Court of Appeal says women are free to pursue claims

Apr 8 2009

Around 7,000 women will be free to pursue their claims for equal pay following a ruling in the Court of Appeal today in the cases of Hurst v Suffolk Mental Health Trust and Arnold and others v Sandwell Metropolitan Borough Council.

The cases, which involve nurses, healthcare assistants, clerical and secretarial staff, caterers, care assistants and cleaners, were brought by UNISON, which argued that the women should not have to specify a male comparator when filing an equal pay grievance, while the employers had said otherwise.

UNISON director of organising and membership Bronwyn McKenna said:
"I am very pleased that common sense has prevailed in this case.

"These employers were simply trying to deliver a knockout blow to the women's genuine equal pay claims by concocting this get-out clause.



"It would seem glaringly obvious to all that it would be nearly impossible for women just starting their battle for equal pay, to name their male comparator.

"This is particularly true given that all the information is held ? and often closely guarded ? by the employers themselves. 


"It is now time for the Suffolk Mental Health Trust and Sandwell Borough Council to face up to their responsibilities as employers and ensure that they treat men and women fairly."

And Ms McKenna concluded: "The enormous cost of bringing this case will fall on taxpayers.

"I know that many people will be angry that money has been spent on costly legal action, instead of being spent taking care of patients and providing services to the local community."

And the union's chair of services to members Norma Stephenson also welcomed the court's decision, saying that it was "a victory for common sense. Hopefully we can go on from here and win what's fair for these women."

http://www.unison.org.uk