In Springboard Sunderland Trust v Robson (23 March 1992) EOR44D, the EAT holds that in determining whether two jobs have been given an equal value under an employer's job evaluation so as to be regarded as "work rated as equivalent", it is necessary to have regard to the full results of the job evaluation scheme, including the allocation to grade or scale at the end of the evaluation process.
In Sougrin v Haringey Health Authority (31 July 1991) EOR40B, the EAT rules that the time for complaining about a grading appeal runs from the date of the appeal and that an employee who alleges that she has been placed on a lower grade than a colleague on grounds of race could not be regarded as having been subjected to a continuing act of discrimination.
In McAuley and others v Eastern Health and Social Services Board (3 May 1991) EOR40C, the Northern Ireland Court of Appeal holds that a job evaluation study can only be used to block an equal value complaint by employees in the undertaking or groups of undertakings in respect of which the study was undertaken.
In Nimz v Freie und Hansestadt Hamburg (7 February 1991) EOR38A, the European Court of Justice holds that where using service as a pay criterion has a disparate impact upon women, the employer must justify it by showing a relationship between the nature of the work performed and the experience gained by performing the work.
In McPherson v Rathgael Centre for Children and Young People and Northern Ireland Office (Training Schools Branch) (5 December 1990) EOR37A, the Northern Ireland Court of Appeal rules that it is not a defence to an equal pay claim for the employer to show that the reason the applicant is paid less than her comparator is due to a genuine error.
In Dibro Ltd v Hore and others (22 January 1990) EOR31F, the EAT holds that an employer's job evaluation is admissible in evidence at any time up until the final hearing of an equal value complaint.
In Handels- og Kontorfunktionaerernes Forbund i Danmark v Dansk Arbejdsgiverforening (acting for Danfoss) (17 October 1989) EOR29A, the European Court of Justice holds that where criteria for individual pay increments for men and women employed on equal work disadvantage women on average, the burden is on the employer to show that the criteria are objectively justified and not discriminatory.
In Avon County Council v Foxall and others (19.4.89) EOR26C, the EAT holds that as a matter of discretion it would not be right to order that equal value complaints be stayed pending the implementation of a job evaluation scheme.
In (1) Clark v Bexley Heath Authority and Secretary of State for Health and (2) Enderby v Frenchay Health Authority and Secretary of State for Health (1.2.89) EOR24E, a London South industrial tribunal holds that the employers had established a material factor defence within the meaning of s.1(3) of the Equal Pay Act 1970 by showing that the variation in pay between NHS speech therapists and their comparators, pharmacists and clinical psychologists, was due to historical differences in the bargaining structures.
In Reed Packaging Ltd v Boozer and Everhurst (18.3.88) EOR21B, the EAT holds that the existence of separate pay structures for hourly-paid and staff employees amounted to a genuine material factor defence justifying unequal pay. The EAT also rules that where an employer makes out a defence under s.1(3) at a preliminary hearing, there is no need to refer the complaint to an independent expert.
HR and legal information and guidance relating to pay and grading systems.