Common terms and conditions test
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British Coal Corporation v Smith and others [1996] IRLR 404 HL (1 other report)
In British Coal Corporation v Smith and others (22 May 1996) EOR68B, the House of Lords rules that "common terms and conditions of employment" within the meaning of s.1(6) of the Equal Pay Act 1970 means terms and conditions which are substantially comparable on a broad basis, rather than the same terms and conditions. The House of Lords also upholds a finding that the employers had failed to establish a defence under s.1(3) of the Equal Pay Act based on separate collective bargaining structures.
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