DERBYSHIRE V ST HELENS

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This equipment was donated by Thompsons solicitors
Women at Work 90 Years Since the Representation
of the People Act 1918 Wednesday 3rd December
2008
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DERBYSHIRE V ST HELENS

• IER Conference Women at Work
• Barry Smith
• GMB Legal Officer

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DERBYSHIRE V ST HELENS

• Equal Pay/Sex Discrimination Victimisation case
• 37 women GMB members employed by St Helens
  Borough Council as Catering Staff

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ST HELENS THE STORY

• 1998 500 women catering staff in St Helens make
  equal pay claims
• December 1999 Council makes offer majority
  accept
• 37 decide not to accept and with GMB support take
  their claims to ET, which they subsequently win
  in 2001

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19 JANUARY 2001

• St Helens had been in negotiations with GMB and
  Thompsons
• Equal Pay ET due March 2001
• St Helens wrote 2 letters
• A letter direct to each member
• A letter direct to all catering staff

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LETTER TO THE MEMBERS

• From a senior council official to each member
• Urges them to accept the original settlement
  offer
• Warns of the impact on the service and everyone
  employed in it

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LETTER TO ALL CATERING STAFF

• Warns that the continuing claims will have a
  severe impact on all staff if successful
• Warns that Catering Service could close, jobs
  lost, and children deprived of school dinners

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REACTION

• Distress caused to members
• Intimidation
• Members exposed to odium
• GMB submits victimisation claims in 2001

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VICTIMISATION LAW

• SDA 1975 section 4(1)
• A protected act
• A prohibition on treating an employee less
  favourably on grounds of having performed the
  protected act

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THE PREVIOUS CASE LAW

• Chief Constable of West Yorkshire Police v Khan
• House of Lords held in Khan that it was open to
  an employer faced with discrimination proceedings
  to take honest and reasonable steps to protect
  its position even if that leads to less
  favourable treatment
• Court of Appeal finds for the Council

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DERBYSHIRE V ST HELENS

• House of Lords backs the women
• CRE, DRC, EOC intervene in support
• A classic case of blaming the victims
• Effectively a threat
• Intimidating

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DERBYSHIRE LEGAL POINTS

• House of Lords distinguishes Khan
• No honest and reasonable defence in Equal Pay
  Act
• Look at the perspective of the victim not the
  purpose of the discrimination
• Means used in St Helens not acceptable

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LESSONS

• Fantastic victory for GMB women members working
  for a local council
• Resolute solidarity from GMB women members
• Employers beware!