Carers win equal pay appeal
Tuesday, 16th February 2010
Female carers in Sheffield who have been earning up to 38% less than their male counterparts for decades are set for compensation after the Court of Appeal ruled in their favour.
The court found that a council bonus scheme, introduced in the 1960s, worked heavily in favour of traditional male roles, such as bin men, compared to the more stereotypical female professions, such as carers.
Described by Lord Justice Pill as “tainted by sexism”, the bonus scheme’s repercussions mean that a number of former and current female staff, including supervisory assistants, day service assistants and home support workers, will soon be compensated.
A 2008 employment tribunal cleared the council of discrimination and threw out equal pay claims, arguing that “men’s work can be measured to provide a benchmark for productivity and the women’s work cannot”.
Sheffield City Council claimed that the scheme had nothing to do with gender. But the Court of Appeal has overturned the ruling, stating that female council workers have been victims of “indirect” sex discrimination.
“The effect of the productivity bonus …. is discriminatory. A sexual taint is present,” ruled Lord Justice Pill.
Public-sector union Unison said the decision would open the door for around 2,000 female workers from Sheffield to claim, creating a potential bill estimated at £20m.
Unison spokeswoman, Bronwyn McKenna, said: "Sheffield City Council accepted long ago that the women and men cited in this case had been doing jobs of equal value.
"The Court of Appeal has recognised that these women were discriminated against not on the basis of their work, but because of their gender."
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