Two Women Working In Café In Belfast Win Equal Pay Claim

Two women working at a café in Belfast have won an equal pay claim.

Paulina Paczkowska and Agnieszka Anna Golygowska both worked as floor staff- cum-baristas in the Avoca Café. While they had been doing the same work as a male colleague since May 2013, the male colleague had always received a significantly higher rate of pay. By 2015, Paulina was earning £6.79 per hour and Agnieszka £6.98 per hour, while their male colleague was earning £8.46.

The women took grievances in 2015 against Avoca Handweavers (NI) Ltd with the support of the Equality Commission.

When the grievances were dismissed, they lodged claims with the Tribunal and their trade union, SIPTU, referred them to the Equality Commission for help.

Avoca conceded that it did not have a structured pay scheme within the business. The firm also admitted that the three employees were all doing like work and accepted that there was a disparity in pay between the man and the women but claimed that material factors other than the sex of the staff were the reason for the disparity.

The Tribunal ruled that the factors cited by Avoca could not explain the difference in the pay rates. The Tribunal stated: "There was not any evidence from 2013 onwards that there was a risk that [the male staff member] would leave or that the respondent was having difficulties retaining strong baristas or that the claimants were not competent baristas or that the respondent could not afford to pay the complainants a comparable rate of pay."

The Tribunal accordingly ruled that the two women had succeeded in their claim and are entitled to equal pay to that paid to their male colleague from May 2013.

Dr Evelyn Collins, Chief Executive of the Equality Commission, said: "The law governing equal pay can seem complex, but its essence is very simple –men and women doing equal work for the same employer should get the same reward for it. In this case, while the Avoca Café advanced a variety of different reasons for the disparity in pay, none stood up to analysis and the Tribunal was not satisfied that any of the reasons were genuine.

"The women concerned will benefit from the courage they have shown in challenging their treatment in this case. The company too, and all employers, can learn from this decision and others like it."

The amount of compensation to be paid to each of the women is to be calculated and, if not agreed between the parties, the case will return to the tribunal for a further hearing on a date yet to be arranged.