Court ruling resolves issue over equal pay claims

08 April 2009



Women will be able to pursue claims for equal pay following a recent ruling at the court of appeal, according to Unison. It says that the cases of Hurst v Suffolk Mental Health Trust and Arnold and others v Sandwell metropolitan borough council argued that women should be entitled to pay equal to their male counterparts and praised the headway made in the cases.

The cases involved nurses, healthcare assistants, clerical and secretarial staff, caterers, care assistants and cleaners, with the court's decision showing "common sense", the union reveals. " These employers were simply trying to deliver a knockout blow to the women’s genuine equal pay claims by concocting this get-out clause," comments Bronwyn McKenna, Unison Director of Organising and Membership.

It is unlawful for employers to discriminate against men and women in terms of pay through the 1970 Equal Pay Act when they are doing work of equal value. Unison hopes this latest ruling will ensure this is universally practised.

Kathryn Fielder senior associate in the employment team comments: "The issue of whether it is necessary to identify a comparator in Equal pay claims has long been an issue. This case has clarified the position, namely that there is no need to either do this, nor in fact to state which limb of the Equal Pay Act the claimant seeks to rely on."

If you require legal advice, for either your private affairs or organisation, please contact the employment law team on 01753 279029 or email employmentlaw@bpcollins.co.uk.

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