The victimisation provision of the equality laws have recently been tested by a group of female catering staff employed by a local Council.
The catering staff brought a claim for equal pay against the Council. Of the original 510 claims, only 39 continued to a hearing with the others choosing to settle. Two months before the hearing, all catering staff employed by the Council (except the 39 continuing with their claim) received letters from the Council explaining that if the 39 claims continued then it would result in cuts in the services which could be provided (ie not all the children would have access to school means) and job cuts.
At the same time the 39 women received letters (delivered to their work place) informing them that substantial cuts in service and job cuts would follow if they continued with their claims.
The 39 women felt threatened at the thought that by continuing with their claim, their actions could cause colleagues to lose their jobs and the children would not have access to school meals. This resulted in the women bringing a claim for victimisation.
At the hearing the Tribunal agreed with the women that the letters sent by the Council were intimidating, threatening and designed to threat these women less favourably than the one who had settled and stop these women exercising their statutory rights. The Tribunal also commented on the fact that these letters were sent to the 39 women direct and not their legal advisors.
The Council appealed the decision of the Tribunal and the Employment Appeal Tribunal (EAT), despite the Council’s argument that less favourable treatment involved something more than just writing a letter, disagreed and upheld the decision of the Tribunal.
Despite two further appeals to the Court of Appeal and the House of Lords, the Council were not able to change the original decision of the Tribunal. The House of Lords did point out that things may not have been so bad for the Council had the letters to the 39 women been sent to their legal representatives and not them personally.
And the moral of this story for all employers is whenever any employee is exercising their statutory rights, think before you commit anything to paper and consider who it should be sent to.
It is recommended that you obtain more detailed advice before acting on any information given above and our employment lawyers will be pleased to help.
Contact David Southern
email dsouthern@marsdenrawsthorn.com
Telephone 01772 799600
