By Tash Shifrin
Trade union Unison has won two public sector equal pay cases in the Court of Appeal, with implications for thousands of low-paid women.
Trade union Unison has won two public sector equal pay cases in the Court of Appeal, with implications for thousands of low-paid women.But its solicitor has called for changes to the forthcoming Equality Bill to reduce the need for lengthy legal cases over equal pay.
The court ruled against Cumbria County Council in a long-running case involving women working as carers, cleaners and kitchen staff. It rejected the employer’s argument that women who had been required to sign new contracts to take in minor employment changes were ‘new employees’ and so not entitled to full back pay on their claims.
In a separate case, the court ruled that 7,000 women could pursue equal pay claims brought against Suffolk Mental Health Trust and Sandwell Metropolitan Borough Council.
The women will be allowed to pursue their cases without specifying male comparators. Unison argues that it can be ‘nearly impossible’ for women to name male comparators, especially as staff pay details are held by employers.
Unison solicitor Bronwyn McKenna told Public Finance: ‘I think there’s a theme coming through from both these decisions… that technical and artificial defences shouldn’t be used to bar equal pay claims.’
But she said the union was ‘deeply concerned’ that the Equality Bill, expected within weeks, would ‘miss the opportunity’ to crack down on pay inequality.
Unison wants the Bill to include a requirement for employers to carry out pay audits to identify anomalies between men’s and women’s pay — a move ruled out by the government last year.
A spokeswoman for the Government Equalities Office said it was too early to confirm what would be in the Bill, but added: ‘We’ve been looking at a range of other measures on equal pay.’
A legal challenge to the NHS’s Agenda for Change pay system was also thrown out this week. Newcastle Employment Tribunal ruled that it was not discriminatory.
