Court of Appeal (2)
We have been inundated with enquiries following the recent Court of Appeal decision - see post dated 2 August 2008 - from people asking for more information about 'protected earnings'.
Let's take a practical example to illustrate the significance of the court's judgment - and why so many people now have a further claim.
In Council A, a refuse worker was being paid £9.00 an hour (including bonus) - prior to the introduction of a new pay and grading system.
In that same council, a carer was being paid £6.00 an hour - so she had an equal pay claim based on the difference between the two jobs - i.e. £3.00 per hour, backdated for 5 years etc.
The introduction of a new pay and grading system (in Glasgow it was given the grand title of a 'Pay and Benefits Review') means that the carer's job received an small increase in pay - let's assume to £7.00 per hour.
But what the council employers have done is to protect the pay of the refuse worker - at £9.00 per hour - so the male job is still being paid £2.00 an hour more than the female job - and for years into the future.
So, the significance of the Court of Appeal decision is that the carer (along with many other jobs) can now say:
"I want my job paid at the protected rate too!".
The new claim is for the difference in pay - in this particular case £2.00 an hour - for as long as the pay gap continues.
A worked example would be: £2.00 (the pay gap) x 30 (hours worked per week) x 52 (weeks per year) x 4 (the number years that male jobs are protected) = £24,960 + interest. NB the length of the protection period varies from council to council.
Needless to say - the employers are not explaining this to the thousands of women workers who now have substantial new claims - nor are the trade unions because they're too busy planning madcap strikes .
But Action 4 Equality Scotland and Stefan Cross are prepared to act for you - and if you need help contact us on 0845 300 3 800 - or drop Mark Irvine a note at: markirvine@compuserve.com
Let's take a practical example to illustrate the significance of the court's judgment - and why so many people now have a further claim.
In Council A, a refuse worker was being paid £9.00 an hour (including bonus) - prior to the introduction of a new pay and grading system.
In that same council, a carer was being paid £6.00 an hour - so she had an equal pay claim based on the difference between the two jobs - i.e. £3.00 per hour, backdated for 5 years etc.
The introduction of a new pay and grading system (in Glasgow it was given the grand title of a 'Pay and Benefits Review') means that the carer's job received an small increase in pay - let's assume to £7.00 per hour.
But what the council employers have done is to protect the pay of the refuse worker - at £9.00 per hour - so the male job is still being paid £2.00 an hour more than the female job - and for years into the future.
So, the significance of the Court of Appeal decision is that the carer (along with many other jobs) can now say:
"I want my job paid at the protected rate too!".
The new claim is for the difference in pay - in this particular case £2.00 an hour - for as long as the pay gap continues.
A worked example would be: £2.00 (the pay gap) x 30 (hours worked per week) x 52 (weeks per year) x 4 (the number years that male jobs are protected) = £24,960 + interest. NB the length of the protection period varies from council to council.
Needless to say - the employers are not explaining this to the thousands of women workers who now have substantial new claims - nor are the trade unions because they're too busy planning madcap strikes .
But Action 4 Equality Scotland and Stefan Cross are prepared to act for you - and if you need help contact us on 0845 300 3 800 - or drop Mark Irvine a note at: markirvine@compuserve.com
