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Equal pay limit threatened

This report relates to 1 case(s)

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    Levez v TH Jennings (Harlow Pools) Ltd [1999] IRLR 36 ECJ (2 other reports)

    • Firms likely to face claims for sizeable back payments

      21 January 2003

      Government consultation setting a six-year limit for equal pay compensation does not go far enough and is likely to be challenged by the European Court of Justice.

    • Equal pay: Two-year limit on backdated compensation disapplied

      1 January 1999

      European Community law precludes the application of the Equal Pay Act's limitation on an employee's entitlement to arrears of remuneration or damages to the two-year period prior to the date on which the proceedings are instituted, there being no possibility of extending that period, where the delay in bringing a claim is attributable to the fact that the employer deliberately misrepresented to the employee the level of remuneration received by persons of the opposite sex performing like work, rules the European Court of Justice in Levez v TH Jennings (Harlow Pools) Ltd.

In Levez v TH Jennings (Harlow Pools) Ltd (1 December 1998) EOR83C, the European Court of Justice casts doubt on the lawfulness of the two-year limit on arrears of remuneration in s.2(5) of the Equal Pay Act 1970.