Equal pay: case law update

This report relates to 13 case(s)

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  Alabaster v Barclays Bank plc and Secretary of State for Social Security (No.2) [2005] IRLR 576 CA (3 other reports)

  • Maternity leave and equal pay: Male comparator not required in maternity pay claim

    Date:

    24 June 2005

    In Alabaster v Barclays Bank plc, the Court of Appeal holds that the answer to the problem of how to enable an employee effectively to enforce her right to claim arrears of maternity pay (owed to her as a result of a failure to take into account a pay rise awarded before her maternity leave started, but after the reference period for calculating her maternity pay had ended) lay in removing the requirement in s.1(1) of the Equal Pay Act 1970 for her to point to a male comparator.

  • No need for male comparator in maternity equal pay claims

    Date:

    1 June 2005

    In Alabaster v Barclays Bank plc and the Secretary of State for Social Security (3 May 2005), the Court of Appeal holds that in equal pay claims relating to maternity, the requirement for a male comparator in s.1 of the Equal Pay Act should be disapplied in order to comply with art. 141 of the EC Treaty.

  • Ruling leads to changes in SMP pay rise awards

    Date:

    10 May 2005

    Catherine Taylor, employment partner at Olswang, looks at the implications for employers of the recent adjustment of domestic law to comply with the ECJ's ruling that pay rises must be reflected in statutory maternity pay.

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  Armstrong and others v Newcastle upon Tyne NHS Hospital Trust [2006] IRLR 124 CA (1 other report)

  • Equal pay: case law update

    Date:

    2 March 2007

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

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  Bailey and others v Home Office [2005] IRLR 369 CA (2 other reports)

  • Equal pay: case law update

    Date:

    2 March 2007

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

  • Equal pay: Broad approach to finding prima facie pay discrimination

    Date:

    10 June 2005

    In Bailey and others v Home Office, the Court of Appeal holds that the tribunal was correct to hold that the Home Office was required to show that there was a genuine material factor which was not the difference of sex and which objectively justified the less favourable terms of the claimants' contracts, who had been evaluated as performing work of an equal value to their male comparators, but who were paid at a lower rate.

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  Degnan and others v Redcar and Cleveland Borough Council [2005] IRLR 615 CA (1 other report)

  • Equal pay: Attendance allowance is part of single term with basic pay and bonus

    Date:

    16 September 2005

    In Degnan and others v Redcar and Cleveland Borough Council, the Court of Appeal holds that an attendance allowance paid to male comparators on work rated as equivalent to that of female employees constituted a single term of their contract for the purpose of comparison with the women's terms under the Equal Pay Act 1970.

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  Elsner-Lakeberg v Land Nordrhein-Westfalen [2005] IRLR 209 ECJ (1 other report)

  • Additional-hours threshold for paid overtime must be pro-rated

    Date:

    2 July 2004

    The ECJ continues to define the scope of the principle of equal pay for men and women, as enshrined in Article 141 of the Treaty of Rome, as it applies to part-time workers. The most recent ECJ judgment is that in Elsner-Lakeberg v Land Nordrhein-Westfalen.

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  Grundy v British Airways plc and other appeals [2005] All ER (D) 94 (Aug) EAT (1 other report)

  • Equal pay: Tribunal focused wrongly on disadvantaged group

    Date:

    28 October 2005

    In British Airways plc v Grundy and others, the EAT holds that the tribunal had wrongly focused on the gender composition of the disadvantaged group in making findings of disparate impact.

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  Jämställdhetsombudsmannen v Örebro Läns Landsting [2000] IRLR 421 ECJ (2 other reports)

  • Basic salary to be compared

    Date:

    1 September 2000

    The European Court of Justice has ruled in Jamstalldhetsombudsmannen v Orebro Lans Landsting that the equal pay principle applies to each of the elements of remuneration.

  • Equal pay: Inconvenient-hours supplement did not count towards basis for pay comparison

    Date:

    1 July 2000

    In Jämställdhetsombudsmannen v Örebro Läns Landsting, the European Court of Justice rules that, in comparing the pay of two midwives and that of a clinical technician assumed to be doing work of equal value, no account should be taken of the fact that the midwives were paid a supplement for working inconvenient hours and that they worked fewer hours per week. The midwives' monthly basic salary should be compared with that of their comparator.

