Media coverage has a real impact on individual people’s lives.  Fair and balanced reporting about issues concerning Gypsy Travellers can help to foster greater understanding and better relations between and within communities and encourage action to address the issues that impact on both Gypsy Travellers and the settled community.

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Welcoming the win, Mairi Buchanan said:

'I am delighted that we have finally resolved this case. To finally gain some parity is a huge relief, but we are all too aware that there are still thousands of women in a similar position.  We are very grateful for the support of the Equality and Human Rights Commission, who have fought our case throughout, and feel like at last a huge weight has been lifted.'

Pat Holland said,

‘Mairi and I are relieved and delighted that the case is resolved.  It has brought with it a lot of stress and it has taken a long time, but it just shows that things don’t and won’t change if we don’t stand up and do something about them.  I feel elated, not for financial reasons, but because of the feeling, at last, of being valued and recognised.   

Kaliani Lyle, Scotland Commissioner, Equality & Human Rights Commission said:

'We’ve just marked 40 years since the implementation of the Equal Pay act but clearly, and despite legislation aimed at tackling our persistent pay gap, people are still being treated unfairly at work because of their gender. We hope that by supporting this case we are able to highlight to employers that this is unacceptable. The Commission believes that employers must develop ways to measure and report on their gender pay gap, by adopting transparent pay policies and more flexible approaches to work. The Commission will provide whatever assistance it can to help businesses measure and address pay gaps. However, we have made it clear that when the voluntary approach fails, we will use our enforcement powers to address any persistent and significant problems.'

-Ends-

For press enquiries contact the Equality and Human Rights Commission Scotland : Deborah Cowan on 0141 228 5938, Colin Macfarlane on 07970 541 369  or Ally Thomson on 07970787234

Notes to Editors 

• Mairi Buchanan, Pat Holland and a spokesperson for the Commission in Scotland are available for interview.  To arrange an interview please contact the Commission, details above.  
• Scottish Enterprise carried out a pay audit which highlighted that senior management posts were predominantly filled by men and that men were at the top of more senior salary scales.  4 men were identified (including the comparator) who had protected salaries. These were classified as “outlying salaries” and were removed from the pay audit before the difference in pay was calculated, with the effect that the female average pay compared to male rose from 95% to 100%. Scottish Enterprise took no action as a result of the audit.
• Discrimination in employment on grounds of pay is regulated by the Equal Pay Act (1970)
• The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.
• The Equality and Human Rights Commission is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.
• The Equality and Human Rights Commission will enforce equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourage compliance with the Human Rights Act. It will also give advice and guidance to businesses, the voluntary and public sectors, and to individuals.

40 years since the Equal Pay Act and Scotland’s women are still paid less than men
28 May 2010
On the 40th anniversary of the Equal Pay Act, the Equality and Human Rights Commission has told businesses that they need to be proactive and take action to close the pay gap between men and women in their organisations.

Polish students awarded £25,000 in discrimination and unfair dismissal case against fruit picking farm
05 April 2010
Two Polish workers have been awarded a total of £25,000 in an employment tribunal case against a Perthshire fruit picking company. The tribunal found against David Leslie Fruits on the grounds of race discrimination, dismissal for asserting a statutory right and unlawful deductions from wages.

Commission in Scotland welcomes new hate crime laws
24 March 2010
The Commission in Scotland has welcomed new laws coming into force across Scotland today that will directly address how Scotland’s courts deal with the perpetrators of hate crime.  However the Commission has warned that until further action is taken to address the behaviour and rehabilitation of hate crime offenders, we will still have a long way to go before we can call a halt to the harassment and harm that continues to blight the lives of many Scots.

Commission launches major new Inquiry into Human Trafficking in Scotland: Baroness Helena Kennedy QC to lead
9 February 2010
The Equality and Human Rights Commission Scotland will today launch an in-depth Inquiry into human trafficking in Scotland with a particular focus on commercial sexual exploitation.

Landmark agreement for the Independent Living Movement and all disabled people in Scotland
8 December 2009
Today sees the Scottish Government, COSLA and the Convenor of the Independent Living in Scotland Steering Group, Jim Elder Woodward, jointly sign up to a shared vision for independent living in Scotland, at Victoria Quay in Edinburgh. 

