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South Tyneside Metropolitan Borough Council v Anderson and others: EAT 26 Mar 2007

The council appealed a finding that there was no genuine material factor justifying a difference in pay, and in particular the availability of bonus schemes. Judges: Wilkie J, Benyon, Smith Citations: [2007] UKEAT 0684 – 05 – 2603 Links: Bailii Statutes: Equal Pay Act 1970 1(2)(b), EU Treaty 141, Equal Pay Directive (75/117/EEC) 1 Jurisdiction: … Continue reading South Tyneside Metropolitan Borough Council v Anderson and others: EAT 26 Mar 2007

Defrenne v Sabena (No 2): ECJ 8 Apr 1976

ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a duty to ensure the protection of the rights which that provision vests in individuals, in particular … Continue reading Defrenne v Sabena (No 2): ECJ 8 Apr 1976

Macarthys Ltd v Smith: CA 1980

The employee had taken on a job substantially similar to that of a previous male employee, but had been paid less. She succeeded in a claim under the 1971 Act before the industrial tribunal and Employment Appeal Tribunal. The employer appealed again. The employer argued that usung the ordinary and natural meaning of the words … Continue reading Macarthys Ltd v Smith: CA 1980

Hill and Stapleton v The Department of Commissioners and Department of Finance: ECJ 17 Jun 1998

Two female employees shared a job in the civil service during which time they each moved up one point in the incremental pay scale with each year of service and were paid fifty percent of the salary for clerical assistants. After two years they switched to full-time employment but their position on the incremental pay … Continue reading Hill and Stapleton v The Department of Commissioners and Department of Finance: ECJ 17 Jun 1998

Regina v Secretary of State for Defence ex parte Perkins (2nd Report): QBD 3 Sep 1998

A European Court ruling that discrimination on the grounds of sex is not the same as discrimination on the grounds of sexual orientation was binding not only for the directive under which the decision was made. Citations: Gazette 03-Sep-1998 Statutes: Council Directive 75/117/EEC (Equal Treatment) Council Directive 76/297/EEC Equal Treatment Jurisdiction: England and Wales Discrimination … Continue reading Regina v Secretary of State for Defence ex parte Perkins (2nd Report): QBD 3 Sep 1998

Macarthys Ltd v Smith: ECJ 27 Mar 1980

The first paragraph of article 119 of the EEC Treaty applies directly, and without the need for more detailed implementing measures on the part of the community or the member states, to all forms of direct and overt discrimination which may be identified solely with the aid of the criteria of equal work and equal … Continue reading Macarthys Ltd v Smith: ECJ 27 Mar 1980

Handels Og Kontorfunktionaerernes Forbund I Danmark (Acting On Behalf of Pedersen) v Faellesforeningen for Danmarks Brugsforeninger (Acting On Behalf of Kvickly Skive): ECJ 19 Nov 1998

It was discriminatory to refuse payment of maternity benefits where a worker suffered a pathological illness connected to a pregnancy with an allowance of benefits where someone ordinarily sick would receive full pay. Citations: Times 01-Dec-1998, C-66/96, [1998] EUECJ C-66/96 Links: Bailii Statutes: Council Directive 75/117/EEC on Equal Pay for Men and Women Discrimination, European … Continue reading Handels Og Kontorfunktionaerernes Forbund I Danmark (Acting On Behalf of Pedersen) v Faellesforeningen for Danmarks Brugsforeninger (Acting On Behalf of Kvickly Skive): ECJ 19 Nov 1998

Angestelltenbetriebsrat Der Wiener Gebietskrankenkasse v Wiener Gebietskrankenkasse: ECJ 20 May 1999

Where two groups worked doing similar work, but one had superior qualifications, those qualifications could justify a pay differential. They were not to be treated as doing the same work. Citations: Times 20-May-1999, C-309/97, [1999] EUECJ C-309/97, [2000] ICR 1134 Links: Bailii Statutes: Council Directive 75/117/EEC on the approximation of laws relating to equal pay … Continue reading Angestelltenbetriebsrat Der Wiener Gebietskrankenkasse v Wiener Gebietskrankenkasse: ECJ 20 May 1999

Smith v Macarthys Ltd: EAT 14 Dec 1977

Mrs Smith was employed by the respondents, wholesale dealers in pharmaceutical products, as a warehouse manageress at a weekly salary of andpound;50. She complained of discrimination in pay because her male predecessor whose post she took up after an interval of four months, received a salary of andpound;60 per week. She brought proceedings before the … Continue reading Smith v Macarthys Ltd: EAT 14 Dec 1977

Hill and Another v Revenue Commissioners and Another: ECJ 2 Jul 1998

Rule under which job-share employees lost out on pay rates when converted into full time equivalents were discriminatory against women since more women had job-share arrangements Citations: Times 02-Jul-1998, C-243/95 Statutes: ECTreaty 119 Council Directive 75/117/EEC Discrimination, European Updated: 08 April 2022; Ref: scu.81376

J P Jenkins v Kingsgate (Clothing Productions) Ltd: ECJ 31 Mar 1981

ECJ The fact that work paid at time rates is remunerated at an hourly rate which varies according to the number of hours worked per week does not offend against the principle of equal pay laid down in article 119 of the Treaty in so far as the difference in pay between part-time work and … Continue reading J P Jenkins v Kingsgate (Clothing Productions) Ltd: ECJ 31 Mar 1981

Garland v British Rail Engineering Ltd: HL 19 Jan 1981

There was a dispute between an employee of the company, a subsidiary of the British Railways Board, a body created by the Transport Act 1962 to manage the railways in the united kingdom, and her employer concerning discrimination alleged to be suffered by female employees who on retirement no longer continue to enjoy travel facilities … Continue reading Garland v British Rail Engineering Ltd: HL 19 Jan 1981

Grant v South West Trains Ltd: ECJ 17 Feb 1998

A company’s ban on the provision of travel perks to same sex partners of employees did not constitute breach of European sex discrimination law. An employer’s policy was not necessarily to be incorporated into the contract of employment. The court said that since the rule applied equally to male and female employees it was not … Continue reading Grant v South West Trains Ltd: ECJ 17 Feb 1998

Regina v Secretary of State for Defence ex parte Perkins: Admn 16 Jul 1998

The ECJ ruling that discrimination against same sex couples did not constitute sex discrimination under the Equal Pay Directive was also effective to decide that the Armed Forces rules against employment of homosexuals was not discrimination. Times 16-Jul-1998, Gazette 03-Sep-1998, [1998] EWHC Admin 746 Bailii Council Directive 75/117/EEC (Equal Treatment) Council Directive 76/297/EEC Equal Treatment … Continue reading Regina v Secretary of State for Defence ex parte Perkins: Admn 16 Jul 1998

Levez v T H Jennings (Harlow Pools) Ltd: ECJ 1 Dec 1998

Regulations debarred a claim after a certain time even where the delay had been because of a deliberate concealment of information by an employer. Held: Availability of other means of redress was not sufficient to displace this rule. Advocate General Leger said: ‘an action brought under the Equal Pay Act and an action brought under … Continue reading Levez v T H Jennings (Harlow Pools) Ltd: ECJ 1 Dec 1998