Up The Creek

The Hamilton Advertiser has reported on the recent Employment Tribunal judgement against South Lanarkshire Council - here's what the paper had to say.

I have to laugh at the council's attempt to clutch at any passing straw - with the rather ridiculous comment that their job evaluation scheme was not found to be sex discrminatory.

Because it makes no difference whether the job evaluation scheme was designed deliberately to discriminate against female employees of the council.

The key point is that the scheme was judged to be 'unfit for purpose' - because it failed to satisfy the basic requirements of equal pay legislation - including the 1970 Equal Pay Act.

So even if the big pay differences between male and female council jobs - were the result of incompetence rather than deliberate acts - this does not invalidate people's equal pay claims.

At the end of the day South Lanarkshire Council is still responsible. 

I suppose a good analogy is driving at 100 miles per hour in a 20 miles per hour zone -  it is not a defence to say that you are ignorant of the law.

In my view South Lanarkshire Council is 'up the creek without a paddle' - and if I were a local politician I'd be asking:

'How did the council got into such a terrible mess - when it has so many senior officials and highly paid advisers?'

2400 women win landmark Equal Pay against South Lanarkshire Council

by Gary Fanning

More than 2400 women have won a landmark case to pursue South Lanarkshire Council for equal pay.

The Employment Tribunal this week 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).

Fox Cross Solicitors Limited and Action 4 Equality (Scotland) Limited represent over 2400 claimants with ongoing equal pay claims against the local authority which have steadfastly refused to settle these cases.

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.

At that time the claims were worth two years’ back pay.

The case will now proceed to consideration by the tribunal of the claimants’ 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.

Carol Fox, solicitor and director of Fox Cross Solicitors Limited, said: “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.

“Unison owe a huge apology to women who have paid lifelong subscriptions but received no assistance or legal support to fight for equal pay.

“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.

“What has happened in South Lanarkshire is, in the eyes of our clients, truly shameful.

“Our 2400 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.

“The council should now do the right thing and pay the women the compensation due over the past 12 years.”

A council spokeswoman said: “This is a complex judgement reflecting the fact that two and a half years’ worth of evidence was heard in this case.

“We will be taking time to analyse the content before considering our next course of action.

“Crucially, the tribunal did not find our job evaluation scheme to be sex discriminatory.”