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Discrimination: Pool of comparison to be determined by logic

This report relates to 1 case(s)

  • expand disabled

    Spicer v Government of Spain [2004] All ER (D) 526 (Jul) CA (0 other reports)

Key points

In Spicer v Government of Spain, the Court of Appeal holds:

  • In a claim under the Race Relations Act 1976, an unusual situation arose where the employer's potential defence of justification was struck out at an early stage for procedural reasons. This meant that the tribunal had no chance to test whether or not justification was made out.
  • The consequent argument by the employer that Spanish civil servants teaching in London, and paid a relocation allowance taking their pay above that of British teachers in the same school, could not form part of the same pool of comparison with those British teachers (the relocation being the factor that would have been relied upon to establish justification) had to be rejected as perverse.
  • Accordingly, the British teachers had indeed suffered a detriment as regards their pay, because it was clear that the remuneration packages of the Spanish civil servants were more generous. The matter was, therefore, remitted for an assessment of compensation.