£1 billion and 35,000 claims at stake as equal pay case begins

Published on Monday 16 March 2009 20:58

SEVEN women launched a legal test case yesterday that could pave the way for thousands of similar cases costing Scottish councils hundreds of millions of pounds in compensation.

The women – cleaners, caterers, crossing patrol staff and carers – have taken Glasgow City Council to an employment tribunal claiming they were paid less than men doing equivalent jobs.

Their equal pay case is the first involving a council to go before a full employment tribunal in Scotland. There have been several in England, but this is the first north of the Border.

If the women win the case, they could pave the way for similar settlements in thousands of other cases across the country. A total of 35,000 equal pay cases have been lodged with tribunals in Scotland.

Some estimates suggest the compensation bill will eventually hit 1 billion in Scotland alone. One legal expert said last night that it could be "hugely significant", whichever way the verdict goes.

If the council wins, the result will be celebrated by council managers all over the country and regarded as a significant brake on the thousands of pending cases which have been lodged with tribunals all over Scotland.

However, if the women win, then councils will come under intense pressure to settle any similar cases rather than going to tribunals.

A spokesman for Glasgow City Council said it would be inappropriate to comment during an ongoing tribunal, and a spokesman for Cosla, the umbrella organisation for Scotland's councils, said it was up to individual councils to comment on cases.

However, Russell Bradley, a partner in the employment team at DLA Piper, said: "I think this will be regarded as a major step in the determination of analogous cases, whoever wins."

Mr Bradley said the losing side may well decide to appeal the decision so, even if the case is decided in two weeks, as expected, it might take another year or more to get a final determination.

In Glasgow yesterday, retired cleaning manager Mary Reck, cleaner Josephine Adams, special needs driver Diane Galt, school crossing patrol operative Elizabeth Watson, cleaning supervisor Lily Carson, home carer Carol Farrell and catering assistant Grace Fowler, launched their case, seeking back payments in wages for the pay differential with male comparators dating back several years, in some cases with a difference of up to 50 per cent.

The pay differences came from a bonus system.

Glasgow City Council is expected to argue the pay difference is because of a genuine material factor other than gender.

If successful, the women can be awarded compensation for the pay shortfall dating back five years from the date they complained.