The applicant had failed in appeals against conviction and sentence for offences of fraud and forgery before the Belgian Cour de Cassation. He complained that he had not enjoyed the right to a fair trial recognised by Article 6(1) of the Convention because a member of the Procureur general’s department, which was attached to the … Continue reading Delcourt v Belgium: ECHR 17 Jan 1970
The family assets were in the region of andpound;8.5M. The wife sought a half share. The husband proposed that she should have 40%. The husband had built the family fortune through exceptional hard work and astute business acumen in the field of substantial development and construction projects. The court considered how capital and income could … Continue reading G v G (Financial Provision Equal Division): FD 2 Jul 2002
EQUAL PAY ACT – Article 141/European law EQUAL PAY ACT – Equal value EQUAL PAY ACT – Other establishments 1. Although the point is not acte clair, the better view is that article 157 of the Treaty on the Functioning of the European Union is directly effective in a claim founded on equal pay for … Continue reading Asda Stores Ltd v Brierley and Others (Equal Pay Act): EAT 31 Aug 2017
Evidence Needed to Share Benefical Inerests The family home had been purchased during the marriage in the name of the husband only. The wife asserted that she had a beneficial interest in it. Held: The principles apply to any case where a beneficial interest in land is claimed by a person, whether spouse or stranger, … Continue reading Gissing v Gissing: HL 7 Jul 1970
No presumption for Mother on Relocation The mother applied for leave to return to New Zealand taking with the parties’ daughter aged four. The father opposed the move, saying that allowing the move would infringe his and the child’s right to family life. He had been refused residence. Held: The move was a serious interference … Continue reading Payne v Payne; P v P: CA 13 Feb 2001
1267 – 1278 – 1285 – 1297 – 1361 – 1449 – 1491 – 1533 – 1677 – 1688 – 1689 – 1700 – 1706 – 1710 – 1730 – 1737 – 1738 – 1751 – 1774 – 1792 – 1793 – 1804 – 1814 – 1819 – 1824 – 1828 – 1831 – 1832 … Continue reading Acts
Citations: [2005] EWCA Civ 1432 Links: Bailii Statutes: Equal Pay Act 1970 1 Jurisdiction: England and Wales Discrimination, Employment Updated: 27 November 2022; Ref: scu.236352
EAT Equal Pay Act – Article 141Appeal against Employment Tribunal’s Decision that Respondent’s 2000 job evaluation study not within s1(5) (and therefore no bar to Applicant’s claim by reference to s2A) of the Equal Pay Act 1970 dismissed by reference to Eaton v Nuttall [1977] ICR 272. Tribunal did not deal with effect of the … Continue reading Diageo Plc v Thomson: EAT 29 Apr 2004
The claimants claimed equal pay, asserting use of particular comparators. The Trust said that there was a genuine material factor justifying the difference in pay. Held: To constitute a single source for the purpose of article 141, it is not enough for the non-RVI claimants to show that they have the same employer as the … Continue reading Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust: CA 21 Dec 2005
It is inconsistent with the TUPE regulations to seek to use them to improve an employee’s terms and conditions. Judges: Mummery LJ, Maurice Kay LJ, Wilson LJ Citations: [2007] EWCA Civ 1065, [2008] ICR 341, [2008] IRLR 70 Links: Bailii Statutes: Transfer of Undertakings (Protection of Employment) Regulations 1981 Jurisdiction: England and Wales Citing: Appeal … Continue reading Jackson v Computershare Investor Services Plc: CA 30 Oct 2007
EAT EQUAL PAY ACTTRANSFER OF UNDERTAKINGS – TransferGlasgow Council decided it would no longer perform work of providing leisure and recreational services; of providing parking and parking enforcement services; and of providing care services by using directly employed labour. Its staff in each of the three areas were transferred to respectively a Community Interest company, … Continue reading Fox Cross and Others v Glasgow City Council and Others: EAT 25 Jan 2013
No sex discrimination was involved in company’s retirement benefits scheme even though it was affected by differences for part time workers, and even though more women worked part time Citations: Gazette 26-Feb-1998, Times 29-Dec-1997, [1998] 1 All ER 805, [1997] EWCA Civ 3037, [1999] ICR 319, [1998] IRLR 138 Links: Bailii Statutes: Equal Pay Act … Continue reading Barry v Midland Bank Plc: CA 18 Dec 1997
EAT EQUAL PAY ACTPRACTICE AND PROCEDURE – AmendmentEqual Pay. Amendment to add a respondent. TUPE. Whether or not Tribunal erred in refusing the amendment. Judges: Smith Lady Citations: [2012] UKEAT 0048 – 12 – 2011) Links: Bailii Statutes: Equal Pay Act 1970 Jurisdiction: England and Wales Employment Updated: 09 November 2022; Ref: scu.466571
EAT Equal Pay Act : Damages or Compensation – Equal Pay. Jurisdiction. Statutory limitation. Claimants alleged that their previous NHS Trust employers breached their rights under the Equal Pay Act 1970. Trusts dissolved and their liabilities under or in connection with the Claimants’ contracts of employment transferred to the respondents by Staff Transfer Orders (under … Continue reading Foley v NHS Greater Glasgow and Clyde and Otherss: EAT 15 Aug 2012
