Employment Appeal Tribunal (EAT)
Action 4 Equality Scotland has been highly critical of the time wasting tactics of many Scottish employers and their legal advisers.
Equal pay claims have been getting bogged down - and taking much longer than they should to work their way through the tribunal system.
The Employment Appeal Tribunal (EAT) is getting its 'tuppence' worth in as well - witness the following quote from a recent hearing involving the Honourable Mr Justice Elias, President of the EAT:
"The EAT has been inundated with appeals relating to the operation of the statutory grievance procedures. Rarely can legislation have been so counter-productive. Provisions designed to reduce tribunal disputes have spawned satellite litigation in which arcane and complex points of law have been argued, frequently so remote from reality that they would surprise even the most desiccated Chancery lawyer conjured up by the imagination of a Charles Dickens."
Mr Justice Elias hits the nail squarely on its head.
His vivid description could apply to several Scottish councils - who keep trying to avoid the real issues regarding equal pay - while racking up huge fees at the council taxpayers’ expense.
But the question that will not go away is: "Why are female cleaners, catering workers, carers, classroom assistants and clerical workers - paid so much less than male gardeners, gravediggers and refuse workers?"
The employers can't answer that question - sensibly at least - and while their delaying tactics are very frustrating, they will have to face up to reality sooner or later.
Work is underway to tackle the delay in progressing Scottish claims – and the comments from the President of the EAT will help us to get our message across.
Equal pay claims have been getting bogged down - and taking much longer than they should to work their way through the tribunal system.
The Employment Appeal Tribunal (EAT) is getting its 'tuppence' worth in as well - witness the following quote from a recent hearing involving the Honourable Mr Justice Elias, President of the EAT:
"The EAT has been inundated with appeals relating to the operation of the statutory grievance procedures. Rarely can legislation have been so counter-productive. Provisions designed to reduce tribunal disputes have spawned satellite litigation in which arcane and complex points of law have been argued, frequently so remote from reality that they would surprise even the most desiccated Chancery lawyer conjured up by the imagination of a Charles Dickens."
Mr Justice Elias hits the nail squarely on its head.
His vivid description could apply to several Scottish councils - who keep trying to avoid the real issues regarding equal pay - while racking up huge fees at the council taxpayers’ expense.
But the question that will not go away is: "Why are female cleaners, catering workers, carers, classroom assistants and clerical workers - paid so much less than male gardeners, gravediggers and refuse workers?"
The employers can't answer that question - sensibly at least - and while their delaying tactics are very frustrating, they will have to face up to reality sooner or later.
Work is underway to tackle the delay in progressing Scottish claims – and the comments from the President of the EAT will help us to get our message across.
