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Comparator issue to ECJ

This report relates to 1 case(s)

The Court of Appeal in Lawrence v Regent Office Care has referred to the European Court of Justice questions as to whether employees who are now employed by private contractors, including former employees of a county council, are entitled to bring an equal pay claim relying on Article 141 of the EC Treaty to compare themselves with current employees of the council whose work had been rated as of equal value to their own.

Section 1(6) of the Equal Pay Act 1970 limits the potential comparator for an equal pay claim to employees in the same establishment as the complainant, or employees who are employed in an establishment of an associated employer provided common terms and conditions of employment are observed.