No disassociation was found despite few comparitors and history no objective distinction. Citations: Ind Summary 16-May-1994 Statutes: Equal Pay Act 1970 208 Jurisdiction: England and Wales Employment, Discrimination Updated: 26 October 2022; Ref: scu.78622
Whether employees in Asda’s retail operations are entitled to compare themselves with employees in the distribution centres so that they can rely on section 79(4)(c) of the Equality Act 2010 (‘2010 Act’) or, as regards the period covered by the Equal Pay Act 1970 (‘1970 Act’), so that they are in the ‘same employment’ as … Continue reading Asda Stores Ltd v Brierley and Others: SC 26 Mar 2021
EAT PRACTICE AND PROCEDURE – Contribution PRACTICE AND PROCEDURE – Disclosure (1) An employment tribunal has no jurisdiction to determine claims for contribution under the Civil Liability (Contribution) Act 1978 between persons jointly or concurrently liable for damage caused by an act of unlawful discrimination. Nor in any event does the 1978 Act create such … Continue reading Sunderland City Council v Brennan and Others: EAT 2 May 2012
Equal pay claim – Whether difference in pay due to material factor other than sex Judges: Maurice Kay VP, Rimer, Tomlinson LJJ Citations: [2012] EWCA Civ 413, [2012] Eq LR 480, [2012] ICR 1216, [2012] IRLR 507, [2012] WLR(D) 113 Links: Bailii, WLRD Statutes: Equal Pay Act 1970 1(3) Jurisdiction: England and Wales Citing: Appeal … Continue reading Council of The City of Sunderland v Brennan and Others: CA 3 Apr 2012
The Council appealed against an order dismissing its application for the claimants’ claims under equal pay legislation to be struck out for want of jurisdiction. The claims had been brought in the High Court rather than te hEmployment Tribunal, thus extending the effective limitation date from 6 months to six years. Held: The Council’s appeal … Continue reading Birmingham City Council v Abdulla and Others: CA 29 Nov 2011
The claimant health professionals alleged that their employment contracts contained terms as to obligations to work unsocial hours which were less favourable than those for male comparators. Citations: [2011] EWCA Civ 903 Links: Bailii Statutes: Equal Pay Act 1970 Jurisdiction: England and Wales Discrimination Updated: 17 September 2022; Ref: scu.442258
EAT EQUAL PAY ACTMaterial factor defenceEuropean lawCertain employees of the Council claimed equal pay with respect to their chosen comparators. In some cases the claim related to a period before a new job evaluation scheme had been introduced. As part of the implementation of the job evaluation scheme, the employers introduced a protected pay arrangement … Continue reading Middlesbrough Borough Council v Surtees and others: EAT 17 Jul 2007
EAT Equal Pay Act – Equal value When an Independent Expert has been appointed by an Employment Tribunal to report on an equal value question, rule 11(4) of Sched 6 to Employment Tribunal Regulations 2004 allows a party to call another expert provided this evidence does not challenge the facts. When an IE did not … Continue reading Middlesbrough Borough Council v Surtees and others: EAT 24 Aug 2007
The House considered the scope of the ‘genuine material factor’ defence in section 1(3) of the Act where prima facie indirect discrimination exists and objective justification needs to be established. Held: The House adopted the approach of the European Court in Bilka. Lord Keith confirmed that there was no difference between European and domestic law … Continue reading Rainey v Greater Glasgow Health Board: HL 27 Nov 1986
EAT EQUAL PAY ACT – Other establishments PRACTICE AND PROCEDURE – Amendment JURISDICTIONAL POINTS – 2002 Act and pre-action requirementsThree groups of appeals arising out of mass equal pay litigation (A) Amendment permitted to correct misdescriptions by Claimants of the jobs that they were doing (B) Employees employed by the Council in non-teaching roles in … Continue reading Beddoes and Others v Birmingham City Council: EAT 9 May 2011
EAT EQUAL PAY – CompensationWhere a comparator in an equal pay claim is added by amendment the question whether the ‘arrears date’ for the purpose of section 2 (5) of the Equal Pay Act 1970 in respect of that comparison runs from the date of the presentation of the original claim or from the date … Continue reading Prest and Others v Mouchel Business Services Ltd and Another: EAT 2 Mar 2011
The applicant had left on maternity leave. Before leaving, her salary had been increased, but the increase was not back-dated to any part of the period over which the regulations required her average earnings to be calculated for statutory maternity pay. She asserted discrimination, and unlawful deductions from her wages. Should her case be referred … Continue reading Alabaster v Woolwich Plc, Secretary of State for Social Security: CA 26 Feb 2002
