MORE than 200 York council workers could be set to take legal action against their bosses in a row over equal pay.

City of York Council has already spent nearly £2 million compensating 1,204 underpaid employees.

But a further 205 have refused to accept the council's offer, and now a national campaign group is helping to prepare them for a court battle that could cost the authority millions more.

Action4Equality say legal action may also be taken against Unison, for failing to represent their members properly.

They have teamed up with Stefan Cross solicitors in Newcastle, to represent affected employees.

The claimants are mostly - but not exclusively - women, who have long been paid less for jobs of a similar grading to more male-dominated ones.

Under the 1997 Single Status Agreement (SSA), councils agreed to end the historic discrimination, but Eileen Goodenough, of Action4Equality said: "City of York Council, like many other councils, did not implement the agreement.

"Women were not told about the discrimination and their entitlement to equal pay, or about the pay difference between them and their male comparators. The average difference between the pay of women and men on the same grade is around 40 per cent per hour."

She said that meant a "grade four" care assistant paid £6.22 an hour would not only earn less than a "grade four" gardener, on £8.69 an hour, but also less than a "grade one" gardener, on £8.11 an hour.

Under the SSA, underpaid employees are entitled to six years of back pay, which Ms Goodenough said could amount to £21,000 per full-time worker, with part-time workers claiming pro-rata.

But so far, the council has paid £1.6 million to 1,204 staff - an average of to just £1,329 each. Tax has taken the cost to the council to £2 million.

Ms Goodenough said after "ten years of silence" the council had offered compensation worth "a fraction" of what staff were due.

She said: "Many women employed by City of York Council feel that from not knowing anything about this, they were then hurried into accepting money from the council and signing to give up their equal pay claim which they now realise is much less than they are legally entitled to.

"They are now considering claims against their union.

"In addition, there are several hundred women who have not yet accepted the offer and who are instead considering litigation."

She added: "You could be talking about several millions more that they (the council) are due to pay out for the 205 who have not accepted, the hundreds who have been excluded, and also any other claims against the council."

Unison spokesperson Mary McGuire said: "We would defend vigorously and robustly and action against us.

"Paying equally pay is an employer's responsibility and fire should be directed at the employers."

A council spokesperson said: "The remaining staff who have been made an offer but have not yet accepted are being invited to a final event on March 15 in the Guildhall where they can collect their compensation if they decide to accept the council's offer."

In January, The Press reported that the council had increased its estimated equal pay bill from £1.59 million to £2.3 million.

Council forced to borrow to afford compensation

A SPOKESWOMAN for City of York Council said: "The council has been working closely with the national Advisory, Conciliation and Arbitration Service (Acas), in offering payment to those men and women who are affected by the equal pay legislation.

"In no way has anyone been hurried' into accepting compensation. Each individual has been offered independent advice and guidance on whether to accept the money, either by Acas, or their union representative.

"Approximately 200 people are still to decide whether to accept the offer - over 1,200 have already accepted. The council is running a further equal pay event on March 15, where those yet to accept the offer can receive the compensation if they wish to do so.

"The council only holds the minimum funds recommended by the Audit Commission in reserves. To afford the existing compensations, the council has been granted Government approval to borrow additional funds."

Council leader Steve Galloway said the authority was paying for "flawed" Government legislation.

He said: "Central government have not made additional resources available to offset the extra costs being faced by council taxpayers arising out of their mistakes.

"It is wrong, in my view, to assume that the pay for cleaners should be the same as for gardeners. They are different jobs.

"However, all gardeners of whatever gender should be paid the same. Ditto cleaners. The job evaluation process currently under way will allocate a fair pay grade to each job type."

Eileen Goodenough, of Action4Equality, said full-time workers could be entitled to £21,000 each.

With 205 outstanding cases, that means the council could - potentially - face a further bill of up to £4.3 million.

Asked how the council would fund any such payouts, Coun Galloway said: "Because this may end up at a tribunal I am not going to comment further.

"The so called "action for equality" group are really just no win no fee' lawyers. Sadly we now seem to live in a compensation-focused society."

He added: "Councils can't go bankrupt as such.

"They might, in extreme circumstances, be forced to cease to provide all non-statutory services."

Only handful of claims for North Yorkshire

NORTH Yorkshire County Council spokesperson Michael Sargood said it had just finished a job evaluation process, as a result of equal pay legislation.

He said the council had received only a handful of claims, which were going through the legal process. He said they had made no payments as yet. A spokesperson for East Riding of Yorkshire Council said: "The council has not made any compensatory payments, and has five equal pay claims pending (through GMB union).

"These are the first claims since a job evaluation took place in 1999."