Glasgow City Council v Unison claimants and others

Employment law – Equal pay – Pay protection provisions. Court of Session: Refusing a local authority's appeal in an action in which three groups of its employees challenged the provisions in a pay protection scheme and the Employment Appeal Tribunal (EAT) concluded that the Employment Tribunal (ET) had erred in law in finding that pay protection was brought in to fulfil a legitimate aim and was implemented in proportionate manner, the court held that by failing to address the fundamental question, ie whether the exclusion of the claimants was a reasonably necessary means of achieving the aims of the scheme, and focusing instead on whether affording payment protection to those in detriment could be justified, the ET fell into an error which vitiated its judgment on proportionality; the reasons it gave did not engage with the central question and the EAT was entitled to conclude that that was so.

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