Once unequal treatment had been established it was necessary to take each clause of the contract of the claimant and the comparator and to remove any lesser treatment. Nevertheless, where pay was to be calculated according to a scale including annual increments, the comparison was to be taken at the date of the complaint. There would be no adjustment to place the claimant on the scale at the same spline, since this would in effect reward the claimant twice.
Judges:
Roch, Ward, Gage LJJ
Citations:
Times 29-Feb-2000, [2000] EWCA Civ 45, [2000] IRLR 257, [2000] ICR 612
Links:
Statutes:
Jurisdiction:
England and Wales
Citing:
See Also – Enderby v Frenchay Health Authority and Another ECJ 27-Oct-1993
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 . .
Cited by:
See Also – Enderby v Frenchay Health Authority and Another ECJ 27-Oct-1993
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 . .
Lists of cited by and citing cases may be incomplete.
Discrimination
Updated: 31 May 2022; Ref: scu.147078
