Glasgow City Council v Unison Claimants & Ors [2017] ScotCS CSIH_34 (30 May 2017)

Glasgow City Council v Unison Claimants & Ors [2017] ScotCS CSIH_34 (30 May 2017)

The exclusion of green-circled employees from pay protection following the job evaluation scheme was not objectively justified. The Employment Tribunal failed to address whether the exclusion was a proportionate means of achieving a legitimate aim, focusing instead on the justification for protecting red-circled employees. There was no evidence of cost or industrial relations impact to justify exclusion. The EAT was correct to find the ET erred in law. The appeal is refused.

Citation
[2017] ScotCS CSIH_34
Parties
Appellant: Glasgow City Council; First Respondents: Unison Claimants; Second Respondents: HBJ Claimants (formerly 'Fox Cross'); Third Respondents: GMB Claimants
Jurisdiction
Scotland
Judgment Date
30 May 2017
Procedural Posture
Appeal / Court of Session, Inner House (second Division)
Outcome
Appeal refused
Legal Topics
Equal Pay, Indirect Discrimination, Objective Justification, Pay Protection Schemes, Job Evaluation Schemes
Employment Law Equality Law Labour Law Equal Pay Indirect Discrimination Objective Justification Pay Protection Schemes Job Evaluation Schemes

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Parties

Glasgow City Council

Appellant

Unison Claimants

First Respondents

HBJ Claimants (formerly 'Fox Cross')

Second Respondents

GMB Claimants

Third Respondents

Procedural Posture

Appeal / Court of Session, Inner House (second Division)

Legal Issues

  1. 1 Whether exclusion of certain employees (green-circled) from pay protection scheme following job evaluation was objectively justified under equal pay law
  2. 2 Whether the Employment Tribunal erred in its assessment of legitimate aim and proportionality in justifying indirect sex discrimination

Ratio Decidendi

The exclusion of green-circled employees from pay protection following the job evaluation scheme was not objectively justified. The Employment Tribunal failed to address whether the exclusion was a proportionate means of achieving a legitimate aim, focusing instead on the justification for protecting red-circled employees. There was no evidence of cost or industrial relations impact to justify exclusion. The EAT was correct to find the ET erred in law. The appeal is refused.

Court Disposition

Appeal refused

Orders

  • The appeal by Glasgow City Council is refused.