Equal pay: EAT takes liberal approach to what is "same establishment"

This report relates to 1 case(s)

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  City of Edinburgh Council v Wilkinson and others [2010] IRLR 756 EAT (1 other report)

  • Equal pay: A local authority employer must be presumed to be a single establishment for equal pay purposes unless the facts demonstrate otherwise

    Date:

    24 August 2010

    In City of Edinburgh Council v Wilkinson and others EATS/0002/09, the EAT held that the different departmental and geographical locations of the jobs held by the claimants and their comparators were not sufficient to rebut a presumption that the local authority was a single establishment. Even if that was not the case, the claimants and their comparators were engaged on common terms and conditions. Failing that, they were in the same employment because the comparators' conditions would be the same if they were to be employed at the claimants' establishments.