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Criteria for cross-establishment equal pay claim

This report relates to 1 case(s)

In Leverton v Clwyd County Council (15.12.88) EOR24C, the House of Lords rules that whether there are "common terms and conditions" observed between two establishments so as to enable an equal pay comparison to be made requires a "broad" comparison between the terms observed at the two establishments, applicable either to all the employees or employees of the class to which the complainant and her comparator belong. The appropriate comparison is not between the complainant's terms and those of her comparator. Terms governed by the same collective agreement are the "paradigm" of common terms and conditions. The House if Lords also holds that differences in hours of work and holidays can provide a valid defence for unequal pay.