Equal pay: Equal pay compensation can be backdated for six years
This report relates to 1 case(s)
Levez v TH Jennings (Harlow Pools) Ltd (No.2)  IRLR 764 EAT (2 other reports)
The two-year limitation on backdated compensation contained in s.2(5) of the Equal Pay Act is a restriction on an applicant's right to have a full and effective remedy for breach of the European Community equal pay principle, holds the EAT in Levez v TH Jennings (Harlow Pools) Ltd (No.2) and Hicking v Basford Group Ltd (in receivership) 1.10.99 EAT 812/94 and 311/99. That limitation is less favourable than comparable domestic claims for breach of contract, unlawful deductions from wages and race or disability discrimination, for which compensation can be sought for a period going back six years. It is, therefore, a breach of the general EC law principle of equivalence, and, as such, is unenforceable.