Commission to hold Inquiry into harassment of disabled people
3 December 2009
The Equality and Human Rights Commission Scotland today announced that it intends to conduct a Formal Inquiry into disability related harassment and how public authorities are protecting disabled people’s human rights to live free from violence and abuse.

Commission awards £10 Million funding to organisations across Britain
25 November 2009
The Commission today announces the recipients of its Strategic Funding Programme. The programme has awarded nearly £10 million to 61 organisations across England, Scotland and Wales, with Scottish organisations receiving more than three quarters of a million pounds. 

Scotland United Press Statement
13 November 2009
The Commission is pleased to support the aims of Scotland United.  It is important that today we can celebrate the diversity of the people of Scotland and send a clear message to those that wish to divide us.

Commission in Scotland statement on Christopher Miller conviction
10 November 2009
The Commission strongly welcomes this conviction. We have to send out the strongest message, from education campaigns in our classrooms to sentences in our courtrooms: racism and racist hate crime will not be tolerated.

Medical receptionist settles age discrimination case
3 August 2009
Medical receptionist Ruth McNeil has today settled her age discrimination claim against a Medical Practice in Lothian for £6000.

Equality and Human Rights Commission and Scottish Government to work together to deliver better policy for better lives
7 July 2009
The Commission announced today that it is carrying out an assessment into the extent to which the Scottish Government is meeting the public sector equality duties in the development and implementation of its policies and practices with a particular focus on equality impact assessment.

Investing in the future: Commission announces 10 million pound funding programme for voluntary and community sector
15 May 2009
The Commission has announced a new GB-wide 10.2 million pound Strategic Funding Programme, providing three-year project-based funding for community and voluntary sector organisations of up to 450,000 pounds.

Commission in Scotland calls time on consensus that threatens Scotland's future.
13 May 2009
The Commission in Scotland has today issued a warning that the Scotland of 2030 will not be economically or socially fit for purpose unless Scots stop talking a good game on how fair and welcoming we are as a nation and start taking steps to realise our self image.

You can now view and download the Commission’s Scotland Business Plan for 2010/11, which gives an overview of what the Scotland team will be delivering over the year.

The latest in Scotland

Equal Pay Tribunal win for Skills Development Scotland Workers: on 40th Anniversary of Equal Pay Act Tribunal finds in favour of women paid £10,000 less a year
15 June 2010
Two female Skills Development Scotland (SDS) employees have won their equal pay Employment Tribunal case.  The case was supported by the Equality and Human Rights Commission.

40 years since the Equal Pay Act and Scotland’s women are still paid less than men
28 May 2010
On the 40th anniversary of the Equal Pay Act, the Equality and Human Rights Commission has told businesses that they need to be proactive and take action to close the pay gap between men and women in their organisations.

Meet the new Commissioner for Scotland, Kaliani Lyle
12 April 2010

Polish students awarded £25,000 in discrimination and unfair dismissal case against fruit picking farm
5 April 2010
Two Polish workers have been awarded a total of £25,000 in an employment tribunal case against a Perthshire fruit picking company. The tribunal found against David Leslie Fruits on the grounds of race discrimination, dismissal for asserting a statutory right and unlawful deductions from wages.

Commission in Scotland welcomes new hate crime laws
24 March 2010
The Commission in Scotland has welcomed new laws coming into force across Scotland today that will directly address how Scotland’s courts deal with the perpetrators of hate crime.  However the Commission has warned that until further action is taken to address the behaviour and rehabilitation of hate crime offenders, we will still have a long way to go before we can call a halt to the harassment and harm that continues to blight the lives of many Scots.

Commission launches major new Inquiry into Human Trafficking in Scotland: Baroness Helena Kennedy QC to lead.
9 February 2010
The Equality and Human Rights Commission Scotland will today launch an in-depth Inquiry into human trafficking in Scotland with a particular focus on commercial sexual exploitation.
 

Polish students Michal Obieglo and Tomasz Kowal lived on-site at David Leslie’s Scones Lethendy farm last summer. During the hearing, the Tribunal heard evidence about the horrendous conditions the students were housed in during their time at the farm, sleeping in a converted metal container with no running water, and sharing twelve showers between almost 200 people. Additionally, there were discrepancies relating to rates of pay, underpayment of wages, incorrect payslips and incorrect deduction of tax. 

