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Hovell v Ashford and St Peter’s Hospital NHS Trust: EAT 13 Aug 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 Whether requirement for Independent Expert ought to be withdrawn.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

Dumfries and Galloway Council v North and Others: EAT 24 Apr 2009

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

British Coal Corporation v Smith and Others: HL 23 May 1996

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

Reading Borough Council v James and Others: EAT 7 Jun 2018

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

Hovell v Ashford and St Peter’s Hospital NHS Trust: CA 9 Jul 2009

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

Glasgow City Council and Others v Marshall and Others: HL 8 Feb 2000

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