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Date Mon 11 December 2006
Two unions challenge council on Equal Pay
UNISON and the GMB have stepped up the campaign for full pay equality
in Scotland by issuing judicial review proceedings against Falkirk
Council. The case has its first hearing today (Tuesday 12 December).
The unprecedented challenge strikes at the heart of local authority
management by challenging the legality of the council's decision
to sack staff and impose a discriminatory pay system.
After six years of talks on pay equality, Falkirk Council walked
away from pay negotiations in the late summer. Rather than work
to secure an agreement on pay equality, the council issued dismissal
letters to staff and offered alternative employment in jobs that
are due to start on Monday 18th December.
However, the unions are opposed to the new terms because they
preserve pay inequality between women and men. Bizarrely, the council's
plans actually introduce completely new forms of pay discrimination
through payments that will be available only to male dominated groups.
Peter Hunter, UNISON's Legal Officer said: "It is staggering that
after negotiating for six years, and paying out millions in compensation,
Falkirk Council still believe they can pay women less than men for
work of equal value. It is also scandalous that a public body in
Scotland, funded by tax payers, has the nerve to impose discrimination
on its staff by sacking, or threatening to sack, all the 4,000 workers
affected by these changes. This pay system will ensure that there
will be successful litigation against the council for years to come.
Litigation and compensation that will be financed by the tax payers
of Falkirk.”
Employees have the option of equal pay claims and unfair dismissal
claims, but the unions have elected to pursue an unprecedented legal
action of judicial review. Under the Local Government (Scotland)
Act 2003, all councils have a statutory duty to encourage pay equality
and to comply with the Equal Pay Act. The unions argue that the
decision to sack staff and impose this unlawful pay system is therefore
illegal. This question will be addressed by the Court of Session
in the first half of 2007.
"The judicial review route is very important for employees”, said
Peter Hunter. "In our experience, ordinary equal pay claims can
take up to 10 years to resolve by which time many workers are retired
or even dead. Local authority workers have lived with pay inequality
long enough and this court action will enable us to stop discrimination
in its tracks where a council is acting in breach of duty. Given
the mess and cost of pay discrimination, there is a very strong
public interest in the success of this claim. For workers and tax
payers it is vital that justice is done, that it is seen to be done,
and that it is done promptly.”
The UNISON/GMB claim also includes a request for an interim order
suspending the dismissals. Similar to an interim interdict, this
order would prevent all dismissals. However, the judicial review
will proceed in the new year regardless of whether the dismissals
are prevented.
ENDS
For Further Information Please Contact: Peter Hunter (Legal
Officer) 07903 814 118 (m) Chris Bartter (Communications Officer)
0771 558 3729(m)
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