Too Close For Comfort

Fox Cross Solicitors also released a press statement over yesterday's developments in South Lanarkshire Council - here's what they had to say.

MAJOR EQUAL PAY VICTORY FOR THOUSANDS OF LOW PAID WOMEN

Fox Cross Solicitors Limited and Action 4 Equality (Scotland) Limited are pleased to announce a major victory for thousands of claimants in a landmark equal pay case against South Lanarkshire Council. We represent over 2,400 claimants with ongoing equal pay claims against the only large Council in Scotland which has thus far refused to settle these cases.

The Employment Tribunal has today ruled that the Job Evaluation Scheme used by South Lanarkshire Council does not comply with the provisions of the Equal Pay Act 1970 (now incorporated into the provisions of the Equality Act 2010).

The Tribunal heard that as early as 1999 the designer of the Council’s scheme attended a cross-Scotland COSLA Task Force on Equal Pay which acknowledged that women in local authorities had valid equal pay claims but decided at that time not to end the discrimination and settle the claims, then worth two year’s back pay.

The case will now proceed to consideration by the Tribunal of the Claimant’s equal pay claims. The Claimants hope that, instead of spending yet more taxpayers’ money, the Council will now recognise the need to settle these claims. The Council defended the longest running equal pay case in Scotland at a PHR (Pre-Hearing Review) between September 2009 and December 2011 for over 50 days at the Employment Tribunal in Glasgow.

The Tribunal decision is a very detailed and lengthy judgement which needs to be very carefully reviewed by the Council. We will produce a summary of this important decision for our claimants and the press very shortly.

Carol Fox, Solicitor and Director of Fox Cross Solicitors Limited stated:

“I am absolutely delighted for all the claimants who have waited over six years for this result. They have worked hard as Cleaners, Catering Assistants and Carers and have watched in dismay as all other Councils reached settlements. South Lanarkshire Council ploughed on defending the indefensible at taxpayers’ expense. These women have not only been let down by their employer but when they turned to their union for help they were told there was no case against the Council.

The first claim was lodged by Stefan Cross in November 2005. He took action to protect the legal position of thousands of women while Unison failed to act. The union published a newsletter in 2005 advising employees that there was no equal pay problem in South Lanarkshire. Instead they attacked Stefan Cross. Unison have failed to raise one tribunal claim. The cases proceeded at the tribunal over seven years demanding huge resources and hard work from Stefan Cross, Fox Cross Solicitors, expert Barristers and distinguished Equal Pay experts.

Only after five years’ work by others, in the middle of cross-examination of the local Unison rep, did the union do a complete U-turn. Unison's officials in South Lanarkshire supported the employer and failed to take action to protect the interests of thousands of low paid female workers. Unison owes a huge apology to women who have paid lifelong subscriptions but received no assistance or legal support to fight for equal pay. Unison are quick to criticise others. It is time that the union officials examined their own conscience and their shameful record in South Lanarkshire.

This judgement is a victory for the determination and resolve of these remarkable women who are the backbone of our Public Services. It is time they were shown the respect they deserve. After six years of litigation it would be shameful if the Council proceed to an appeal to continue to deny their female employees equal pay.

South Lanarkshire Council took a deliberate decision to opt out of the National Pay and Grading Scheme, implemented by the majority of Scottish Councils. It then invented a uniquely flawed in–house Job Evaluation Scheme. We have argued from the beginning that their motivation for going their own way was to protect unlawful and unjustified higher wages of male workers while telling their female workers that there was no equal pay problem. What has happened in South Lanarkshire is, in the eyes of our clients, truly shameful.

Our 2,400 clients hope that there will now be a full and comprehensive inquiry regarding the actions and decisions of Councillors and trade union officials in South Lanarkshire over the last decade. We hope that the Council will change their ways and will not appeal further. It is well past time to get round the table and resolve these cases.

Low paid employees in South Lanarkshire deserve better. The Council should now do the right thing and pay the women the compensation due over the past 12 years.”

Seems to me that relations between South Lanarkshire Council and the trade unions have been far too close - for the good of most ordinary union members - the great majority of whom are women, of course.