Jonathan Werran 30 November 2011

Birmingham loses equal pay fight

Claims from hundreds of thousands of low-paid female local government staff have been given fresh impetus after Birmingham council lost a landmark equal pay case.

Judging in favour of 174 former town hall cleaners, caterers and care staff, the Court of Appeal ruled the women had the right to pursue their combined £3m compensation claims in the High Court.

The workers’ legal fight was based on the failure to receive bonuses similar to those paid to workers in male-dominated jobs such as street cleaners, refuse collectors and road workers.

Birmingham council had contested a previous ruling made last December that the High Court, where cases can be brought a full six years after workers leave their posts, should have jurisdiction. Equal pay claims are usually heard in employment tribunals and must be lodged within a far-shorter six-month time limit.

Chris Benson, partner Leigh Day & Co, the law firm representing the women accused the council of using ‘legal technicalities’ to avoid payments owed and of ‘continuing to waste’ £500,000 of taxpayers money, were it to seek final appeal before the Supreme Court.

A Birmingham City Council spokesperson said: ‘We are disappointed by the judgement and are currently considering our next step, which could include an appeal.’

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