Redcar and Cleveland Borough Council v Bainbridge and others (‘Bainbridge 1’): CA 29 Jul 2008

Pay protection provisions are commonly adopted, and provided any differential in pay does not continue for too long, they may justify what would otherwise be unlawful indirect discrimination.

Judges:

Mummery, Smith, Lindsay LJJ

Citations:

[2008] EWCA Civ 885, [2008] IRLR 776, [2009] ICR 133

Links:

Bailii

Jurisdiction:

England and Wales

Citing:

See AlsoRedcar and Cleveland Borough Council v Bainbridge and others EAT 16-Oct-2006
EAT Equal pay in the North East. Women whose jobs had been rated as equivalent with comparator men (and in some cases had been rated higher) were paid less because of the effect of bonuses and other extra . .
See AlsoRedcar and Cleveland Borough Council v Bainbridge and others EAT 15-Nov-2006
. .
See AlsoBainbridge and others, Redcar and Cleveland Borough Council v Redcar and Cleveland Borough Council, Williams and others EAT 31-Jan-2007
EAT Practice and Procedure – Compromise. . .
See AlsoBainbridge and others v Redcar and Cleveland Borough Council EAT 23-Mar-2007
EAT Practice and Procedure – Compromise
Equal Pay Act – Work rated equivalent; Damages/Compensation
This case raises three issues, two of which are of particular significance in the field of equal . .
See AlsoRedcar and Cleveland Borough Council v Bainbridge and others CA 21-Sep-2007
The council appealed against a finding of discrimination under the 1970 Act, saying it was impermissible to use as a comparator somebody found after a job evaluation study to be of a different, but lower grade, but with higher pay.
Held: The . .
CitedEnderby 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:

CitedBarts and The London NHS Trust v Verma CA 12-Oct-2011
The doctor, originally qualified as a dentist, had achieved a contractual status as a surgeon with the Trust. When required to retrain, she complained that contrary to the NHS Terms for the employment of doctors, her pay grade had not been . .
Lists of cited by and citing cases may be incomplete.

Discrimination, Employment, Local Government

Updated: 18 July 2022; Ref: scu.271225