EAT EQUAL PAY ACT: part time pensions
The Teachers’ Pension Scheme did not distinguish part-timers and full-timers, save for one rule which applied to teachers who retire and return to work. If the work was part-time it was not reckonable for pension, whereas full-time was. The agreed disadvantaged group was of part-time returners. As a matter of logic, the advantaged group, making up the rest of the pool, was full-time returners. A pool which included those under retirement age and still working did not test the discrimination alleged by the Claimant. Employment Tribunal Judgment reversed.
Over 13 years, an average proportion of 42.45 per cent of the disadvantaged pool were men and an average proportion of 57.55 per cent were women, a disparity of roughly 15 per cent. The EAT, agreeing with the Employment Judge’s tentative view, held the Claimant had shown disparate impact. The preliminary points were decided in the Claimant’s favour 14 years after the rule applied to her. The claim was remitted for Hearing of the case and of the Respondents’ defence of justification.
Citations:
[2008] UKEAT 0046 – 08 – 0310
Links:
Citing:
Cited – Securicor Omega Express Ltd v GMB (A Trade Union) EAT 7-Apr-2003
EAT The company decided to close two branches and make redundancies. They presented the closure itself as a fait accompli to the union representatives. The Tribunal found that this involved a failure to consult . .
Lists of cited by and citing cases may be incomplete.
Employment
Updated: 19 July 2022; Ref: scu.276689