Unfairly Paid Female Worker Awarded £305K in Historic Equal Pay Claim by a Northern Ireland Tribunal

In the landmark case of Shona Boyle v Caterpillar NI Ltd, an unfairly paid female worker has won more than £305,000. The Northern Ireland tribunal found that she’d been underpaid compared to three male comparators simply because of her sex. Join us as we delve into the events of the case and the tribunal’s judgment.

This case showcases the importance of gender pay equality. If you believe you’ve faced similar circumstances and had your rights breached, contact us today. Redmans Solicitors can discuss what’s happened and advise on your possible next steps.

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The Facts in Shona Boyle v Caterpillar NI Ltd

Background of the Unfairly Paid Female Worker

Shona Boyle (“The Claimant”) began working for Caterpillar NI Ltd (“The Respondent”) in January 2003 as a Graduate Electronic Engineer. At the time of her gender equality claim, she was a Program Specialist 1. This role entails overseeing team projects to guarantee timely completions, within budget, and according to scope.

During the hearing, the claimant stated that she had performed the same duties as her three male colleagues, her comparators, from 2010 until mid-2018. She explained that in late 2017, these comparators were assigned additional tasks, which she believed was an attempt to justify their higher grading and pay.

Despite this, she maintained that her work and assigned duties remained broadly similar to those of the three male comparators since 2019. Although there were subtle differences in their career paths, their day-to-day tasks remained the same.

When the unfairly paid female worker initially inquired about the difference in grading, she was told that Grade 23, her grade, comprised template-based work, while Grade 24, her comparators’ grade, involved working from a clean sheet.

A Job Evaluation is Raised

In 2017, the claimant raised a concern about her grade. She suggested that the respondent’s HR undertake a job evaluation to determine her correct grading. However, when she brought this to the respondent, she was told, “I wouldn’t do that if I were you”.

Dismissing this advice, the claimant pursued a job evaluation in November 2017, where she submitted evidence highlighting why her grading was incorrect. The evaluation was delayed, but on 29 January 2018, the claimant attended a meeting to discuss the outcome.

At this meeting, the claimant was presented with an Excel spreadsheet comparing her tasks with those of her colleagues. Unfortunately, her duties were compared with those of others in Grade 23 rather than Grade 24. The respondent stated that her work mirrored that of others in her grade and determined it to be correct.

Following the meeting, the unfairly paid female worker asked for clarity about the evaluation process and requested a copy of the decision. She believed the evaluation hadn’t been undertaken accurately, prompting the respondent to complete a second formal evaluation.

Unfairly Paid Female Worker Initiates Legal Proceedings

On 27 February, a second meeting took place, during which it was established that the original decision stood. The claimant wasn’t provided with clarity, nor was she given a copy detailing the process.

Consequently, the claimant initiated her gender pay equality claim in 2018. She argued that she performed work comparable to that of her three male colleagues and was paid less solely because of her sex.

The Tribunal’s Judgment

With the case focused on gender equality, the Northern Ireland tribunal was tasked with determining whether the claimant did complete work reflective of her comparators, with her sex being the only reason for her pay disparity.

The respondent argued that the claimant was paid less and graded lower due to four key factors. These were job activities, complexity of work, type of project, and the fact that the Grade 24 role included leadership responsibilities that the Grade 23 did not.

However, the unfairly paid female worker was able to show examples of how her work satisfied the Grade 24 criteria. What’s more, the tribunal identified that not all the comparators had assumed leadership responsibilities in their roles.

The tribunal then turned to the allegations that the comparators were assigned additional work to differentiate their roles from the claimant’s. While the tribunal understood that this could be done going forward to differentiate the grades, it couldn’t affect the evaluation completed in 2017.

Therefore, the tribunal ruled that the claimant had completed work like the three male comparators. They also held that her sex tainted the decision to pay her less. As a result, they gave her a £305,719.00 award for her equal pay claim.

This landmark case is potentially the largest individual pay equality claim in Northern Ireland’s history. The success of the unfairly paid female worker sets a precedent and will hopefully influence better pay equality going forward.

If you have any questions or have experienced something similar, contact Redmans Solicitors immediately. Our employment law specialists can discuss your case and navigate you through the legal process if you’re eligible.

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