This is a preview. To continue reading please log in or Register to read this article

Equal pay: Can workers transferred on contracting out compare their pay with that of retained workers?

This report relates to 1 case(s)

  • expand

    Lawrence and others v Regent Office Care Ltd and others [2000] IRLR 608 CA (1 other report)

    • Comparator issue to ECJ

      Date:
      1 March 2001

      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.

In Lawrence and others v Regent Office Care Ltd and others 21.6.00 Court of Appeal, the Court of Appeal refers to the European Court of Justice the question of whether or not female workers employed by contractors in the provision of services contracted out by a council can compare their pay with that of male workers in the council's employment whose work is of equal value to theirs. Is Article 141 of the EC Treaty directly applicable in these circumstances so that it can be relied on by the women to enable them to make the comparison?

Ms Lawrence and 446 other women ("the applicants") are or were employed in the provision of cleaning and catering services in schools in North Yorkshire by Regent Office Care Ltd, Commercial Catering Group Ltd and Mitie Secure Services Ltd ("the companies").