Once a tribunal in a discrimination claim has found that there is broadly similar work, the tribunal must then consider whether there are differences amounting to practical importance. Phillips J P said: ‘trivial differences or differences not likely in the real world to be reflected in the terms and conditions of employment, ought to be disregarded. In other words, once it is determined that work is of a broadly similar nature it should be regarded as being ‘like work’ unless the differences are plainly of a kind which the industrial tribunal in its experience would expect to find reflected in the terms and conditions of employment. This last point requires to be emphasised . . The only differences which will prevent work which is of a broadly similar nature from being ‘like work’ are differences which in practice will be reflected in the terms and conditions of employment.’
Phillips J P
[1976] UKEAT 346 – 76 – 1076, [1977] 2 WLR 26, [1977] QB 852, [1976] IRLR 366, (1976) 11 ITR 316, [1977] 2 All ER 11
Bailii
England and Wales
Employment, Discrimination
Leading Case
Updated: 10 November 2021; Ref: scu.392854