Four BBC presenters, Martine Croxall (left), Kasia Madera (right), Annita McVeigh and Karin Giannone, are appealing a ruling by the Employment Tribunal that prevented them from filing new equal-pay claims against the broadcaster.
In a dispute dating back more than a decade, the claimants say they’ve faced pay disparities that are significant compared to their male counterparts. Martine Croxall, Annita McVeigh and the BBC settled an equal-pay claim in 2014. However, they say that discriminatory practices continue to exist.
In 2019, four more equal pay claims were filed by the presenters. In 2020, the four presenters entered into settlement agreements, which, according to them, only addressed historical inequities. The journalists claim that despite the settlements they continue to be paid lower than their male counterparts since 2020. This has led them to take additional legal action.
Employment Tribunal Decision
The Employment Tribunal in May 2024 ruled against journalists and found that the settlement agreements of 2020 barred them from filing new claims. The Tribunal ruled that the new claims were based on the same facts as the previous ones. The matter was therefore deemed to be legally settled, and it could not be reopened.
The claimants, who are supported by the National Union of Journalists(NUJ), have appealed the decision of the Tribunal at the Employment Appeal Tribunal. Thompsons Solicitors represented by Claire Darwin KC from Matrix Chambers argue that settlements only addressed past pay discrepancies, and shouldn’t prevent future claims addressing pay policies.
The outcome of this appeal will be closely watched, as it may have important implications for equal-pay disputes and the interpretations of settlement agreements under employment law.
Neil Todd, Thompsons Solicitors partner who represents the four journalists said: “The appeal raises significant questions about how out of court settlements can cover unlawful future actions. The agreements in question are, according to us, unenforceable under law.
Michelle Stanistreet is the General Secretary of National Union of Journalists. She also stated, “The NUJ was deeply concerned about the Tribunal’s ruling that prevented our members from pursuing their claims.” We don’t accept that the Employment Appeal Tribunal can ignore cases of wage discrimination.