EAT EQUAL PAY ACT SEX DISCRIMINATION – JurisdictionWhether allocation of share options, which differed between Claimant and her male comparator, gave rise to a claim under the Equal Pay Act 1970 or Sex Discrimination Act 1975 (see SDA s6(6)). On the facts found, the scheme being truly discretionary, the claim fell under the SDA. Since … Continue reading Hosso v European Credit Management Ltd: EAT 7 Jan 2011
The claimants appealed against the strike out of their claims for damages for breach of contract on imposing changes in employment contract and conditions. The County Court had accepted the Council’s arguments on the construction and application of s.2(3) and struck out the equal pay claims saying that the expiry of time for presenting the … Continue reading Ashby and Others v Birmingham City Council: QBD 3 Mar 2011
The defendant applied for an order declaring that the claim would better be brought in an employment tribunal and that accordingly the County court should decline jurisdiction. Held: The application was dismissed: ‘ I reject the submission by the Defendant that convenience must be judged in some abstract way by reference to whether a case … Continue reading Abdulla and Others v Birmingham City Council: QBD 17 Dec 2010
Equal pay claim: whether claimants and comparators ‘in the same employment’ Judges: Lady Paton, Lord Hardie, Lord Abernethy Citations: [2011] ScotCS CSIH – 2 Links: Bailii Statutes: Equal Pay Act 1970 Citing: At EAT – Dumfries and Galloway Council v North and Others EAT 24-Apr-2009 EAT 244 Equal Pay claims by classroom assistants, support for … Continue reading North and Others v Dumfries and Galloway Council and Another: SCS 7 Jan 2011
EAT EQUAL PAY ACT – Case management PRACTICE AND PROCEDURE – Disclosure Equal pay claims. Pre hearing review with Employment Judge and lay members, to consider validity of Job Evaluation Scheme and whether there were reasonable grounds for suspecting that evaluations in terms of that scheme contravened section 2A(2A) (a) or (b) of the Equal … Continue reading South Lanarkshire Council v Russell and Others: EAT 30 Jul 2010
The employer had altered existing employment contracts. The claimants having commenced discrimination claims then sought to add to the existing proceedings comparators from different job groups. The tribunal had been asked whether, given that this amounted to a new claim (applying Bainbridge), that new claim was out of time and if so whether its discretion … Continue reading North Cumbria University Hospitals NHS Trust v Fox and Others: CA 30 Jun 2010
EAT PRACTICE AND PROCEDURE: Costs EQUAL PAY ACT: Equal value Equal Pay claims. Local Authority employee Claimants. Section 1(6) of Equal Pay Act 1970. Article 141 EC. Circumstances in which EAT, upholding cross appeal, found that Employment Tribunal had erred in failing to hold that Claimants (APTandC employees) and their comparators (Manual Workers) were employed … Continue reading City of Edinburgh Council v Wilkinson and Others: EAT 14 Apr 2010
The appellant challenged dismissal of her claim for equal pay. It had been rejected on the ground that the employer had shown a material factor justifying the difference in pay. Held: Enderby establishes that the burden of proving sex discrimination lies initially on the employee. The burden of proof in indirect discrimination cases should be … Continue reading Nelson v Carillion Services Ltd: CA 15 Apr 2003
The defendant implemented a voluntary retirement scheme under which benefits were calculated according to the period of service of the employee. The plaintiff claimed that the scheme discriminated against workers who had taken career breaks, and therefore against women. Held: A severance pay scheme, which calculated the amount payable according to length of service and … Continue reading Barry v Midland Bank Plc: HL 22 Jul 1999
The employees appealed against dismissal of their claims of sex discrimination, saying that the employer’s explanation of the pay differential was not adequate. Held: The appeal succeeded. The tribunal had failed to distinguish between what was given namely an account and explanation of the differences, and a non-discriminatory reason for the differences whuch had not … Continue reading Gibson and Others v Sheffield City Council: CA 10 Feb 2010
Judges: Wood P Citations: [1989] ICR 790, [1989] UKEAT 99 – 88 – 2609, [1990] IRLR 10 Links: Bailii Statutes: Equal Pay Act 1970 Jurisdiction: England and Wales Cited by: Cited – Middlesbrough Borough Council v Surtees and others EAT 24-Aug-2007 EAT Equal Pay Act – Equal value When an Independent Expert has been appointed … Continue reading Aldridge v Telecommunications Plc: EAT 1989
The employees appealed against dismissal of their equal pay claims. They said that having been transferred under a TUPE arrangement, and now having to claim against the new employer, they argued that the six months time limit started from the time of the transfer. Held: The appeal failed. The TUPE regulations would not put an … Continue reading EA Gutridge and Others v Sodexo and Another: CA 14 Jul 2009
