Council must justify productivity bonus

The reason for a productivity bonus not being paid to a predominantly female work group (i.e. carers) - but being paid to predominantly male work groups (e.g. street cleaners) was not directly based on sex - since the bonus could not be applied to a carer’s work (e.g. a carer’s work did not involve a series of repetitive tasks which could be measured or counted): Gibson v Sheffield City Council [EAT/0303/08].

However, the Court of Appeal held that the bonus scheme indirectly discriminated against the carers on the grounds of their sex. The scheme put the Council’s female employees at a disadvantage when compared with male employees, and therefore, the Council had to justify the scheme: Gibson v Sheffield City Council [2010] EWCA Civ 63.

The case was remitted to the tribunal to provide the Council with an opportunity to justify the bonus scheme.