City council defends approach to equal pay cases after union says local authority has spent more on legal fees than total cost of claims
A freedom of information request from UNISON has revealed that Derby City Council spent more than £1.5m between the start of 2019 and September 2022 in legal fees battling claims of unequal pay to staff members.
The UK’s biggest trade union, with more than 1.3 million members, calls these claims “indefensible” and wants the council to recognise their historic unequal pay and settle the claims.
UNISON argues that Derby has now spent more money defending the claims than its solicitors believe it would cost to settle them outright.
The claims concern around 150 current and former female workers, mostly in low paid roles, who claim they were paid less than men.
According to the union, most claims date from 2017 and 2018 while some go back as far as 2012.
Emma Roberts, the East Midlands regional organiser for UNISON, said that the claims come from a time where the council paid bonuses or other supplements to those in roles predominantly held by men.
She said: "For all the claimants I've met, they feel justice hasn't been done for them or their families. All those years they worked hard, they were underpaid and undervalued. For those that continue to work within the authority, it means they feel particularly undervalued and for those who have left, it's frustrating at the very least.
"The biggest thing for them is the amount of money being spent defending these, what we would say, are indefensible claims. The claimants want public money to be spent appropriately, but they just want what they are owed and what is fair."
Miss Roberts said that Derby had to provide a defence to the claims in 2019 but instead raised several "jurisdictional issues", such as whether the tribunal had the ability to resolve the dispute.
These were dismissed, and the council went on to say it had ‘justifiable reasons’ to make unequal payments, which it will need to present evidence of.
Becky Everett, UNISON Derby City branch secretary, said: "As a claimant myself, I can tell you how hard me and my colleagues worked to deliver front line public services while being paid less than men doing the same work. Claimants have died waiting for the council to pay them what they’re owed.”
A spokesperson for Derby City Council said: “We note the statement from UNISON in relation to this matter. The equal pay dispute has been a long running matter between the council and UNISON, with both parties represented by legal advisers.
“While the council remains committed to resolving the dispute, the matter remains the subject of ongoing legal proceedings in the Employment Tribunal and it would therefore be inappropriate for the council to make any further comment at the current time.”
If no settlement is reached before a full tribunal, it could take more than a year for the claims to be resolved. This depends on the amount of evidence that needs to be submitted, and other procedural issues.
Lottie Winson
