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Equal pay: Transferred workers cannot compare their pay with retained workers

This report relates to 1 case(s)

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    Lawrence and others v Regent Office Care Ltd and others [2002] IRLR 822 ECJ (6 other reports)

    • Equal pay: case law update

      Date:
      2 March 2007

      This article looks at some of the significant judgments in the area of equal pay over the past year and their implications.

    • Equal pay: case law update

      Date:
      3 February 2006

      We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.

    • Equal value update

      Date:
      1 May 2003

      Kate Godwin charts the recent developments on equal pay and reports on key equal value cases.

    • EC: ECJ case law round-up

      Date:
      1 January 2003

      In our latest round-up of decisions from the European Court of Justice (ECJ), we look at cases on equal pay, the principle of equal treatment as related to working conditions, the meaning of a transfer for the purposes of the business transfers Directive and, finally, guarantee payments to employees following the insolvency of their employers.

    • Case round-up: equal pay claims

      Date:
      29 October 2002

      This week's case round-up looks at equal pay claims.

    • Cross-employer comparison rejected

      Date:
      1 October 2002

      In Lawrence and others v Regent Office Care Ltd and others (17 September 2002), the European Court of Justice has ruled that former employees of a county council, who are now employed by private contractors, are not entitled to bring an equal pay claim relying on Article 141 of the EC Treaty comparing themselves with current employees of the council whose work had been rated as equivalent to their own.

Key points

  • Article 141 of the EC Treaty of Rome is not limited to situations where men and women work for the same employer, but it does not cover the situation where pay differences between equal pay claimants and their comparators cannot be attributed to a single source, so that there is no single body responsible for the inequality and which can restore equal treatment, the European Court of Justice holds in Lawrence and others v Regent Office Care Ltd and others [2002] IRLR 822.
  • The work and pay of those workers could not be compared on that basis, despite the other distinguishing features present in this case, namely that the work performed by the claimants for the transferee employer was identical to that which they had performed previously for the transferor, and that the work had been recognised as being of equal value to that performed by their male comparators retained in the transferor's employment.