The Telegraph carries an article about a case from the English Court of Appeal concerning indirect sex discrimination. (The English Court of Appeal was hearing an appeal from a claim that originated in an employment tribunal in England).
Employment law is very largely identical in England and Scotland and this ruling will certainly be taken account of where similar circumstances arise before a Scottish employment tribunal.
Bonuses that were paid to the predominantly male gardeners & road workers were not paid to cleaners. Because cleaners are generally female the bonuses are, potentially, indirectly discriminatory.
The Court of Appeal are allowing the council involved a chance to present a legitimate justification for this potentially discriiminatory policy.
If the council can't justify the policy they will be liable to pay the cleaning staff compensation.
Indirect Sex Discrimination
The Telegraph carries an article about a case from the English Court of Appeal concerning indirect sex discrimination. (The English Court of Appeal was hearing an appeal from a claim that originated in an employment tribunal in England).
Employment law is very largely identical in England and Scotland and this ruling will certainly be taken account of where similar circumstances arise before a Scottish employment tribunal.
Bonuses that were paid to the predominantly male gardeners & road workers were not paid to cleaners. Because cleaners are generally female the bonuses are, potentially, indirectly discriminatory.
The Court of Appeal are allowing the council involved a chance to present a legitimate justification for this potentially discriiminatory policy.
If the council can't justify the policy they will be liable to pay the cleaning staff compensation.
http://www.telegraph.co.uk/news/newstopics/politics/lawandorder/7207398/Paying-more-to-gardeners-than-cleaners-is-sexist-Appeal-court-rules.html