The applicants were head teachers employed in junior schools. They alleged sex discrimination, and sought to use as comparators head teachers from different local authorities. The comparators had been put forward on the basis that the teacher in question was male and was being paid at a higher rate for work that was like work or work of equal value.
Held: Teachers were paid under a system of nationally settled wages. That system was recognised by statute. Accordingly it was appropriate to allow applicants to take as comparators other workers who were not employed by the same employer. The case did not need to be referred to the European Court of Justice, but was instead remitted to the tribunal.
Judges:
Lord Justice-Clerk (Lord Gill), Lord MacLean and Lord Caplan
Citations:
Times 01-Mar-2002
Statutes:
Equal Pay Act 1970 1, Education (Scotland) Act 1980, EU Treaty Art 141
Jurisdiction:
Scotland
Citing:
Cited – Defrenne v Sabena (No 2) ECJ 8-Apr-1976
ECJ The principle that men and women should receive equal pay, which is laid down by article 119, is one of the foundations of the community. It may be relied on before the national courts. These courts have a . .
Cited – Commission v Denmark (Rec 1985,P 427) (Sv85-31 Fi85-31) (Judgment) ECJ 30-Jan-1985
. .
Lists of cited by and citing cases may be incomplete.
Scotland, Employment, Discrimination, European
Updated: 11 July 2022; Ref: scu.167672
