EAT EQUAL PAY ACT: Article 141/European law
Can a woman in an equal pay claim compare herself with a successor? The Employment Tribunal reluctantly held that she could, on the grounds that it was bound by the decision of the EAT in Diocese of Hallam Trustee v Connaughton [1996] ICR 860. The EAT held that the Hallam case was plainly per incuriam and should not be followed. The central issue was whether Article 141, as interpreted in the case law of the European Court of Justice, permits such a comparison. The EAT held that it did not and upheld the employer’s appeal.
Citations:
[2008] UKEAT 0564 – 07 – 2305
Links:
Employment
Updated: 15 July 2022; Ref: scu.268117