EAT EQUAL PAY ACT: Article 141/European law EQUAL PAY ACT: Material factor defence and justification The claimant contended that a system which rewarded pay in part by reference to length of service constituted a breach of the Equal Pay Act 1970. She accepted that the nature of the job was one where job performance would … Continue reading Wilson v Health and Safety Executive: EAT 19 Dec 2008
EAT 244 Equal Pay claims by classroom assistants, support for learning assistants and nursery nurses employed by local authority. They sought to compare themselves with male manual workers based elsewhere, at depots and at a swimming pool, and employed as road workers, groundsmen, refuse collectors, refuse drivers and a leisure attendant. There were also male … Continue reading Dumfries and Galloway Council v North and Others: EAT 24 Apr 2009
The claimant, a cabin crew member of the defendant’s staff sought damages for sex discrimination. Held: Sedley LJ said that the pool chosen should be that which suitably tests the particular discrimination complained of. Judges: Sedley LJ s Citations: [2007] EWCA Civ 1020, [2008] IRLR 74 Links: Bailii Statutes: Equal Pay Act 1970 1 Jurisdiction: … Continue reading Grundy v British Airways Plc: CA 23 Oct 2007
Not upheld Judges: Mummery. Lewison LJJ, Sirark Waller Citations: [2012] EWCA Civ 1621, [2013] Eq LR 130, [2013] IRLR 206 Links: Bailii Statutes: Equal Pay Act 1970 Jurisdiction: England and Wales Citing: Appeal from – The Audit Commission v Haq and Others EAT 18-Mar-2011 EAT EQUAL PAY ACT – Material Factor Defence and JustificationTwo roles … Continue reading Haq and Others v The Audit Commission: CA 6 Dec 2012
EAT EQUAL PAY ACT – Material Factor Defence and JustificationTwo roles (‘IIO’ and ‘SIIO’) amalgamated into a new role (‘SIO’), on the basis that affected employees retain their existing points on the relevant pay scale – Following amalgamation the two highest-paid of the eleven ISOs are the only two males, both ex-SIIOs – Common ground … Continue reading The Audit Commission v Haq and Others: EAT 18 Mar 2011
The employee’s union had written to the employer to say that the employee had a claim for back pay under the 1970 Act. The employer appealed a finding that this was sufficient to launch the claim. Held: The appeal failed. It was wrong to interpret such requirements too technically so as to give rise to … Continue reading Suffolk Mental Health Partnership NHS Trust v Hurst and Others: CA 7 Apr 2009
EAT EQUAL PAY ACT: Article 141/European lawEPA and Article 141 claims. The appeal and cross appeals give rise to various EPA issues; whether, like Article 141, section 1(6) requires a single source, that is a single body responsible for the inequality of pay which could restore equal treatment, or whether it is a complete code … Continue reading North Cumbria Acute Hospitals NHS Trust v Potter and others: EAT 18 Dec 2008
EAT Equal Pay Act 1970 s1(2)(c) claim in respect of period prior to implementation of JES which banded Claimant together with her male comparators. Effect of that banding on s1(2)(c) claim. Whether requirement for Independent Expert ought to be withdrawn. Proper exercise of discretion by Employment Judge. Appeal against refusal to withdraw requirement dismissed. Citations: … Continue reading Hovell v Ashford and St Peter’s Hospital NHS Trust: EAT 13 Aug 2008
Employer’s appeal against finding of indirect discrimination under implied equality clause. Judges: Waller VP, Sedley, Dyson LJJ Citations: [2008] EWCA Civ 875, [2008] IRLR 815 Links: Bailii Statutes: Equal Pay Act 1970 1 Jurisdiction: England and Wales Citing: Cited – Enderby v Frenchay Health Authority and Another ECJ 27-Oct-1993 Discrimination – Shifting Burden of Proof(Preliminary … Continue reading British Airways Plc v Grundy: CA 28 Jul 2008
EAT Sex Discrimination – Inferring DiscriminationThe claimant sought compenstion for sex discrimination. She appealed a finding of a material factor justifying the difference in pay. Held: The new provisions included reference to the Code of Practice issued by the Equal Opportunities Commission, which provided that the employer should provide a transparent system for setting pay … Continue reading Barton v Investec Henderson Crosthwaite Securities Ltd: EAT 6 Mar 2003
EAT PRACTICE AND PROCEDURE: Preliminary issuesEQUAL PAY ACTMaterial factor defence and justification This case involves complicated equal pay claims against the council in which different claimants (some 1050 in all) compare themselves with a range of comparators. There are also discrimination claims against the two trade unions. The claims relate to two periods, one pre-October … Continue reading Sunderland City Council v Brennan and others: EAT 20 Jun 2008
EAT Equal Pay Act – Out of time Equal pay claims and statutory grievance procedures. Whether claimants prevented by section 32(2) of the Employment Act 2002 from presenting complaints specifying different comparators from those (if any) specified in grievances. EAT held that Tribunals required to carry out a qualitative assessment to see if comparators in … Continue reading Highland Council v TGWU Unison First and others: EAT 18 Dec 2007
