Equal pay: The use of a length-of-service criterion was justified for a period of five years only
This report relates to 1 case(s)
In Wilson v Health and Safety Executive  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".