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
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
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
The claimants sought to bring an equal pay claim, but the prospective male comparators were employed at a different establishment and under different conditions. They appealed from a decision that they had not met the threshhold to make a claim. Held: The appeal succeeded, and the claimants were to be permitted to pursue their claim. … Continue reading North and Others v Dumfries and Galloway Council (Scotland): SC 26 Jun 2013
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: 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
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
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 – Like workThe Claimant had been employed by the Respondent since 1984 before becoming Production Planning Manager at the Respondent’s Blackpool site. She brought a claim under the Equal Pay Act 1970 against the respondent comparing her position with that of existing and former production planning managers at other sites. All … Continue reading White v Burton’s Foods Ltd: EAT 6 Jul 2010
Discrimination – Shifting Burden of Proof (Preliminary Ruling) A woman was employed as a speech therapist by the health authority. She complained of sex discrimination saying that at her level of seniority within the NHS, members of her profession which was overwhelmingly a female profession, were appreciably less well paid than members of comparable professions … Continue reading Enderby v Frenchay Health Authority and Another: ECJ 27 Oct 1993
