Former APT&C Workers

The UK Supreme Court today struck down a previous Employment Tribunal ruling in the so-called North case involving Dumfries & Galloway Council - which some council employers have been using to hold up settlement of equal pay claims from former APT&C workers.

The arguments surrounding the North case were about the ability of former APT&C workers to compare their earnings to those of traditional male jobs - and this issue had already been substantially decided in a separate case that of Wilkinson v Edinburgh City Council.

In the Wilkinson case, where the Council was described as 'defending the indefensible' the Employment Tribunal decided that it was perfectly fair - for former APT&C workers to compare their earnings to those enjoyed in traditional male jobs, and this eminently sensible decision was subsequently upheld at the Employment  Appeal Tribunal (EAT). 

After losing the argument at the EAT, Edinburgh City Council settled its outstanding claims from former APT&C workers - but other councils hid behind the separate decision in the North case which many people regarded as a 'rogue' judgement - and one which could not be sustained.

In the North case the Employment Tribunal initially held that former APT&C workers could not compare their jobs and earnings to council workers employed in traditional male jobs - and because of the way the case was pursued it has taken all this time to finally resolve, even though the North case involved a relatively small number of union-backed claimants from Dumfries & Galloway.

So, while it has taken a scandalously long time to finally agree with the logic and reasoning behind the Wilkinson case - which was the right judgement all along - the fact is that the council employers in Scoland can no longer hide behind North - and no longer have an excuse not to settle their outstanding equal pay claims from former APT&C workers.

Here's a previous post from the blog site which explains more of the background.  

Edinburgh News (21 March 2012)

As reported previously on the blog site, Edinburgh City Council has withdrawn its appeal over the Wilkinson case.

But only in connection with the Action 4 Equality Scotland clients - not all of the claimants.

My local contacts tell me that the City Council is not withdrawing its potential appeal to the Supreme Court - as far as the trade union backed claims are concerned.

Which may hold things up settlement of the union backed cases - for some time.

Apparently the reason for the council's decision is that the trade unions are caught up in a separate case - which is referred to as North v Dumfries & Galloway Council.

Now the North case is fast becoming notorious because it involves only a small number of claimants - all from Dumfries & Galloway of course - and all of whom are union members.

No Action 4 Equality Scotland clients are involved - and never have been thankfully.

The North case involves essentially the same legal point as Wilkinson - i.e whether or not former APT&C workers can compare their pay - to the pay of former male Manual workers.

In the Wilkinson case the answer to this question was an unequivocal YES - at the Employment Tribunal, Employment Appeal Tribunal and finally at the Court of Session.

Which led to Edinburgh City Council admitting defeat - and deciding to throw in the towel.

But the trade unions have lost the North case at every turn so far - for whatever reason - and the appeal in this case is not due to be heard in the UK Supreme Court until October 2012.

Quite why the trade unions are persevering with North is a mystery - especially when the Wilkinson case is so much more persuasive and powerful.

But the whole business appears to be queering the pitch - certainly in Edinburgh according to sources inside the the council - and possibly elsewhere as well.

My friends in the unions tell me that lots of ordinary members are completely confused - and increasingly hopping mad.