Unions pursue job-sharers' claim

IMPACT is to seek compensation for members who lost out on promotions because they were jobsharers

IMPACT is to seek compensation for members who lost out on promotions because they were jobsharers. The European Court of Justice has found that employers who pass over job-sharers for promotion solely on the basis of seniority are guilty of indirect discrimination, as the vast majority of job-sharers are women.The case was brought by a German civil servant, Ms Helen Gerster. A decision in her favour was made on October 2nd, 1997, and public service unions have been awaiting a Government response since.Last week the Attorney General advised the Government to amend its procedures from the date of the court's decision.The largest civil service union, the Civil and Public Service Union, said it had legal advice that any job-sharer passed over for promotion on a seniority basis since job-sharing was introduced in 1984 could claim compensation for loss of earnings.The IMPACT national secretary for the Civil Service, Mr Paddy Keating, has confirmed that he has asked all branches "to look at agreements where seniority is a factor in respect of pay, allowances, promotions etc, to bring them into line with the Gerster judgment." He said there was "no question of anyone being demoted because they were promoted ahead of a job-sharer.Most of IMPACT's members work in technical and professional grades, where seniority is not a significant factor in promotions. However, it has over 1,200 members in the Revenue Commissioners, where seniority is important.While IMPACT and the CPSU have warned the Government that compensation should be awarded from 1984, unions representing higher Civil Service grades have decided to accept that the Gerster judgment should only be operational from last October.