In the IMO's previous e-mails regarding the potential taking of protective legal proceedings by the IMO on behalf of Consultant members in pursuit of monies outstanding under the unfulfilled terms of the 2008 Consultant Contract.

I would like to advise that the closing date for receipt of the outstanding documentation from members interested in being included in these potential proceedings will be close of business on Thursday, July 17th. The IMO cannot accept any documents, or other information, received after this date, and will return these to the sender.

As a reminder, the information that is needed is:

• Details of the sum of money that each Member was not paid as a result of the non-payment of all salary provisions that were agreed in 2008.
• All correspondence to and from each Member in connection with the non-payment of all of the salary provisions of the 2008 Contract.
• Signed copy of each Member’s contract.
• Confirmation of the identity of each Consultants employer, if a Consultant has changed employer since signing their initial contract
• Confirmation from each Member that they accept that the IMO acts for them, and on their behalf, in this matter.
• Anti-money laundering documentation (i.e. copy passport and two utility bills).
  In assisting members to determine the amount of money that may be owed to them, we would like to remind members of the process that prevailed in 2008.
  As Consultants would move from their existing contracts (including salary scales) it was decided that the process of assimilation onto the new salary scales would be as follows:
  a) 5% pay increase from 14th September 2007 – paid
  b) Half of the balance from 1st June 2008 – paid, six months late
  c) The remaining balance from 1st June 2009 – not paid.

Furthermore, it was agreed that existing Consultants who opted to sign 2008 Contracts would be assimilated to the top point of the relevant salary scale. The actual figures involved can be seen in the below document.

As the payment amounts were based on transitioning individuals to the new scales, it means, in practice, that individuals wishing to submit claims would need to be in a position to demonstrate their actual loss, in respect of the difference between their salary on the 1997 and the position that they should have occupied under the 2008 arrangements, had they been paid in full.
In addition, in assisting members to determine their loss, it is worth noting that in the Budget of December 2009, public sector pay was reduced in the following fashion:

• 8 per cent for those with salaries from €125,000 to €165,000;
• 12 per cent for those earning between €165,000 to €200,000; and
• 15 per cent for those earning €200,000 or more.

Under the Haddington Road Agreement, salaries were further reduced thusly:

• Any amount up to €80,000 (but not less than €65,000) - 5.5%
• Any amount over €80,000 but not over €150,000 - 8%
• Any amount over €150,000 but not over €185,000 - 9%
• Any amount over €185,000 - 10%

Given the variable involved, and the fact that the IMO does not hold member contracts, the IMO will need members to perform their own calculations in this matter.

As previously detailed, the IMO and its legal advisors have issued several plenary summonses in this matter, and several more summonses are in the process of preparation.

We will issue further updates as and when we have more information to report to members.