Sarah Bourke Represents Male Workers in Landmark Equal Pay Case

The EAT has today handed down its judgment in South Tyneside v McAvoy and others. The appeals arose out of circumstances where South Tyneside, Middlesbrough and Hartlepool Councils lost or settled equal pay claims brought by female cooks, cleaners and home care staff regarding the payment of bonuses to groups of predominantly male manual workers.

Male employees (some but not all of whom are also cooks, cleaners and home carers) brought equal pay claims against the council which were dependent upon the success of the claims brought by the women.

The Councils lost their GMF defences in each of these cases. The female claimants have received either awards from the Tribunal or offers of settlement. The male claimants however, have not. This has lead to a situation where, for example, male home carers have been working alongside female home carers who have been paid more than them for the same work.

The EAT (Underhill J) has decided that male colleagues of female equal pay claimants may bring contingent claims. The EAT also held that it is not premature for the male claims to be issued prior to the resolution of their female comparators' claims. Furthermore, contingent male claimants are entitled to claim arrears of pay for the full period in respect of which their female comparators have been awarded arrears.

It is believed that this decision affects approximately 12,000 cases which are currently stayed pending resolution of this issue. Given the importance of the issues raised by this appeal, permission has been granted for the Councils to appeal to the Court of Appeal.

Sarah Bourke (led by Robin Allen QC) is instructed by Stefan Cross on behalf of the male claimants.

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