1. This equipment was donated by Thompsons solicitors
Women at Work: 90 Years Since the Representation of the People Act 1918
Wednesday 3rd December 2008

2. IER Conference “Women at Work” Barry Smith GMB Legal Officer
DERBYSHIRE V ST HELENS
IER Conference “Women at Work”
Barry Smith
GMB Legal Officer

3. DERBYSHIRE V ST HELENS Equal Pay/Sex Discrimination Victimisation case
37 women GMB members employed by St Helens Borough Council as Catering Staff

4. 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

5. 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

6. 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

7. 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

8. REACTION Distress caused to members Intimidation
Members exposed to “odium”
GMB submits victimisation claims in 2001

9. 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

10. 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 it’s position even if that leads to less favourable treatment
Court of Appeal finds for the Council

11. 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”

12. 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

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