Thursday 14 August 2008

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

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