By Jamie Hailstone Unions could have to pay out millions in compensation over equal pay for council workers, following a landmark ruling last week. A group of 100 Middlesbrough Council workers won a sex discrimination case, after a tribunal ruled the GMB union had poorly represented them in a dispute over equal pay. The case is the first in a series of legal actions which will target all the major public sector unions, including Unison and the TGWU. The tribunal said the GMB had advised the workers to settle for a deal instead of taking legal action, which could have got them more money. The union could now have to pay out £1m in compensation to the workers, although it is expected to appeal against the decision. Its national officer, Brian Strutton, said: ‘The GMB does not believe the court has got it right, and we intend to appeal. ‘The union has always been at the forefront of equal pay issues and is adamant that we have not discriminated against our members in Middlesbrough. ‘The tribunal seems to have based its view on the grounds that unions shouldn’t negotiate, but should always go to court. ‘That might be all right for lawyers, but it is not in the real world of UK industrial relations.’ The case is another victory for solicitor Stefan Cross, who has been involved in other cases against councils in the north of England and Scotland. Mr Cross said he was ‘delighted’ with the tribunal’s verdict and added: ‘It’s a vindication of everything we’ve been saying for the last three years.’ He said in the case of the GMB’s equal pay negotiations in Middlesbrough, ‘the union just accepted the council’s arguments hook, line and sinker’. ‘It’s incredibly important and potentially wide-ranging because the tribunal decided the negotiating position adopted by the union was indirectly discriminating,’ he added. ‘It means unions can either stick their heads in the sand or review their negotiating strategies.’ Mr Cross represented 3,000 workers who won a tribunal against Cumbria CC in April over equal pay. The council now faces a payout of around £50m. A spokesman for Unison said the Middlesbrough ruling was ‘perverse’ and it expected the decision to be overturned on appeal. j.hailstone@hgluk.com
