Women Win Landmark Equal Pay Case
The Court of Appeal delivered another landmark judgment last week - of huge significance to the thousands of outstanding equal pay claims currently before the Employment Tribunals in Scotland.
In a lengthy and detailed judgment, the court decided firmly in favour of women claimants in two crucial areas.
Firstly, the court agreed that employers continue to discriminate against their women workers, if local pay protection is given to male bonus earners - but not their female colleagues.
What has happened in most councils is that - despite the introduction of new and supposedly fairer pay structures - the much higher pay of traditional male jobs has been protected - they continue to earn the same as before - so the big pay gap between male and female jobs for years into the future.
The Court of Appeal has ruled that such schemes are unlawful - because they continue the pay discrimination of the past - opening the door to many more claims from thousands of employees - even if they have already accepted an offer of settlement.
Secondly, the court agreed that different collective bargaining structures are not a barrier to female employees pursuing equal pay claims - which opens the door for pay and earnings to be compared across 'blue' and 'white' collar occupational groups.
Again the court's judgment is great news - because it means that female clerical workers or classroom assistants (to give but two examples) are able to compare their pay to that of traditionally much higher paid male refuse workers or gardeners.
The employers will now have to explain and defend these big differences in pay - they can't hide behind different pay bargaining arrangements as the reason (as opposed to blatant pay discrimination) - which many have done up until now.
So, the stance taken by Action 4 Equality Scotland and Stefan Cross has been vindicated by the Court of Appeal - while the employers and trade unions have been left with egg all over their faces - again.
In a lengthy and detailed judgment, the court decided firmly in favour of women claimants in two crucial areas.
Firstly, the court agreed that employers continue to discriminate against their women workers, if local pay protection is given to male bonus earners - but not their female colleagues.
What has happened in most councils is that - despite the introduction of new and supposedly fairer pay structures - the much higher pay of traditional male jobs has been protected - they continue to earn the same as before - so the big pay gap between male and female jobs for years into the future.
The Court of Appeal has ruled that such schemes are unlawful - because they continue the pay discrimination of the past - opening the door to many more claims from thousands of employees - even if they have already accepted an offer of settlement.
Secondly, the court agreed that different collective bargaining structures are not a barrier to female employees pursuing equal pay claims - which opens the door for pay and earnings to be compared across 'blue' and 'white' collar occupational groups.
Again the court's judgment is great news - because it means that female clerical workers or classroom assistants (to give but two examples) are able to compare their pay to that of traditionally much higher paid male refuse workers or gardeners.
The employers will now have to explain and defend these big differences in pay - they can't hide behind different pay bargaining arrangements as the reason (as opposed to blatant pay discrimination) - which many have done up until now.
So, the stance taken by Action 4 Equality Scotland and Stefan Cross has been vindicated by the Court of Appeal - while the employers and trade unions have been left with egg all over their faces - again.
