Pay and grading systems

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  • Seniority-based structure discriminated

    Date:
    1 June 2000
    Type:
    Law reports

    A Birmingham employment tribunal (Chair: A B Rees) in Crossley v ACAS finds that a service-based pay structure which indirectly discriminated against women could not be objectively justified and upholds a claim of equal pay from a woman who, because of her shorter service, was paid substantially less than her male comparators employed on like work.

  • Operation of equality clause

    Date:
    1 March 1999
    Type:
    Law reports

    In Evesham v North Hertfordshire Health Authority and Secretary of State for Health the EAT has ruled that the terms of a successful equal value complainant should mirror those of her comparator. She is not entitled to be placed at a point on the comparator's pay scale as is appropriate for her own service.

  • Discrimination against former jobsharers

    Date:
    1 September 1998
    Type:
    Law reports

    In Hill v Revenue Commissioners (17 June 1998) EOR81B, the European Court of Justice holds that rules which treat full-time workers who previously jobshared disadvantageously compared with other full-time workers, must in principle be treated as contrary to Article 119 of the EC Treaty, and that indirect sex discrimination cannot be justified on cost grounds.

  • Equal value despite lower score

    Date:
    1 June 1998
    Type:
    Law reports

    A female speech therapist whose job was scored 55 compared with 56.5 for her male comparator's job by an independent expert, as adjusted, was employed on work of equal value because there was no "overall measurable and significant differences" in job demands, holds a London South industrial tribunal (Chair: E R Donnelly) in Worsfold v (1) Southampton District Health Authority and (2) Secretary of State for Health.

  • Family experience relevant

    Date:
    1 December 1997
    Type:
    Law reports

    A local education authority indirectly discriminated on grounds of sex by refusing to value a woman's unpaid experience in raising a family when it awarded incremental points for "relevant experience", a Carmarthen industrial tribunal (Chair: M Thomas) decides in Charles v Pembrokeshire County Council and Governors of Haverfordwest VC School.

  • Discrimination against part-timers

    Date:
    1 December 1997
    Type:
    Law reports

    The European Court of Justice has ruled that German legislation on public sector employment, under which part-time employees had to complete a longer period of service than full-time workers in order to be eligible for promotion and exemption from a qualifying examination, is indirectly discriminatory.

  • Discriminatory policy is continuing act

    Date:
    1 December 1995
    Type:
    Law reports

    In Owusu v London Fire & Civil Defence Authority the EAT has held that an act extends over a period, for time limit purposes, if it takes the form of some policy, rule or practice, in accordance with which decisions are taken.

  • Administrative error justifies pay difference

    Date:
    1 March 1995
    Type:
    Law reports

    In Young v University of Edinburgh the EAT finds that an employer can establish a defence to an equal pay claim by showing that the difference in pay was genuinely due to an administrative error, which the employer could not rectify without creating further anomalies.

  • Less than 100% can be "equal" value

    Date:
    1 June 1993
    Type:
    Law reports

    Women warehouse operatives whose work was evaluated as scoring three points less than the work of their male comparator were employed on work of equal value, rules a Bedford industrial tribunal (Chair: C Tribe) in Pickstone and others v Freemans plc.

  • Grading decision is one-off act

    Date:
    1 September 1992
    Type:
    Law reports

    In Sougrin v Haringey Health Authority (4 June 1992) EOR45C, the Court of Appeal rules that a discriminatory grading decision is an act of discrimination with continuing consequences rather than a continuing act of discrimination for time-limit purposes.

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HR and legal information and guidance relating to pay and grading systems.