Important equal pay claim looming
Equal pay is one of the most difficult areas for lawyers to advise clients on, whether employers or employees. Statistics clearly show that in macro terms, men still get paid more than women, but it can be difficult in many cases to prove any disparity is not due to differences in work and such like.
An important case which has now reached the Supreme Court and is due to be heard next month may provide some clearer guidance in this area.
The case concerns dinner ladies employed by Sheffield City Council, who, as things stand, based on a court of Appeal ruling, have proved they are being indirectly discriminated against. What is interesting and important about this case is that due to the nature of their job, their chosen “comparators” to claim pay discrimination has had to be men who do not undertake the same work as them, but are at a similar employment strata. Consequently, the outcome of this case is likely to impact on workers where more specialist roles tend to be undertaken almost exclusively by separate groups of men or women. The argument is essentially whether statistics for pay in this case and almost disregarding certain factors such as performance pay, which more readily lend themselves to certain roles, should be the approach, in which case many women will benefit. Most cases tend to relate to Local authority and NHS workers.
It will be interesting to see what the outcome is, we will keep readers updated.
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