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Abbott and others v Cheshire and Wirral Partnership NHS Trust

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    Abbott and others v Cheshire and Wirral Partnership NHS Trust [2006] All ER (D) 140 (Jan) EAT (0 other reports)

equal pay | failure to pay bonuses | objective justification

In Abbott and others v Cheshire and Wirral Partnership NHS Trust [2006] All ER (D) 140 (Jan) EAT, the Employment Appeal Tribunal (EAT) has held that an employment tribunal in an equal pay claim failed to consider the balance between the discriminatory effect of not paying bonuses to a group of employees and the objective justification for that decision.

Domestic staff at two hospitals were paid bonuses. They were transferred to outside contractors and lost their bonus entitlement. Employees who remained in the employment of the health service continued to receive them.