Court of Appeal (3)

The recent decision from the Court of Appeal - see post dated 3 and 4 August - continues to arouse a great deal of interest.

We've had lots of enquiries from people seeking clarification about the part of the judgment that deals with 'blue' and 'white' collar claims.

Essentially, some employers - and many in London- - have been trying to argue that equal pay claims are only valid if they restrict themselves to jobs within the same bargaining group - e.g. manual worker to manual worker.

Now this would be great news for the employers - if it were true - because female dominated jobs such as classroom assistants or clerical workers - would be prevented from comparing their earnings to those of traditional male jobs that are much better paid - e.g. refuse workers, gardeners and gravediggers.

So, despite the fact that these female jobs require more skill and carry greater responsibility - the employers were trying to get away with the bogus argument that the difference in pay is not caused by blatant pay discrimination - but by pure happenstance and the historical differences between 'blue' and 'white' collar bargaining groups.

But the good news is that the Court of Appeal has given this nonsense short shrift - and deservedly so - which means that many female dominated jobs on 'white' collar or APT&C pay scales - have just as valid claims as their colleagues in manual worker jobs.

For years, classroom assistants and skilled clerical workers have been paid much less than refuse workers, gardeners and gravediggers - and that's the reason why people have a claim for 6 years back pay + interest.

Action 4 Equality and Stefan Cross have said so from day one - it's been the employers and the trade unions who have been keeping 'white' collar or APT&C workers in the dark - and discouraged people from pursuing equal pay claims.

The Court of Appeal has made it clear that the employers and trade unions were wrong - so if you're in a 'white' collar or APT&C job, you may well have a substantial claim for back pay - we can tell you for sure with just one phone call.

Ring Action 4 Equality London on - 0845 300 3 800

Court of Appeal (2)

We've been getting lots of enquiries following the recent Court of Appeal decision - see post dated 2 August 2008 - from people asking for more information about 'protected earnings'.

Let's take a practical example to illustrate the significance of the court's judgment - and why so many Londoners now have a further claim.

In Council A, a refuse worker was being paid £9.00 and hour (including bonus) - prior to the introdcution of a new pay and grading system.

In that same council, a carer or a cook was being paid only £6.00 per hour - so she had an equal pay claim based on the difference between the two jobs - i.e. £3.00 per hour backdated for 6 years.

The introduction of a new pay and grading system means that the carer or cook's jobreceied a small increase in pay - let's assume to £7.00 per hour.

But what the council employers have done is to protect the pay of the refuse worker - at £9.00 per hour - so the male job is still being paid £2.00 per hour more than the female job - and for years into the future.

so, the significance of the Court of Appeal decision is that the carer and the cook (along with many other jobs) can now say:

"I want my job paid at the protected rate too!"

The new claim is for the difference in pay - in this particular case £2.00 an hour - for as long ast the pay gap continues.

A worked example would be: £2.00 (the pay gap) x 30 (hours worked per week) x 52 (weeks of the year) x 4 (the number of years that male jobs are protected) = £24,960 + interest. NB the length of the protection period varies from council to council.

Needless to say - the employers are not explaining this to the thousands of women workers who now have substantial new claims - nor are the trade unions because they're too busy planning more madcap strikes.

But Action 4 Equality London and Stefan Cross are prepared to act for you - and if you need help contact us on 0845 300 3 800 or drop Mark Irvine a note at: markirvine@compuserve.com

Women Win Landmark Equal Pay Case

The Court of Appeal delivered another landmark judgment last week - of huge significance to the thousands of outstanding equal pay claims currently before the UK Employment Tribunals.

In a lengthy and detailed judgment, the court decided firmly in favour of women claimants in two crucial areas.

Firstly, the court agreed that employers continue to discriminate against their women workers, if local pay protection is given to male bonus earners - but not their female colleagues.

What has happened in many councils is that - despite the introduction of new and supposedly fairer pay structures - the much higher pay of traditional male jobs has been protected - they continue to earn the same as before - so the big pay gap between male and female jobs continues for years into the future.

The Court of Appeal has ruled that such schemes are unlawful - because they continue the pay discrimination of the past - opening the door to more claims from thousands of of employees - even if they have already accepted and offer of settlement.

Secondly, the court agreed that different collective bargaining structures are not a barrier to female employees pursuing equal pay claims - by comparing pay and earnings across 'blue' and 'white' collar groups.

Again , the court's judgment is great news - because it means that female clerical workers or classroom assistants (to name but two examples) are able to compare their pay to that of traditionally much higher paid male refuse workers and gardeners.

The employers will now have to explain and defend these big differences in pay - they can't hide behind different pay bargaining arrangements as the reason for the pay gap (as opposed to blatant discrimination) - which many have been doing up until now.

So, the stance taken taken by Action 4 Equality and Stefan Cross has been vindicated by the Court of Appeal - while the employers and trade unions have been left with egg all over their faces - again!