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Dumfries and Galloway equal pay case ruling expected Dumfries and Galloway equal pay case victory
(about 9 hours later)
The Supreme Court is set to deliver a ruling on an equal pay case brought on behalf of female staff with Dumfries and Galloway Council. The local authority workers' union, Unison, has won an equal pay case at the Supreme Court.
The union Unison is pursuing the claim for workers including nursery nurses and classroom assistants. It was pursuing the claim for Dumfries and Galloway Council female staff including nursery nurses and support for learning and classroom assistants.
It says the case could affect hundreds of equal pay claims currently on hold across Scotland. It argued their terms and conditions should be in line with male manual workers like refuse collectors.
It claims the women should be treated the same as male staff with the same employer but at a different workplace. The Supreme Court found in their favour and referred the case back to an employment tribunal.
The union's case was rejected by the Court of Session but it has now taken an appeal to the Supreme Court. It will now decide if the women's work should considered equivalent to the men's.
Different rulebooks More than 200 equal pay claims were brought on behalf of classroom assistants, support for learning assistants and nursery nurses working at schools in Dumfries and Galloway.
A total of 244 equal pay claims were brought on behalf of classroom assistants, support for learning assistants and nursery nurses working at schools in Dumfries and Galloway.
They are seeking the same treatment as male manual workers such as leisure attendants, road workers, groundsmen, refuse drivers and collectors working at local depots and swimming pools.They are seeking the same treatment as male manual workers such as leisure attendants, road workers, groundsmen, refuse drivers and collectors working at local depots and swimming pools.
The female staff are employed on conditions set out in a what is known as the Blue Book while their male counterparts have a Green Book.The female staff are employed on conditions set out in a what is known as the Blue Book while their male counterparts have a Green Book.
The latter allows for bonus payments and pay supplements while the former does not.The latter allows for bonus payments and pay supplements while the former does not.
An employment tribunal allowed the claim to proceed but an Employment Appeal Tribunal (EAT) overturned that decision.An employment tribunal allowed the claim to proceed but an Employment Appeal Tribunal (EAT) overturned that decision.
It ruled there was no "real possibility" of the male workers doing their jobs in schools.It ruled there was no "real possibility" of the male workers doing their jobs in schools.
The Court of Session disagreed with that finding but still dismissed the appeal on the grounds that if the men were to be employed in schools their terms and conditions would not be "broadly similar" to their existing terms.The Court of Session disagreed with that finding but still dismissed the appeal on the grounds that if the men were to be employed in schools their terms and conditions would not be "broadly similar" to their existing terms.
The union has now taken the case to the Supreme Court for a final ruling. The union took the case to the Supreme Court which upheld its appeal.
Unison has described it as a "historic case" which could "finally guarantee women and men the right to claim equal treatment with anyone of the opposite sex who works for the same employer".