2017-02-17

By Gillian Crotty

Two female employees of a café in Belfast have successfully brought a claim for equal pay against their employers, with the employment tribunal ruling that there was no justifiable reason given as to why they should earn significantly less than their male colleague.

Paulina Paczkowska and Agnieszka Anna Golygowska were employed as staff/baristas at the Avoca Café in Belfast, and were paid an hourly rate of £6.79 and £6.98 respectively. Their male colleague was earning £8.46 per hour. The women lodged grievances with their employers in 2015 in respect of their unequal pay but these were dismissed. They then took their claims to the Tribunal and received assistance from the Equality Commission.

Avoca conceded that the employees were all doing the same work, and that they did not have a structured pay scheme. It told the tribunal that it felt it has operated in a "fair and proper way" as they considered there were material factors that explained the disparity in pay. The tribunal rejected the factors cited by Avoca, saying they did not explain the difference in the hourly rates paid to its female and male employees. Paulina and Agnieszka were successful in their claim and the tribunal ruled that they were entitled to equal pay dated back to May 2013.

Avoca has said it has accepted the ruling and will "rectify Paulina and Agnieszka's pay as quickly as possible", and apologised to them. Chief executive of the Equality Commission, Dr Evelyn Collins, said the case "highlighted the clear legal protection afforded by the law".

If you are an employer or employee in Northern Ireland requiring legal advice in respect of a discrimination claim, unfair dismissal claim or any other employment law matter, contact one of the employment solicitors at Wilson Nesbitt in Belfast or Bangor by clicking here.

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