More News and Updates

Perth & Kinross

Perth & Kinross is another council which has been quick to raise procedural points – but slow to actually deal with the real issues underpinning people’s equal pay claims.

The situation is similar to Clackmannanshire Council – see post dated 16 November 2009 – and a Pre-Hearing Review (PHR) will be required, unfortunately, before the substantive issues are addressed.

A hearing has been listed for 28 January 2010 and will consider the council’s arguments about restricting the male comparators available to claimants.

Perth & Kinross is also arguing that the majority of claimants and comparators are not in the same employment.Most are Social Care Officers (or other APT&C-based employees) – while their comparators are Manual Worker or Craft employees.

The council argues this should undermine and effectively deny people’s claims – we say that’s not correct. This final point is currently under appeal to the Court of Session.


Highland Council

Highland Council is currently awaiting a CMD hearing date to discuss further progress – but again the situation is similar to Clackmannanshire – see post dated 16 November 2009.

The council is raising the same procedural points about the ability of claimants to use a full range of male comparators – whilst trying to ignore the fact that when push comes to shove the great majority of people have perfectly valid claims.

The Local Government and Communities Committee of the Scottish Parliament recently urged councils to get down to business in a real effort to resolve such claims – instead of hiding behind procedural issues and arguments.

We are seeking a date for a similar PHR hearing to resolve the problem with Highland Council – but hope the hearings that are planned in other councils will go the claimants’ way.

If so, Highland Council may drop its own arguments – which we believe to be wrong anyway - on the basis that they are unlikely to succeed where other councils have already failed.

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