When Mr Obieglo and Mr Kowal approached David Leslie on behalf of their colleagues with their concerns, they were threatened with dismissal and given a written warning. Mr Obieglo and Mr Kowal contacted the Citizen’s Advice Bureau in Perth and continued to raise their concerns with their co- workers. They presented a petition to David Leslie with 145 signatories on it and were dismissed that day, allegedly for stealing fruit. 

This accusation was without foundation and prompted a general strike.  David Leslie then gave a personal pledge that the concerns of his employees would be addressed, and Mr Obieglo and Mr Kowal were re-instated. However, the next day, both men were asked to report to David Leslie’s office, where they were met by police officers and escorted from the premises. Their belongings were withheld until they had bought a bus ticket to Edinburgh. 

In the written judgement, Employment Judge Hosie said:

'There is no doubt that the discrimination in this case was serious. It caused the claimants’ considerable distress, leaving them at one point in the situation where they feared they would be left stranded and homeless in a foreign country with no money to get home, or even imprisoned for an offence which had been fabricated.  Their hopes of spending a pleasant summer picking fruit in Scotland and earning some money to assist with their University educations turned into a nightmare. They were treated appallingly, without any common decency or respect, and left frightened and humiliated.'

CSREC caseworker Richard Pitts described his clients' treatment as 'modern day slavery'. He added:

'Mr Leslie would not have dared treat Scottish people the way he treated my clients. He thought he could get away with it because they were Polish and didn’t know their rights. That was the reason the Tribunal found his actions to constitute race discrimination'

Ros Micklem, Equality and Human Rights Commission Scotland Director said:

'This case highlights the clear mistreatment and exploitation that migrant workers can face. Too often workers from overseas are treated badly, on the assumption that they will simply put up with substandard conditions and illegal pay. We hope that it sends out an important message to employers in Scotland.  Discriminating against people because of their race or nationality  is not only wrong it can also lead to tough financial consequences.'

Mr Obieglo said 'The reason I want people to hear about my experiences is so that other foreign workers know their rights and know how to assert them – I want to be an example for people to follow.'

Equality and Human Rights Commission Related Information:

• Last month the Commission published the findings of our inquiry into the exploitation of migrant workers in the meat processing industry in England. The findings echo many of the concerns raised by this Tribunal in Perth -  significant numbers of workers reported physical and verbal abuse and a lack of proper health and safety protection to the Inquiry, with the treatment of pregnant workers a particular concern. We found that many workers had little knowledge of their rights and feared raising concerns would lead to dismissal.  The inquiry uncovered frequent breaches of the law and licensing standards in meat processing factories - some of which supply the UK’s biggest supermarkets - and the agencies that supply workers to them. It also highlighted conditions which flout minimum ethical trading standards and basic human rights.

Notes to Editors

• The monetary awards in this case totalled £25,620.28. 
• For press enquiries contact the Equality and Human Rights Commission: Deborah Cowan on 0141 228 5938, Alyson Thomson on 07970 787234.
• The Equality and Human Rights Commission is a statutory body established under the Equality Act 2006, which took over the responsibilities of Commission for Racial Equality, Disability Rights Commission and Equal Opportunities Commission.
• The Equality and Human Rights Commission is the independent advocate for equality and human rights in Britain. It aims to reduce inequality, eliminate discrimination, strengthen good relations between people, and promote and protect human rights.
• The Equality and Human Rights Commission will enforce equality legislation on age, disability, gender, race, religion or belief, sexual orientation or transgender status, and encourage compliance with the Human Rights Act. It will also give advice and guidance to businesses, the voluntary and public sectors, and to individuals.
• Central Scotland Racial Equality Council is a charity founded in 1984 to support victims of discrimination and harassment and to promote good relations between peoples of different backgrounds.
• Central Scotland Racial Equality Council is funded under the Equality and Human Rights Commission’s Grant Funding Programme to pursue cases capable of being litigated under the Equality Enactments
• For more information about Central Scotland Racial Equality Council contact Vicky Wan on 01324 610 950.