logo-education
0370 270 6000

already registered?

Please sign in with your existing account details.

need to register?

Register to access exclusive content, sign up to receive our updates and personalise your experience on brownejacobson.com.

Privacy statement - Terms and conditions

Forgotten your password?

Teaching assistants’ success in equal pay claims

28 June 2013

Female workers in schools can compare themselves to local authority grounds men, refuse workers and leisure attendants when bringing an equal pay claim, following a landmark decision by the Supreme Court.

The case turned on whether the workers could be held to be ‘in the same employment’, despite being employed on different terms and conditions at different establishments. The court found that the correct test was whether the comparators would still be employed on broadly similar terms if they worked in schools, and that there was sufficient evidence to succeed on that basis.

As a result, over 250 female classroom assistants, support for learning assistants and nursery nurses could be entitled to backdated bonuses; “an estimated £12 million in lost pay” according to UNISON, which represented the female workers. The judgment will undoubtedly have a significant impact on the near 50,000 equal pay claims which are currently outstanding.

Related opinions

Does the move into Step 4 mean the ending of Covid-19 restrictions within schools?

With the Prime Ministers announcement that he intends for Step 4 to begin on 19 July, this will also bring an end to the restrictions currently in place on education settings.

View blog

Advocacy in Action: Female Genital Mutilation Protection Orders (FGMPO)

The issue of Female Genital Mutilation Protection Orders and the importance of education providers to act promptly.

View blog

Responsibilities towards students identifying as non-binary

Our top tips for supporting transgender and non-binary pupils.

View blog

Schools face scrutiny over Covid-19 vaccinations for children

On 4 June, the Medicines and Healthcare products Regulatory Agency (MHRA) approved the use of the Pfizer/BioNTech Covid-19 vaccine for 12- to 15-year-olds.

View blog

Mailing list sign up

Select which mailings you would like to receive from us.

Sign up