Skills Development Scotland workers win equal pay case

Two female Skills Development Scotland (SDS) employees have won their equal pay Employment Tribunal case. 

Mairi Buchanan and Pat Holland, both employed at Skills Development Scotland as Customer Services Managers, have been paid approximately £10,000 a year less than their male colleague, also a Customer Services Manager, for 8 years.

Mairi Buchanan and Pat Holland have worked for ‘Careers Scotland’ since 2002 when they were TUPE transferred to Scottish Enterprise and, after interview, appointed to new posts along with their male colleague. Their colleague had transferred with a higher starting salary and this, along with ongoing pay rises resulted in him being paid £10,000 more than Ms Buchanan and Ms Holland for  work of equal value. The pay gap continued when they were TUPE transferred a second time into Skills Development Scotland.

The Employment Tribunal found that, while Scottish Enterprise was obliged under TUPE to honour early pay increases for the male employee, they were not similarly obliged to continue to increase his salary, and by doing so, were increasing the pay gap between himself and Ms’ Buchanan and Holland.  They also found discrepancies in performance-related pay bonuses.

The Tribunal stated that Ms Buchanan and Ms Holland’s contracts should now include equality clauses, and they are entitled to pay and benefits equal to that of their male colleague.  An award has still to be decided.