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 Whether requirement for Independent Expert ought to be withdrawn.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

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

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

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

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 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

The claimant appealed against dismissal of her claim for equal pay. The tribunal had said that she had failed to provide evidence from an independent expert that her work was of equal value to that of a comparator. Held: On the facts, the appeal failed, though the tribunal had been wrong to say that such … Continue reading Hovell v Ashford and St Peter’s Hospital NHS Trust: CA 9 Jul 2009

Although instructors in special schools, carried out work of a broadly similar nature to qualified teachers, and the majority were women, they were not entitled to an equality of pay clause, since there was no evidence of sex discrimination, and the employers were not required under the section to establish a good reason for the … Continue reading Glasgow City Council and Others v Marshall and Others: HL 8 Feb 2000