The claimants had been employed by the respondent as caretakers and cleaners. Their work unit was transferred to an outside contractor. They claimed under equal pay legislation, and now appealed dismissal of their claim.
Held: Some caretakers were still employed on an earlier scheme under which they continued to receive bonus payments. The applicants did not. When a comparator was chosen, the job of jobbing assistant was used but evaluated locally not nationally. This was a material departure from the proper procedure. The Act required the evaluation of the claimants’ and comparators’ jobs to be within the same study. If not there would not be comparison of like with like. The decision stood.
Judges:
Rimer J, P R A Jacques, R A Vickers
Citations:
Times 27-May-2004
Statutes:
Jurisdiction:
England and Wales
Discrimination
Updated: 30 April 2022; Ref: scu.198420
