard that Ms Cotterill had been informed of this investigation and the fact that she had been put on a reduced pay band pending the investigation into her relevant qualifications.

During the hearing Ms Cotterill admitted her lack of relevant qualification. She said: "I don't have a qualification at NVQ level three, well not in health and social care." She also said she was a social worker and had a similar qualification at which point the judge interjected stating that the reporter present may have an A level in Journalism and that he may have an A level in history but they were not the same and it was like comparing apples with pears.

As the court proceedings progressed, Ms Cotterill was resolute that she had a relevant qualification but that she was unable to obtain the paperwork and never had a certificate.

In summing up; Judge Grahame McKerrell said that the burden was on the plaintiff to prove her case on a balance of probability. The post she applied for and was successful in gaining was for a band 4 role and it was clearly indicated that a relevant qualification was required. 

He said there had been errors by the employer in allowing Ms Cotterill to start work before HR had seen proof of her qualifications.

He then went on to state that given Ms Cotterill did not have the relevant qualification she had in fact already been paid more than she was entitled to as she should never have been employed in the band 4 role and if her lack of qualification had been known she would have remained at band 2.

Having reviewed all the evidence Judge McKerrall closed by saying: "Ms Cotterill deliberately sought to obfuscate her claims of qualification. This claim must fail and therefore I dismiss it."