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  Land Brandenburg v Sass [2005] IRLR 147 ECJ (2 other reports)

  • European Union: ECJ case law round-up

    Date:

    1 March 2005

    In our latest round-up of cases from the European Court of Justice, we look at cases on equal pay, maternity leave and equal treatment, the variation of terms relating to early retirement following a transfer of an undertaking, working time and European Works Councils.

  • Extended maternity leave protected by Pregnant Workers Directive

    Date:

    1 March 2005

    It is the purpose of maternity leave, not its duration, that will dictate whether or not it is maternity leave for the purposes of the protections provided by the Pregnant Workers Directive, holds the ECJ in Land Brandenburg v Sass (18 November 2004).

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  Lawrence and others v Regent Office Care Ltd and others [2002] IRLR 822 ECJ (6 other reports)

  • Equal pay: case law update

    Date:

    2 March 2007

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

  • Equal value update

    Date:

    1 May 2003

    Kate Godwin charts the recent developments on equal pay and reports on key equal value cases.

  • Equal pay: Transferred workers cannot compare their pay with retained workers

    Date:

    10 January 2003

    Article 141 of the EC Treaty of Rome is not limited to situations where men and women work for the same employer, but it does not cover the situation where pay differences between equal pay claimants and their comparators cannot be attributed to a single source, so that there is no single body responsible for the inequality and which can restore equal treatment, the European Court of Justice holds in Lawrence and others v Regent Office Care Ltd and others.

  • EC: ECJ case law round-up

    Date:

    1 January 2003

    In our latest round-up of decisions from the European Court of Justice (ECJ), we look at cases on equal pay, the principle of equal treatment as related to working conditions, the meaning of a transfer for the purposes of the business transfers Directive and, finally, guarantee payments to employees following the insolvency of their employers.

  • Case round-up: equal pay claims

    Date:

    29 October 2002

    This week's case round-up looks at equal pay claims.

  • Cross-employer comparison rejected

    Date:

    1 October 2002

    In Lawrence and others v Regent Office Care Ltd and others (17 September 2002), the European Court of Justice has ruled that former employees of a county council, who are now employed by private contractors, are not entitled to bring an equal pay claim relying on Article 141 of the EC Treaty comparing themselves with current employees of the council whose work had been rated as equivalent to their own.

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  Nikoloudi v Organismos Tilepikinonion Ellados AE Case C-196/02 ECJ (1 other report)

  • Equal treatment: Exclusion of female cleaners from permanent posts discriminatory

    Date:

    29 July 2005

    In Nikoloudi v Organismos Tilepikinonion Ellados AE, the European Court of Justice holds that, while creating categories of workers composed of persons of a single sex does not itself constitute direct discrimination, less unfavourable treatment by reference to that category will amount to direct discrimination.

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  Robertson and others v Department for Environment, Food and Rural Affairs [2005] IRLR 363 CA (3 other reports)

  • Equal pay: case law update

    Date:

    2 March 2007

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

  • Equal pay: Pay must be set by 'single source' for comparison to be legitimate

    Date:

    25 March 2005

    In Robertson and others v Department of Environment, Food and Rural Affairs, the Court of Appeal holds that the ECJ case of Lawrence v Regent Office Care sets out the correct approach to equal pay cases under art 141 of the EU Treaty. This states that male and female workers must have their pay and conditions set by a "single source" before they can make comparisons for equal pay purposes under art 141.

  • Case round-up: Equal pay and unfair dismissal

    Date:

    15 March 2005

    This week's case round-up from Eversheds, covering comparators for equal pay and time limits in unfair dismissal cases.

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  Sharp v Caledonia Group Services Ltd [2006] IRLR 4 EAT (3 other reports)

  • Equal pay: case law update

    Date:

    2 March 2007

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

  • Equal pay: Genuine material factor must be justified by objective criteria

    Date:

    17 February 2006

    In Sharp v Caledonia Group Services Ltd, the EAT holds that the employment tribunal erred in finding that the difference between the claimant's pay and that of her comparator was due to a genuine material factor that was not the difference of sex.

  • Case round-up

    Date:

    1 February 2006

    Bess Sturman and Richard Port of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.

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  SITA UK Ltd v Hope EAT/0787/04 (0 other reports)