Theatre faces sex discrimination claim

Claims by a former employee at a theatre in Cumbria that she was discriminated against on grounds of sex will be heard at an employment tribunal.

During a preliminary hearing in Manchester, Judge Brian Doyle said claims by Ms S Conway of sex discrimination in relation to a grievance in September 2020, and her subsequently being made redundant in December 2020, could proceed to a full hearing.

A separate claim that she was not being paid the same as men in similar roles at the theatre was struck out, with the judge deeming it to have "no reasonable prospect of success".

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The case relates to Ms Conway's employment at the Carnegie Theatre and Arts Centre in Workington, Cumbria between May 2015 and 25 December 2020. 

During the preliminary hearing the tribunal heard that Ms Conway was employed under various job titles and job descriptions as a Team Leader, Clerical Assistant, Administration Officer, or Finance Officer at various times within the five-year period. 

Prior to that, she had been employed at the theatre by Allerdale Borough Council as a Clerical Assistant since July 2010, although she was seconded to the role of Front of House Team Leader under a temporary contract. 

Her employment transferred to the Carnegie Theatre and Arts Centre, a charitable trust, which took over the running of the theatre in May 2015.

During the preliminary hearing the tribunal heard that Ms Conway's claim came from a belief that she has been subjected to less favourable treatment in comparison with her male colleagues "in circumstances which she has only recently realised", adding that there had been an “undercurrent of discrimination” towards her. 

Equal pay

She said she was not paid as much as male colleagues in comparable roles, and that the charitable trust had "failed to review her pay despite many requests".

Giving his written reasons for striking out the claim in relation to equal pay, Judge Doyle said Ms Conway was paid the same basic salary as her two male comparators and was also paid on the same basis as a former female colleague in a similar post. 

"Whether the job title is Clerical Assistant or Administration Officer or some variant thereof matters not," Judge Doyle said.

"What matters is that the two male comparators were paid a supplement or allowance, not because they were men and the claimant was a woman, but because they carried out the Duty Manager role on top of their main duties when the theatre was presenting specific productions or performances or events covered by the Front of House policy. 

"The Duty Manager role and its duties were additional to and quite different from the duties that any employee or keyholder might have to carry out while on the theatre premises during their shift or contracted hours. In addition, the Duty Manager role carries extra responsibilities and involved unsociable hours, and this is why it attracted a supplement or an allowance."

He said Ms Conway's complaints of sex discrimination in relation to her September 2020 grievance and her December 2020 redundancy could proceed to a final hearing, which is scheduled to take place in October.

Judge Doyle dismissed Ms Conway's complaints of sex discrimination in relation to a number of other grievances during the period as they were not presented in time.

Carnegie Theatre and Arts Centre has declined to comment on the case.