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Equal pay: Two-year limit on backdated compensation disapplied

This report relates to 1 case(s)

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 [1999] IRLR 36. The ECJ also holds that the application of the provision will be similarly precluded, even when another remedy is available, if the latter is likely to entail procedural rules or other conditions which are less favourable than those applicable to similar domestic actions.