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Tens of thousands of women working for local councils and health authorities won the right to higher wages today following a landmark Court of Appeal ruling on equal pay laws.
The decision will allow thousands of female workers to bring employment tribunal claims demanding compensation for being treated less favourably than male workers doing the same or similar jobs.
The claims are likely to focus on local authorities and NHS trusts but the three judges who heard the cases said the effect of the ruling extended beyond the public sector. Lord Justice Mummery, the lead judge in today’s case, said the sums involved could be “very large indeed”.
The cases concerned two separate groups of female workers — among them cleaners and school crossing patrol staff — employed by two councils in the North East.
The legal arguments focused on a scheme introduced in the 1990s to iron out historic pay differences between male and female workers. Although the scheme largely did this, male workers, who were facing a drop in pay as a result, were given an extra layer of pay protection to top up their earnings for the next several years.
Lawyers for the women workers successfully argued that this scheme illegally perpetuated earlier pay inequalities.
Robin Allen, QC, representing the women workers, told the court that his clients “did not oppose the introduction of pay protection but rather their exclusion from it”.
After the ruling , Rachel Crasnow, a barrister at Cloisters’ chambers, said: “The ruling, that discriminatory pay protection is unlawful, could pave the way for thousands of new equal pay claims against local authorities and the NHS.
“This would be in addition to the thousands of equal pay claims, which are already in the system,” she said.
The number of equal pay claims lodged at employment tribunals has spiralled in the last year, largely driven by cases brought by women working in local government. Recent figures from the tribunals service showed the number of claims soared 155 per cent to hit 44,000 over the past year.
Adam Fuge, an employment partner at Matthew Arnold & Baldwin, said: "In addition to providing a major headache for local authorities and the NHS, this ruling also raises serious questions about how the employment tribunal system will cope with the avalanche of new equal pay claims we can now expect.
"The tribunal system is already clogged up and while the government is hoping that the new Employment Bill will help reduce tribunal claims overall, these changes are unlikely to assist in settling equal claims without recourse to tribunals."
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Paying for pay inequality can be straightforward too; reduce inflated management salaries so you can pay low paid employees more.
Jennifer, London,
The legal issues in these claims are relatively straight forward. People who do work of equal value to their employer should be paid the same. Job evaluation experts have already assesed the jobs and shown which are equal to each other. The real issue is how pay inequality is to be paid for
Mark, Liverpool, UK
Best go back to the days of Maggie Thatcher who rightly talked about the world being unequal, and being better for it. She may have been the first woman PM but she thought of herself as being the first scientist to be become PM.
Terry Owings, Auckland, New Zealand
If I am paid less than one of my female colleagues, can I do the same, or is this another Harperson 'equality' rule?
Paul, Coventry,
Here we go again, the concept of ' comparable worth '. Once again the Utopians are going to square the circle. How many ' studies' have shown that it is impossible, except in indivdual cases to get comparable wealth. Social workers and lawyers and socialists, is there a difference, benefit.
Desmond Taylor, Houston, USA TX