School Support Staff Are Winners
School Support Staff Win Equal Pay Appeal
South Tyneside Metropolitan Borough Council v Anderson:
[2007] EWCA Civ 654
CA
Weekly Law Reports Summary
28 June 2007
Published only recently
Court of Appeal refuses council appeal. School governors employed one lot of comparators, the local authority the others, but they could still be compared.
"Even if the comparators were employed at the schools, they would be employed on the same grade as the claimants, since any relevant appointment of school support staff by a school governing body, under regulation 11(1) of the School Staffing (England) Regulations 2003, would be under a contract of employment with the local authority, and, under regulation 15(3), the applicable grade would be that appropriate to local government employees, and it would be perverse for the governing body to select an inappropriate pay grade, and the claimants and comparators would, therefore, have had common terms and conditions of employment."