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 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 – 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
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
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
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
EAT Equal pay in the North East. Women whose jobs had been rated as equivalent with comparator men (and in some cases had been rated higher) were paid less because of the effect of bonuses and other extra payments known as attendance allowances and wet weather payments. Disparate impact was conceded and indeed, in the … Continue reading Redcar and Cleveland Borough Council v Bainbridge and others: EAT 16 Oct 2006
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
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
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
The parties had gone through a ceremony of marriage in Columbia, being both women. After the relationship failed, the claimant sought a declaration that the witholding of the recognition of same-sex marriages recoginised in a foreign jurisdiction was an infringement of her human rights. Held: Such a relationship is recognised in England as a civil … Continue reading Wilkinson v Kitzinger and others: FD 31 Jul 2006
EAT Equal Pay Act : Material Factor Defence and Justification – A female professor claimed equal pay under the Equal pay Act 1970 with two male professors at the college where she taught and researched. They were assumed to be engaged on like work/work of equal value. In each of their cases, significant sums in … Continue reading Bradley v Royal Holloway and Bedford New College, University of London: EAT 30 Apr 2014
The claimant was a post operative male to female trans-sexual. She claimed that her human rights were infringed when she was still treated as a man for National Insurance contributions purposes, where she continued to make payments after the age at which a woman would have ceased payments thus causing harassment. A second claimant again … Continue reading Goodwin v The United Kingdom: ECHR 11 Jul 2002
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
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
Extension oh Human Rights Beyond Borders The appellants complained that the system set up by the respondent where Home Office officers were placed in Prague airport to pre-vet applicants for asylum from Romania were dsicriminatory in that substantially more gypsies were refused entry than others, and that it was contrary to the obligations of the … Continue reading Regina v Immigration Officer at Prague Airport and another, ex parte European Roma Rights Centre and others: HL 9 Dec 2004
The claimants, female police officers, complained that male officers had received priority payments where they had received none. The defendant said that the payments were justified in achieving a proper aim, namely the encouragement of night working. Held: The claimants’ appeal failed. The distinction was as to payments made to reward 24/7 working. This was … Continue reading Blackburn and Another v West Midlands Police: CA 6 Nov 2008