EAT Equal Pay Act – Equal value/Material factor defenceTribunal Chairman correct in refusing to allow an equal value expert on a GMF hearing. Judges: Ansell J Citations: [2007] UKEAT 0428 – 07 – 1812 Links: Bailii Statutes: Equal Pay Act 1970 Employment, Discrimination Updated: 12 July 2022; Ref: scu.262897
EAT Equal Pay Act – Material factor defence The claimant police officers received less than their male comparator doing like work. The reason was that he worked shifts involving night work and received a special payment (effectively a bonus) for this, but they did not work those hours because they were incompatible with their child … Continue reading West Midlands Police v Blackburn and Another: EAT 11 Dec 2007
EAT EQUAL PAY ACT: Material factor defence and justification The claimants brought various equal pay claims naming refuse collectors as comparators. The claimants were in predominantly female jobs and the comparators in an almost exclusively male job. The council advanced three genuine material factor (GMF) defences. They lost on two and succeeded on the third. … Continue reading Coventry City Council v Nicholls and others (Unison Union Claimants): EAT 27 Feb 2009
The council appealed against a finding of discrimination under the 1970 Act, saying it was impermissible to use as a comparator somebody found after a job evaluation study to be of a different, but lower grade, but with higher pay. Held: The appeal failed. The Act implemented a European Directive and should be read purposively. … Continue reading Redcar and Cleveland Borough Council v Bainbridge and others: CA 21 Sep 2007
EAT Equal pay Act – Out of time The claimants before the Employment Tribunal alleged that when they were employed by NUPE, that union had breached their rights under the Equal Pay Act in connection with their pension rights. Subsequently, NUPE transferred to Unison by way of a trade union amalgamation. The claimants brought their … Continue reading Unison v Allen and others: EAT 26 Jul 2007
The applicants were head teachers employed in junior schools. They alleged sex discrimination, and sought to use as comparators head teachers from different local authorities. The comparators had been put forward on the basis that the teacher in question was male and was being paid at a higher rate for work that was like work … Continue reading Morton v South Ayrshire Council: IHCS 14 Feb 2002
EAT Equal Pay Act – Part time pensions Practice and Procedure – Appellate jurisdiction/Reasons/Burns-Barke The EAT exercised its discretion to allow a point conceded at the Employment Tribunal to be reopened on appeal. The exceptional circumstances included the fact that the issue went to jurisdiction, these were four test cases representing 120 similar concessions in … Continue reading Secretary of State for Health v Rance: EAT 4 May 2007
The section required a study which necessitated the evaluation of both the complainant’s work and that of her male comparator. It was not good enough that the bench mark jobs had been evaluated if there had been no evaluation of the claimant’s and her comparators’ jobs in the process. In this sense the use of … Continue reading Bromley v H and J Quick Ltd: EAT 28 Jul 1987
The employees alleged sex discrimination. As domestics who were mostly women, they were not paid the bonuses which went to porters. In making the claim, they excluded another group, namely caterers who were also mostly female, but also received the bonuses. Held: When setting up the comparator groups, the advantaged groups should not be artificially … Continue reading Cheshire and Wirral Partnership NHS v Abbott and others: CA 4 Apr 2006
EAT Equal Pay Act Appellants to have membership of the employer’s pension scheme backdated to include earlier periods of part-time employment. Chairman held that the applications were out of time. Was this an error of law? Observations on what constitutes a stable employment relationship. Judges: Elias J P Citations: [2006] UKEAT 0677 – 05 – … Continue reading Jeffery and others v Secretary of State for Education and Another: EAT 17 Mar 2006
EAT Practice and Procedure – 2002 Act and pre-action requirements. Regulation 14 2004 Regulations; excluding discrimination Questionnaires from definition of statutory grievance. When failure to comply with SGP may be raised. Whether SGP requirement offends European Law.The Regulations cannot be circumvented by contending that the grievance identified in the preamble to the questions can be … Continue reading D Holc-Gale v Makers UK Ltd: EAT 30 Nov 2005
EAT Equal Pay Act – Material factor defence – In an equal pay claim involving a presumption of direct discrimination the genuine material factor defence requires justification by objective criteria.The claimant appealed dismissal of her action for equal pay, saying that the ‘material factor’ defence used to justify a different payment had been incorrectly applied. … Continue reading Sharp v Caledonia Group Services Ltd: EAT 1 Nov 2005
