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Equal pay

New and updated

  • Date:
    28 July 2008
    Type:
    Employment law cases

    Equal pay: Claimant cannot rely on hypothetical comparator

    In Walton Centre for Neurology and Neurosurgery NHS Trust v Bewley [2008] IRLR 588, the EAT held that the decision in Diocese of Hallam Trustee v Connaughton was fundamentally flawed and should not be followed.

  • Date:
    10 March 2008
    Type:
    Employment law cases

    Equal pay: Pitfall of unpaid overtime for part-timers

    In Voss v Land Berlin C-300/06, the ECJ ruled that legislation under which overtime pay arrangements result in a part-timer being paid less overall than a comparable full-timer for the same number of hours potentially contravenes the principle of equal pay enshrined in art. 141 of the Treaty establishing the European Community.

  • Date:
    13 November 2007
    Type:
    Employment law cases

    Grundy v British Airways plc

    The Court of Appeal has held that, in assessing whether or not there is a difference in pay that disadvantages women, there is no requirement to focus only on the advantaged group.

  • Date:
    29 October 2007
    Type:
    Employment law cases

    Equal pay: Employees may rely on comparators rated lower under a job evaluation study

    The Court of Appeal ruled in Redcar and Cleveland Borough Council v Bainbridge and others [2007] EWCA Civ 929 that a woman claiming equal pay may rely on a job evaluation study even where the woman's job has been assigned a higher value than that of her comparator.

  • Date:
    2 October 2007
    Type:
    Employment law cases

    Equal pay: Meaning of 'same employment'

    In South Tyneside Metropolitan Borough Council v Anderson and others [2007] IRLR 715, the Court of Appeal has held that employees and their comparators who worked at different establishments, but whose contractual terms and conditions were derived from the same collective agreement, were in the same employment within the meaning of s.1(6) of the Equal Pay Act 1970.

  • Date:
    11 July 2007
    Type:
    Employment law cases

    Victimisation: Employer went beyond what was reasonable

    In St Helens Metropolitan Borough Council v Derbyshire and others [2007] IRLR 504 HL, the House of Lords held that an employer that wrote to a number of equal pay litigants and their colleagues warning of potential job losses if they continued with their claims victimised them contrary to the Sex Discrimination Act 1975.

  • Date:
    27 June 2007
    Type:
    Employment law cases

    Equal pay: Job evaluation scheme did not have retrospective effect

    In 1) Bainbridge & Ors 2) Redcar & Cleveland Borough Council v 1) Redcar & Cleveland Borough Council 2) Williams EAT/0424/06 & EAT/0031/07 the Employment Appeal Tribunal held that successful equal pay claims confer the right to up to six years' back pay prior to the institution of proceedings.

  • Date:
    2 March 2007
    Type:
    Employment law cases

    Equal pay: case law update

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

  • Date:
    15 December 2006
    Type:
    Employment law cases

    Equal pay: Length of service criterion need not be specifically justified

    In Cadman v Health and Safety Executive Case C-1705 ECJ, the European Court of Justice held that it is not necessary for an employer to justify use of length of service as a criterion for determining the pay of workers doing work of equal value unless a worker provides evidence that raises serious doubts as to its appropriateness as a basis for determining pay.

  • Date:
    3 February 2006
    Type:
    Employment law cases

    Equal pay: case law update

    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.