Source: IRS Employment Review Issue: 902 Date: 28-07-2008 Publisher: IRS

Equal pay: Claimant cannot rely on hypothetical comparator

TOPICS:
pay and benefits pay levels and awards
equal opportunities sex

CASES: below is a list of cases discussed in this article. Click the case title for more XpertHR resources on the case and related cases.

Walton Centre for Neurology and Neurosurgery NHS Trust v Bewley [2008] IRLR 588 EAT (2 reports)


In Walton Centre for Neurology and Neurosurgery NHS Trust v Bewley [2008] IRLR 588, the EAT held that the decision in Diocese of Hallam Trustee v Connaughton was fundamentally flawed and should not be followed.

Key points

  • An employee was not permitted to compare herself with male comparators in respect of time pre-dating her equal pay claim when they were not in post.
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