Wilson v Health & Safety Executive and Equality and Human Rights Commission [2010] IRLR 59 CA

Reports relating to this case:

  • Equal pay: The use of a length-of-service criterion was justified for a period of five years only

    Date:
    14 December 2009

    In Wilson v Health and Safety Executive [2009] EWCA Civ 1074 CA, the Court of Appeal agreed with the EAT that the ECJ decision in Cadman allows a tribunal to examine the practical application, as well as the adoption, of a length-of-service criterion in a pay scheme. However, the EAT had set the threshold for establishing the requisite "serious doubts" about the criterion too high. To challenge the particular use of such a criterion, "the employee only has to show that there is evidence from which, if established at trial, it can properly be found that the general rule" that such a criterion is appropriate "does not apply".

  • Case of the week: Equal pay

    Date:
    13 November 2009

    This week's case of the week, provided by DLA Piper, covers equal pay.