City of Edinburgh Council v Wilkinson & Ors [2011] ScotCS CSIH_70 (15 November 2011)

City of Edinburgh Council v Wilkinson & Ors [2011] ScotCS CSIH_70 (15 November 2011)

The claimants and comparators were not employed at the same establishment, but common terms and conditions were observed for relevant classes of employees at different establishments, satisfying section 1(6) of the Equal Pay Act 1970. The Red Book collective agreement applied universally, and even if Green and Blue Book distinctions persisted, the legal test was met. The Council's appeal was refused.

Citation
[2011] ScotCS CSIH_70
Parties
Appellant/respondent: City of Edinburgh Council; Claimants/respondents: Christina Wilkinson and others; Claimants/respondents: Alison McLeod and others
Jurisdiction
Scotland
Judgment Date
15 November 2011
Procedural Posture
Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Appeal From Employment Appeal Tribunal to Inner House, Court of Session
Outcome
Appeal refused
Legal Topics
Equal Pay, Comparators in Equal Pay Claims, Interpretation of 'establishment', Collective Agreements, Application of EU Law in Domestic Equal Pay Claims
Employment Law Equality Law European Union Law Equal Pay Comparators in Equal Pay Claims Interpretation of 'establishment' Collective Agreements Application of EU Law in Domestic Equal Pay Claims

Case Brief

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Parties

City of Edinburgh Council

Appellant/respondent

Christina Wilkinson and others

Claimants/respondents

Alison McLeod and others

Claimants/respondents

Procedural Posture

Appeal Under Section 37(1) of the Employment Tribunals Act 1996 / Appeal From Employment Appeal Tribunal to Inner House, Court of Session

Legal Issues

  1. 1 Whether claimants and comparators were employed at the same establishment under section 1(6) of the Equal Pay Act 1970
  2. 2 Whether common terms and conditions of employment were observed for claimants and comparators at different establishments
  3. 3 Whether the Red Book collective agreement superseded previous agreements and established common terms

Ratio Decidendi

The claimants and comparators were not employed at the same establishment, but common terms and conditions were observed for relevant classes of employees at different establishments, satisfying section 1(6) of the Equal Pay Act 1970. The Red Book collective agreement applied universally, and even if Green and Blue Book distinctions persisted, the legal test was met. The Council's appeal was refused.

Court Disposition

Appeal refused

Orders

  • Appeal by the Council refused
  • Matter remitted to the Employment Appeal Tribunal to proceed as accords, including remit to Employment Tribunal to address merits of the claims