EAT Equal Pay Act – Part-time worker’s pension. – The Employment Tribunal Chairman erred in concluding the claim was submitted out of time when a stable employment relationship had been established. The analysis of the contractual differences alone was inaccurate, and this failure to consider and apply unchallenged evidence was an error.McMullen J said that: … Continue reading Dr Thatcher v Middlesex University, Secretary of State for Education: EAT 10 Jun 2005
EQUAL PAY An Employment Tribunal was charged with determining whether a ‘stable working relationship’ was preserved when an employee had been promoted through a series of ranks. The concept of a ‘stable employment relationship’ was created by the European Court of Justice in Preston and Others v Wolverhampton Healthcare NHS Trust and Others [2000] ICR … Continue reading Barnard v Hampshire Fire and Rescue: EAT 12 Oct 2018
Prison officers claimed awards for sex discrimination. The employer replied that the pools of comparators each contained members of either sex. The appellants sought to establish that any less favourable treatment of them in comparison with the comparators was genuinely due to a material factor which is not the difference of sex and which is … Continue reading Home Office v Bailey and others: CA 22 Mar 2005
The court considered the non-admission of part time workers to pension scheme benefits after a transfer of employment. Held: (Pill LJ) While the effect of TUPE was that the continuing contract of employment was deemed always to have been with the transferee, the pension rights had been removed from it and it could not be … Continue reading Powerhouse Retail Ltd and others v Burroughs and others: CA 7 Oct 2004
School catering assistants claimed equal pay under the Act. Their work had been valued as equal to that of men, but following a contracting out procedure, they earned less than men. Held: The Council had failed to show that the difference was due to a material factor other than the difference in sex. Citations: [1993] … Continue reading North Yorkshire County Council v Ratcliffe and others: EAT 21 Jan 1993
The claimant sought increased maternity pay. Before beginning her maternity leave she had been awarded a pay increase, but it was not backdated so as to affect the period upon which the calculation of her average pay was based. The court made a detailed comparison of the regimes for protection under the Employment Rights Act … Continue reading Alabaster v Barclays Bank Plc and Another: CA 3 May 2005
The claimant worked part time. She said that she should have been paid at the same rate as her male full time equivalents, the failure being incompatible with her rights under Article 119. Held: The scope of Article 119 EEC covers not only direct but also indirect discrimination. The difference between part-time and full-time work … Continue reading J P Jenkins v Kingsgate (Clothing Productions) Ltd: EAT 19 Jun 1981
Judges: Rimer J Citations: [2004] UKEAT 0347 – 03 – 2304 Links: Bailii Statutes: Equal Pay Act 1970 Cited by: Cited – 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 … Continue reading Paterson and others v London Borough of Islington and others: EAT 23 Apr 2004
The MOD (the Appellants) contend that the Employment Tribunal erred in law in holding, in a Decision promulgated on 17 September 2002 after a preliminary hearing, that they had not established a ‘material factor’ defence to the Respondents’ claims for equal pay, pursuant to the provisions of the Equal Pay Act 1970 and Article 141 … Continue reading Ministry of Defence v Armstrong and Another: EAT 7 Apr 2004
The employees claimed sex discrimination, and sought to have as comparators, male employees of an employer who had previously employed some of them, before a TUPE transfer of the services supplied. The Court of Appeal referred to the court the question of whether they could rely upon Article 141(1) to base such a comparison. Held: … Continue reading Lawrence and others v Regent Office Care Ltd and Others: ECJ 17 Sep 2002
EAT Sex DiscriminationEqual Pay – Like workFemale train drivers made a claim under S1 of the Equal Pay Act 1970. The Claimants were in a group known as ‘Metro Operators’ and claimed parity of pay for like work with another group of train drivers. The majority of both groups were overwhelmingly male. The claims were … Continue reading Tyne and Wear Passenger Transport Executive (T/A Nexus) v Best and others: EAT 21 Dec 2006
80% of the men who had been employed since 1 April 1997 had got protection under TUPE whereas only 66.66% of the women had. It was argued that this difference in percentages was sufficient to justify a claim of indirect discrimination. Held: There was no sex discrimination where there were genuine reasons for a pay … Continue reading Strathclyde Regional Council and others v Wallace and others (Scotland): HL 22 Jan 1998
