Shona Boyle awarded what is believed to be the highest individual Equal Pay Claim in Northern Ireland

Employment Law Case Study

Shona Boyle, an employee of Caterpillar NI, has been awarded the sum of £305,719 in what is believed to be the highest individual compensation award in relation to equal pay, in Northern Ireland.

Shona is employed by Caterpillar NI and brought a claim in July 2018 in respect of the differences in pay between her and 3 male colleagues who were undertaking the same job as her.

She had sought to challenge the discrepancy in pay directly with her employer, who provided a number of reasons for the difference in pay, which Shona disputed. Shona believed that the only reason she was being paid less was because she was a female.

Shona contacted our employment team

Shona contacted McCartan Turkington Breen in 2018 and was advised by John McShane, assisted by Clarissa Ingham, in relation to an equal pay claim against her employer, Caterpillar NI.

Employment Tribunal

The claim was submitted in July 2018. McCartan Turkington Breen Solicitors acted on Shona’s behalf in preparing the matter for hearing which took place, following COVID related delays, over a number of days between November 2022-March 2023.

This included the provision of witness evidence and the provision of a forensic financial loss report, prepared by Sumer Accountants NI Ltd. Shona was represented by Ms Rachel Best KC, who presented a compelling argument in written and oral submission as to why the Claimant undertook the same role as her male colleagues and further why the Employer’s justifications for the difference in pay, including job activities, complexity of work and role responsibilities, were not credible.

Tribunal found male colleagues were paid more

Following deliberation, the Employment Tribunal overwhelmingly found that Shona was undertaking the same job as her three male colleagues, who were being paid more than her and crucially that the reason for the difference in pay was because she was a women.

The Tribunal determined that Shona was entitled to back pay to cover the period that she had been underpaid in comparison to her male colleagues and further entitled to receive the same pay and benefits as her male colleagues going forward.

The judgment for both the liability and remedy hearings can be found below:

• Shona Boyle -v- Caterpillar NI – REMEDIES JUDGMENT
• Shona Boyle -v- Caterpillar NI – JUDGMENT

John McShane said: “We are immensely proud of Shona for standing up for what is right and for having the courage to pursue this claim.

“This ruling not only vindicates her position but also sends a powerful message that gender pay discrimination will not be tolerated. We hope this case inspires others to come forward and seek the equality they deserve.”

Our employment law solicitors can help you too

If you believe that you are being paid less than a colleague of the opposite sex, on the basis that you:

• do the same job,

• do work of equal value or

• your job is rated equally with a colleague,

you may have a claim for equal pay.

Remember also, that should you hear of a colleague of the opposite sex who was successful in his/her own equal pay claim, there may be a chance that you could bring a claim using that successful colleague as a comparator for your own claim. 

This is known as a “piggybacking” claim and widely used.

Arrange an initial consultation with an employment solicitor

We are employment law specialists and happy to provide advice in respect of any potential claim you have.

Learn more about our Employment Law Services or Contact Us for a free and confidential initial consultation.