Lords to hear pay appeal

10th July 1998 at 01:00
The claim by special school instructors for equal pay with teachers, which could cost councils millions of pounds, is to go to the House of Lords after leave of appeal was granted, Rod McKenzie of Glasgow solicitors Harper Macleod has confirmed.

The firm is representing eight special school instructors employed by the former Strathclyde Region who will be asking the Lords to overturn the decision of the Court of Session which rejected a parity claim brought under the Equal Pay Act. An industrial tribunal had earlier backed their case, and this decision was upheld by the Employment Appeal Tribunal.

A total of 145 instructors stand to win nearly Pounds 5 million in back pay from the 12 local authorities which took over from the regional council. They argue that they do the same job as teachers, which the education authorities do not dispute, and that the failure to pay them equally amounts to sex discrimination.

The authorities dispute the charge of discrimination, arguing that the pay differentials are simply the outcome of different negotiating mechanisms in which teachers are bound by a statutory framework whereas the pay of other local authority staff is not. Teachers also have higher qualifications and longer training, the councils point out.

The instructors belong to the Educational Institute of Scotland and to Unison but both have refused to back them and they have raised Pounds 18,000 to take their case to the Lords. Harper Macleod is providing some financial backing and lawyers are working on a no win, no fee basis.

Subscribe to get access to the content on this page.

If you are already a Tes/ Tes Scotland subscriber please log in with your username or email address to get full access to our back issues, CPD library and membership plus page.

Not a subscriber? Find out more about our subscription offers.
Subscribe now
Existing subscriber?
Enter subscription number

Comments

The guide by your side – ensuring you are always up to date with the latest in education.

Get Tes magazine online and delivered to your door. Stay up to date with the latest research, teacher innovation and insight, plus classroom tips and techniques with a Tes magazine subscription.
With a Tes magazine subscription you get exclusive access to our CPD library. Including our New Teachers’ special for NQTS, Ed Tech, How to Get a Job, Trip Planner, Ed Biz Special and all Tes back issues.

Subscribe now