Where an undertaking was transferred, existing liabilities arising out of the employment were transferred notwithstanding that these liabilities were not contractual. A claim for personal injuries became the responsibility of the new employer. At the same time, the right of the first employer to indemnity from his insurers was also transferred to the new employers. … Continue reading Martin v Lancashire County Council Appeal (and Cross Appeals) Bernadone v Pall Mall Services Group and Haringey Healthcare Nhs Trust and Independent Insurance Ltd: CA 16 May 2000
EAT Equal Pay Act – Addendum to principal judgment. Part timers’ claims for membership of pension schemes only made out of time. EAT Equal Pay Act – (no sub-topic). Judges: The Honourable Mr Justice Mummery Citations: Times 02-Jul-1996, EAT/6/96, EAT/5/96, [1996] UKEAT 5 – 96 – 2406 Links: EAT, Bailii Statutes: Equal Pay Act 1970 … Continue reading Fletcher and others and Preston and others v Midland Bank Plc and Wolverhampton Healthcare NHS Trust Secretary of State for Health and others: EAT 24 Jun 1996
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
An employer paying the wrong salary by mistake, led to worse treatment but not by any difference of sex which might justify or base a claim of sex discrimination. There was no reason why an employer’s own mistake could not be a sufficient factor without there being any discrimination. Citations: Ind Summary 30-Aug-1993, Times 17-Aug-1993, … Continue reading Yorkshire Blood Transfusion Service v Plaskitt: EAT 17 Aug 1993
‘Employment’ in context of a sex discrimination claim referred to a current employment contract even in context of there having been a series of repeated contracts of employment. The question was referred to the European Court of Justice. Judges: Lord Slynn of Hadley, Lord Goff of Chieveley Lord Nolan Lord Hope of Craighead Lord Clyde … Continue reading Preston and Others v Wolverhampton Healthcare NHS and Others; Fletcher and Others v Midland Bank Plc: HL 26 Feb 1998
The phrase ‘common terms of employment’ means broadly comparable terms. There is no need for them to be identical, and the phrase should be construed liberally, though there can be no general commonality where there is no commonality in terms and conditions between comparative establishments.Lord Slynn said that the terms had to be sufficiently similar … Continue reading British Coal Corporation v Smith and Others: HL 23 May 1996
An application of equal pay involved consideration of 150 comparators, and at great cost to all involved. The industrial members of the tribunal, with the support of the legal member, criticised the delay and complexity of Employment law. The growing complexity of industrial law was operating against the interests of those seeking to work within … Continue reading British Coal Corporation v Smith and Others: EAT 23 Feb 1993
The court considered the difficulties in categorising and comparing employments: ‘Having then identified the parties, having then acquainted themselves with the nature of the contractual employment, the next thing that has to be done is to look at the position in very broad general terms. The old saying that it is sometimes difficult to see … Continue reading Dorothy Perkins Ltd v Dance: 1977
EAT Equal Pay Act – Article 141 – A fixed bonus and attendance allowance payable for performance of a contractual duties during normal working hours are payable under a distinct part or term of a contract, together with the hourly rate, and not separate parts or terms. Correspondingly, for the purposes of an equal pay … Continue reading Redcar and Cleveland Borough Council Jarvis Plc v Degnan, Carter, Forster, Johnson: EAT 27 Jul 2004
The six months time limit for presenting a claim under the Act, ran from the cessation of employment, and not necessarily the date at which she ceased to be involved in the work in question. The words of the statute clearly referred to six months from the date of termination of employment. The words ‘work’ … Continue reading Young v National Power plc: CA 23 Nov 2000
Waite J said: ‘The concept of a contract for the engagement of personal work or labour lying outside the scope of a master-servant relationship is a wide and flexible one, intended by Parliament in our judgment to be interpreted as such.’ The concept could include somebody who was self-employed providing personal services. Judges: Waite J … Continue reading Quinnen v Hovells: 1984
School catering assistants did work which had been valued equally with that of men, but their jobs had been contracted out to direct service companies who paid them less. Held: Market pressure which required the payment of lower wages to women was a ‘material factor’ and the worse treatment did not arise from a difference … Continue reading British Coal Corporation and Others, North Yorkshire County Council v Ratcliffe and Others: CA 11 May 1994
