Men win landmark equal pay claim

Councils will have to review their pay structures after a landmark equal pay discrimination ruling in a claim brought by men against higher paid male colleagues.

In McAvoy and Ors v Llewellyn and Ors the Employment Appeal Tribunal held that 300 men working in jobs such as care assistants, caretakers and leisure attendants were entitled to the same pay as men in better paid jobs such as gardeners and refuse collectors, who received bonuses.
The men lodged their equal pay claim at the same time as a group of women. The women were successful but the men were not. However, the Employment Appeal Tribunal has now redressed the balance, in a decision that opens the gates to about 12,000 similar claims by men.

Barrister Yvette Genn, from Cloisters, says: “This is an important decision as it demonstrates that equal pay laws can be applied not only by women who compare themselves with men, but also by men who are comparing themselves with better paid men. There is no doubt that many of the similar 12,000 cases in the system will now proceed and are likely to be successful.
“First the Employment Tribunal and now the Employment Appeal Tribunal has made it clear that the position adopted by South Tyneside Council is simply unacceptable. Councils up and down the country will now have to undertake a pay review following this decision. ”