Edinburgh - Test Case Victory
The recent test case at the Employment Appeal Tribunal - involving Edinburgh City Council - has resulted in a big victory for the claimants.
The council appealed an earlier Employment Tribunal decision from 2009 - arguing that former APT&C workers could not compare themselves to former manual workers - for the purposes of equal pay.
But the council's arguments were firmly rejected by Lady Smith at the Employment Appeal Tribunal - in what is likely to become a landmark judgment.
The judgment opens the way for all the outstanding claims - which Action 4 Equality Scotland has been fighting on behalf of former APT&C employees.
Here are some key points from the judgment - which has implications for all Scottish councils - not just Edinburgh.
The EAT agreed that white collar Claimants (APT&C employees) can make claims based on the bonus of earning manual workers.
The council argued that male manual workers were either not in the same establishment (e.g. gardeners and refuse workers don’t work in schools) and/or were not on common terms - as the council had not yet implemented single status.
But this argument was rejected roundly and the EAT decision will allow thousands of white collar (former APT&C) staff to pursue their equal pay complaints - and proceed to GMF hearings or a negotiated settlement.
In her judgment, Lady Smith held that:
A council is a single establishment for pay purposes
Even if men and women were not employed at the same establishment (workplace) - the implementation of the 1999 Red Book (Single Status) Agreement meant that common terms and conditions applied - from that date onwards.
The Council alone is responsible for setting the terms of both the Claimants and the Comparators pay - notwithstanding any historical role played by collective bargaining machinery.
The Council is a single source employer and responsible for remedying any pay inequality - it is not a defence to argue that workers in different parts of the council (covered by the Red Book) - are employed on different terms and conditions.
The council appealed an earlier Employment Tribunal decision from 2009 - arguing that former APT&C workers could not compare themselves to former manual workers - for the purposes of equal pay.
But the council's arguments were firmly rejected by Lady Smith at the Employment Appeal Tribunal - in what is likely to become a landmark judgment.
The judgment opens the way for all the outstanding claims - which Action 4 Equality Scotland has been fighting on behalf of former APT&C employees.
Here are some key points from the judgment - which has implications for all Scottish councils - not just Edinburgh.
The EAT agreed that white collar Claimants (APT&C employees) can make claims based on the bonus of earning manual workers.
The council argued that male manual workers were either not in the same establishment (e.g. gardeners and refuse workers don’t work in schools) and/or were not on common terms - as the council had not yet implemented single status.
But this argument was rejected roundly and the EAT decision will allow thousands of white collar (former APT&C) staff to pursue their equal pay complaints - and proceed to GMF hearings or a negotiated settlement.
In her judgment, Lady Smith held that:
A council is a single establishment for pay purposes
Even if men and women were not employed at the same establishment (workplace) - the implementation of the 1999 Red Book (Single Status) Agreement meant that common terms and conditions applied - from that date onwards.
The Council alone is responsible for setting the terms of both the Claimants and the Comparators pay - notwithstanding any historical role played by collective bargaining machinery.
The Council is a single source employer and responsible for remedying any pay inequality - it is not a defence to argue that workers in different parts of the council (covered by the Red Book) - are employed on different terms and conditions.
