Equal Pay Negotiations by Unions on behalf of Local Authorities’ Employees

Some local authorities have been implementing single pay structures designed to correct historical pay inequalities. The new single pay structures have been created and implemented in negotiation with trade unions such as the GMB. However, in the case of Allen v GMB, an Employment Tribunal found the GMB had indirectly discriminated against female union members by recommending acceptance of a single status pay scheme that grossly underestimated the compensation which should be due to female equal pay claimants. The union’s objective in securing a fair single pay structure was legitimate; the means used meant that the union had not pursued proportionate means of achieving that pay deal. The union had misled their female back-pay claimants. The Employment Appeals Tribunal reversed the Employment Tribunal decision. However, the case went to the Court of Appeal who upheld the original Employment Tribunal decision. The House of Lords have now refused permission for the union to appeal. So the finding of indirect discrimination against female union members stands. Subject to time limit issues, more female local authority employees may now bring discrimination claims against their unions over the way single pay schemes have been negotiated. If you are concerned about equal pay issues, please contact Ashley Hunt on 0116 212 1000 now or complete one of the on-line forms.