UK women win equal pay fight in 'landmark' ruling
A landmark ruling by the UK Supreme Court means thousands of women
could now get compensation after being paid less than their male
colleagues to do the same job.Scores of women who worked for Birmingham
City Council won a Supreme Court equal pay compensation fight last week
which could allow thousands of workers to bring claims over equal pay
dating back six years, rather than six months. Lawyers described the
ruling by leading judges on equal pay compensation claims by women who
worked at the local authority as "historic", which would have "huge
implications".
In a statement, law firm Leigh Day and Co said the judgement
"effectively extends the time limit for equal pay claims from six months
to six years, the biggest change to Equal Pay legislation since it was
introduced in 1970, with huge implications for thousands of workers".The
case centres on whether claims for equal pay are allowed to go through
civil courts, rather than employment tribunals.
At present, workers are only allowed to use tribunals and make the
claim within six months of leaving their jobs. If they are able to use
civil courts, they can bring a claim dating back six years.
Solicitors say the Supreme Court judgement is a "landmark" and the
most "radical reform" since equal pay legislation was introduced in
1970.
The Supreme Court decision which was announced at a hearing in London
follows rulings in the High Court and the Court of Appeal. The Court of
Appeal said scores of cooks, cleaners, catering and care staff
previously employed by Birmingham City Council were entitled to launch
pay equality compensation claims in the High Court.The city council
challenged that decision in the Supreme Court, the highest court in the
UK and was to learn whether its appeal has succeeded.
Leigh Day, which represents women trying to launch compensation
claims, said the Supreme Court decision could affect "thousands of
potential claimants".
Before the ruling, a spokesman said: "The Supreme Court will give a
landmark judgement ... which could represent the most radical reform to
Equal Pay since the original legislation was introduced in 1970 and will
have huge implications for thousands of workers."
"If the council is unsuccessful and the Supreme Court were to uphold
the decision of the Court of Appeal, it would make it possible for
thousands of workers to bring claims against their employers outside of
the current time limitation period of six months in the Employment
Tribunal." Under the case, judges heard that more than 170 women were
among female workers denied bonuses similar to those handed out to
employees in traditionally male-dominated jobs such as refuse
collectors, street cleaners, road workers and grave diggers.
The court was told that, in 2007 and 2008, tens of thousands of
pounds were paid to female council employees to compensate them.
More payments had also been made to women who took cases to an
employment tribunal. But only workers still employed or who had recently
left were eligible to make claims in a tribunal.
Those who had left earlier were caught by a six-month deadline for
launching claims. To get around the deadline, 174 women had started
actions for damages in the High Court, which has a six-year deadline for
launching claims.
The city council had attempted to have those claims struck out,
arguing that under equal pay legislation such claims could only be
entertained by an employment tribunal.
Leigh Day said the council had lost in the High Court and the Court
of Appeal.
Lawyers said they were disappointed that leaders chose to appeal to
the Supreme Court rather than negotiate. Earlier this year, company
bosses who lose an employment tribunal claim over equal pay must review
the wages of all staff by conducting pay audits, the Government said.
- The Telegraph
|