Warning for employers involved in public sector tendering

Warning for employers involved in public sector tendering

We are reminded this week that employers who take part in public sector tendering are at risk of potentially business closing claims if they do not carry out proper due diligence, and this is particularly the case regarding Equal Pay.
 
In a Scottish case, women traffic wardens have won the right to equal pay with male traffic wardens, even though the women claimants in this case had been transferred via TUPE to a separate LLP. In effect, the comparitors used still worked for the local authority, and the women did not, they worked for a private partnership.
 
Employers need to be very careful when taking on outsourced work to ensure that those staff who transfer across do not have potential claims for equal pay that in some cases go back years, and can total £ millions.
 
This particular case can be read at the following link:
http://www.scotcourts.gov.uk/opinions/2014CSIH27.html

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