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Equal pay: Equal pay claim can be brought on contingent basis

This report relates to 1 case(s)

  • expand disabled

    South Ayrshire Council v Milligan [2003] IRLR 153 CS (0 other reports)

Key points

  • In South Ayrshire Council v Milligan [2003] IRLR 153, the Court of Session holds that an employment tribunal was entitled to find that a male primary school head teacher could claim equal pay with male secondary school head teachers by naming as comparator a female colleague on the same or less pay than himself, but who, in her own equal pay claim, had cited as comparators those male secondary school head teachers.
  • The female colleague was a valid comparator in such a claim because it was a contingent claim founded on the success of her own indirect discrimination claim against the employer.