Employment Appeal Tribunal delivers equal pay blow to Birmingham

Birmingham City Council has lost a key ruling in its ongoing equal pay litigation.

The Employment Appeal Tribunal this week allowed an appeal by 23 claimants who in their ET1s had misdescribed the jobs they were doing at the material times. There had, for example, been a large number of misdescriptions concerning the jobs of senior lunchtime supervisor, lunchtime supervisor and deputy lunchtime supervisor.

The Tribunal had refused the 23 claimants permission to amend the error, but the EAT has now given them the go-ahead.

“In the context of mass litigation it is inevitable that mistakes will occur in relation to job titles, particularly where the titles themselves are so multifarious and, often, only finely distinguished one from another,” the EAT said.

“Subject to the question of any prejudice caused to the council, or any specific points as to jurisdiction, we believe that a tribunal should be very ready to allow the correction of such mistakes.”

It added: “Litigation is not a game, and it is not worth the business of courts or tribunals to punish accidental error that has not created any real prejudice or risk to justice being done.”

The EAT rejected an appeal by the council against a decision that claimants employed in community schools for which Birmingham was the local education authority could compare themselves for the purposes of s.1(2) of the Equal Pay Act 1970 with other council employees.

It also dismissed an appeal by the council over technical faults in the grievance letters relied upon by some claimants. The EAT ruled that claimants who had purported to submit grievances under the modified procedure which failed properly to state the basis of their complaints were not debarred by s.32(2) of the Employment Act 2002 because the grievances fell within the terms of regulation 9 of the Employment Act 2002 (Dispute Resolution) Regulations 2004.

In a statement Birmingham City Council said: “We are disappointed with the outcome of the appeal, but will need to review the full details of the decision before deciding upon whether to pursue the matters any further.”

Dave Prentis, UNISON General Secretary, claimed that thousands of women were now one step closer to getting equal pay compensation.

He added: “It really is time for Birmingham City Council to drop the expensive legal challenges and settle these claims. Given the huge cuts hitting Birmingham, it is a disgrace that the council is frittering money away on these petty challenges. What’s more, these low paid women have waited long enough for pay justice.”