Fife Council Equal Pay — Landmark Victory

The Challenge: Seven Years of Disputed Claims

Fife Council employed large numbers of female workers in care, cleaning and catering roles who were paid significantly less than male workers in comparable roles. Dallas McMillan solicitors lodged equal pay claims on behalf of these workers in 2016 under the Equality Act 2010. Fife Council disputed the claims in full throughout, leading to a four-week Employment Tribunal hearing.

The Process: How the Claims Were Brought

Scottish Claims Helpline identified and referred eligible Fife Council workers — current employees in affected roles — to Dallas McMillan solicitors for assessment and registration. Our role was to ensure workers were aware of their rights and supported through the registration process.

The Outcome: The Landmark 2023 Ruling

In July 2023, the Employment Tribunal found in favour of the claimants in what was described as a landmark decision. David Hutchison, Dallas McMillan’s Head of Employment Law and a Law Society of Scotland accredited specialist in employment law, stated: the council had disputed the claims for seven years, and the Tribunal judgment represented a significant step towards the claimants winning their fight for equal pay.

The judgment confirmed that the female workers’ roles were of equal value to the male comparator roles, and that Fife Council’s Job Evaluation Scheme had been implemented in a way that was unfair to female workers. The Tribunal found the council’s documentary record “somewhat unsatisfactory” and the evidence of witnesses attempting to defend evaluation decisions made 10-15 years earlier was insufficient to rebut the claimants’ evidence.

The Multi-Million Pound Settlement

Separately, Dallas McMillan settled a multi-million pound equal pay action covering over 800 individual claimants. This was one of the largest equal pay settlements handled by the firm.

Timeline

• 2016
  Dallas McMillan lodges equal pay claims against Fife Council under the Equality Act 2010 on behalf of female workers in care, cleaning and catering roles. The council disputes the claims in full.
• 2016–2023
  Seven years of litigation. Scottish Claims Helpline identifies and refers eligible Fife Council employees for registration with Dallas McMillan.
• 2023
  A four-week Employment Tribunal hearing. On 13 July 2023 the Tribunal finds for the claimants, holding that their roles were of equal value to the male comparators and that the council’s job evaluation scheme had been applied unfairly.
• 2023 onwards
  Dallas McMillan reopens the Fife Council claim to new clients following the judgment. Separately, the firm settles a multi-million pound equal pay action covering over 800 claimants.
• December 2026
  Fife Council’s appeal against the Tribunal judgment is due to be heard. Current employees in affected roles are urged to register before the appeal.

Are Fife Council Claims Still Open?

Following the 2023 Employment Tribunal victory, Dallas McMillan reopened the Fife Council claim to new clients. If you are a current Fife Council employee who has not yet registered, you may still be eligible to claim.