The claimants had had their employments transferred to another body under TUPE. They complained that their pension rights had been discriminatory. The employer appealed a finding that their claim had not been out of time. Held: The effect of the Regulations was to transfer all employment rights unchanged save only the pension obligations. The pension … Continue reading Preston and others v Wolverhampton Healthcare NHS Trust and Others (No 3): CA 7 Oct 2004
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
Female teachers carried out the work of principal teachers but had not been appointed to the promoted post and were paid less than they would have received had they been so appointed. They claimed equal pay with male comparators who were appointed principal teachers. Like work was established and it was agreed that disparity in … Continue reading Strathclyde Regional Council v Wallace: HL 1988
Phillips J considered an alteration to the terms of an employment contract, saying: ‘One then goes on to see what the effect as prescribed is, and it is that that term, so identified, in the appellants’ contracts shall be treated, as so modified, as not to be less favourable. It seems to us that the … Continue reading Sorbie v Trust House Forte Hotels: EAT 1976
The claimants had been employed by the respondent as caretakers and cleaners. Their work unit was transferred to an outside contractor. They claimed under equal pay legislation, and now appealed dismissal of their claim. Held: Some caretakers were still employed on an earlier scheme under which they continued to receive bonus payments. The applicants did … Continue reading Douglas and Others v Islington London Borough Council: EAT 23 Apr 2004
Three school dinner ladies had been employed by the Council at National Rates of pay and conditions. Their work which was almost exclusively carried out by females had been rated as of equal value to that of men employed by the council at various establishments. Following compulsory tendering the council declared some of the catering … Continue reading Ratcliffe and Others v North Yorkshire County Council: HL 7 Jul 1995
This appeal raises a short point of law concerning the temporal scope of a pay comparison in proceedings based on equal pay for work of equal value brought under the Equal Pay Act 1970. The Claimants sought arrears of pay dating back to 2002, comparing themselves with two comparators in post from that time and … Continue reading Reading Borough Council v James and Others: EAT 7 Jun 2018
A tribunal having decided not to call for expert evidence as to the situation of comparators in an equal pay claim, dismissed the application after deciding that the appellants had no reasonable prospect of success. This was wrong, and it failed to recognise the two stages of the procedure, which should have later allowed the … Continue reading Wood and others v William Bell Ltd: EAT 8 Dec 1999
The appellants said they had been had been discriminated against on the grounds of their sex by the TUPE Regulations. Their discrimination cases had been dismissed as out of time. Held: The employees’ appeals were dismissed: ‘A statute cannot speak with two different voices at one and the same time. The rule that section 2(4) … Continue reading Powerhouse Retail Ltd and others v Burroughs and others; Preston and others v Wolverhampton Healthcare NHS Trust and others (No 3): HL 8 Mar 2006
EAT EQUAL PAY ACT – Case managementThis appeal by some of the Claimants in a multiple equal pay claim, from a judgment on a PHR, raised the important question of the meaning of section 1(2) of the Equal Pay Act, as interpreted by the House of Lords in Hayward v Cammell Laird Shipbuilders Ltd [1988], … Continue reading Brownbill and Others v St Helens and Knowsley Hospital NHS Trust: EAT 6 Aug 2010
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
EAT Practice and Procedure – CompromiseEqual Pay Act – Work rated equivalent; Damages/Compensation This case raises three issues, two of which are of particular significance in the field of equal pay.Do employees whose jobs are rated as equivalent under a job evaluation scheme have the right to seek compensation going back up to six years … Continue reading Bainbridge and others v Redcar and Cleveland Borough Council: EAT 23 Mar 2007
EAT Equal Pay Act – UNLAWFUL DEDUCTION FROM WAGES CONTRACT OF EMPLOYMENT – Wrongful dismissal Equal Pay – Unauthorised deductions – Notice entitlement Upon her initial appointment with the Respondent, in 2005, the Claimant’s contract had stated she was on a different level of pay to that which was in fact paid to her. As … Continue reading Yovonie v East Sussex Healthcare Nhs Trust: EAT 25 Feb 2016
EAT Equal Pay Act : Article 141/European Law JURISDICTIONAL POINTS – Claim in time and effective date of termination The Employment Judge erred in directing himself in deciding whether there was a ‘stable employment relationship’ during a relevant period. He erroneously took into account features of continuity of employment within the meaning of the Employment … Continue reading Dass v The College of Haringey Enfield and North East London: EAT 27 Nov 2014
