All items: Comparison with employees in other establishments

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  Allonby v Accrington & Rossendale College and others [2004] IRLR 224 ECJ (8 reports relating to this case)

  • 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.

  • Access to occupational pension schemes for the self-employed?

    Date:

    1 March 2004

    The European Court of Justice (ECJ) has published its ruling in Allonby v Accrington & Rossendale College.

  • Allonby v Accrington & Rossendale College and others

    Date:

    1 March 2004

    In Allonby v Accrington & Rossendale College and others [2004] IRLR 224 ECJ, the European Court of Justice held that a female lecturer employed via an agency could not claim equal pay in relation to a male lecturer employed directly by the college. The employment agency and the college could not be construed as being the same employer, and the differences in equal pay could not be attributed to a single source, so there was no single body responsible for the inequality.

  • Agency worker is entitled to membership of pension scheme

    Date:

    1 March 2004

    In Allonby v Accrington & Rossendale College and others, the European Court of Justice (ECJ) rules that a lecturer employed through an agency could not claim equal pay with lecturers employed directly by the college, but she could claim entitlement to join the lecturers' statutory pension scheme even though it was open only to those with a contract of employment.

  • ECJ decides on agency workers' rights

    Date:

    6 February 2004

    The ECJ has delivered its decision in the case of Allonby.

  • Case round-up: identity of the employer in a tribunal claim; and equal pay for an agency worker

    Date:

    3 February 2004

    This week's case round-up from Eversheds, covering: the identity of the employer in a tribunal claim; and equal pay for an agency worker.

  • Part-timers, equal pay and pensions

    Date:

    1 February 2004

    There have been two recent decisions on part timers' access to pension schemes under equal pay legislation; one from the European Court (ECJ) and another from the Employment Appeal Tribunal (EAT).

  • Case round up

    Date:

    1 February 2004

    Our resident experts at Pinsents bring you a comprehensive update on all the latest decisions that could affect your organisation, and advice on what to do about them.

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  Allonby v Accrington and Rossendale College [2000] EAT (1 report relating to this case)

  • Equal pay: Comparator employed by different employer from claimant was not in "same employment"

    Date:

    15 July 2000

    A man employed by a college was not employed in the "same employment", within the meaning of the Equal Pay Act 1970, as a woman who was employed by a company which supplied her under a contract made with the college, holds the EAT in Allonby v Accrington & Rossendale College and others.

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  Allonby v Accrington and Rossendale College [2001] IRLR 364 CA (4 reports relating to this case)

  • Sex discrimination and equal pay: Inadequate explanation of why condition for avoiding dismissal was objectively justified

    Date:

    1 June 2001

    An employment tribunal erred in deciding that the sexually discriminatory condition of being in salaried as opposed to hourly-paid employment to avoid dismissal was objectively justifiable, holds the Court of Appeal in Allonby v Accrington & Rossendale College and others.

  • Contract worker can compare with employees

    Date:

    1 June 2001

    In Allonby v Accrington & Rossendale College the Court of Appeal has ruled that an employer can be liable under the Sex Discrimination Act for discriminating against a contract worker by offering her terms and conditions which are less favourable than those offered to its own employees.

  • Employer must show "real need"

    Date:

    1 June 2001

    In Allonby v Accrington & Rossendale College the Court of Appeal has held that once an employment tribunal has made a finding that a requirement or condition has a disparate impact on women, the tribunal is obliged to make a critical evaluation of whether the employers' reasons for imposing the conditions demonstrated a "real need".

  • Comparator claim to ECJ

    Date:

    1 June 2001

    In Allonby v Accrington & Rossendale College, the Court of Appeal has referred two questions on equal pay to the European Court of Justice.

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  Armstrong and others v Newcastle Upon Tyne NHS Hospital Trust [2004] All ER (D) 239 (Nov) EAT (1 report relating to this case)

  • Equal pay/TUPE: Hospitals in same trust not in same 'establishment'

    Date:

    27 May 2005

    In Armstrong and others v Newcastle upon Tyne NHS Hospital Trust, the EAT holds that female hospital ancillary staff who worked for different NHS trusts after the break up of a district health authority in 1991 could not rely on being in the "same employment" or on "common terms and conditions" of employment for the purposes of s.1(6) of the Equal Pay Act 1970 in an equal pay claim even though some of the NHS trusts had later re-amalgamated.

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  Armstrong and others v Newcastle upon Tyne NHS Hospital Trust [2006] IRLR 124 CA (2 reports relating to this case)

  • 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: case law update

    Date:

    3 February 2006

    We review recent significant equal pay cases and their implications. Developments of note include the application of the "single source" test to comparators within an employment unit, and a reference to the ECJ on whether use of length of service as a pay system criterion requires specific objective justification.

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  Armstrong and others v Newcastle upon Tyne NHS Hospitals Trust ET/2500272/00 (1 report relating to this case)

  • Case digest: Equal pay

    Date:

    1 March 2008

    Sue Johnstone, editor of Equal Opportunities Review, rounds up some of the remedies that employment tribunals have awarded in discrimination cases.

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  British Coal Corporation v Smith and others [1993] IRLR 308 EAT (1 report relating to this case)

  • Test for cross-establishment equal pay comparison

    Date:

    1 November 1993

    In British Coal Corporation v Smith and others (16 March 1993) EOR52B, the EAT holds that in order for a comparison between different establishments to be permissible under s.1(6) of the Equal Pay Act 1970, neither the terms and conditions of employment of the applicant's class nor those of her comparator's class can differ for the reason that the members of that class are employed at their own particular establishment.

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  British Coal Corporation v Smith and others [1996] IRLR 404 HL (2 reports relating to this case)

  • Equal pay: Comparators in cross-establishment claims

    Date:

    15 July 1996

    In British Coal Corporation v Smith and others, the House of Lords holds that a woman claiming equal pay for equal work with men employed by the same employer at different establishments must show that those men, and employees in the same category as them at her own establishment, were or would be employed on broadly similar terms and conditions.

  • Common terms and conditions test

    Date:

    1 July 1996

    In British Coal Corporation v Smith and others (22 May 1996) EOR68B, the House of Lords rules that "common terms and conditions of employment" within the meaning of s.1(6) of the Equal Pay Act 1970 means terms and conditions which are substantially comparable on a broad basis, rather than the same terms and conditions.

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  British Coal Corporation v Smith and others; North Yorkshire County Council v Ratcliffe and others [1994] IRLR 342 CA (2 reports relating to this case)

  • Equal pay: Cross-establishment claims and the GMF defence

    Date:

    1 July 1994

    The Court of Appeal has recently considered two cases which raise the issues of whether a male comparator employed at a different establishment from an applicant is "in the same employment" for the purposes of a claim under the Equal Pay Act, and the nature of the employer's "material factor" defence under s.1(3) of that Act.

  • Market forces did not discriminate

    Date:

    1 July 1994

    In British Coal Corporation v Smith and others/North Yorkshire County Council v Ratcliffe and others (28 April 1994) EOR56A, the Court of Appeal rules that there was no sex discrimination when an employer cut the pay of jobs done mainly by women in order to tender for work at a commercially competitive rate.

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  City of Edinburgh Council v Wilkinson and others [2010] IRLR 756 EAT (2 reports relating to this case)

  • 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.

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

    Date:

    2 June 2010

    The Employment Appeal Tribunal has held that a group of administrative and clerical female workers in a local authority could compare themselves with a group of male manual workers who were based in different locations when making equal pay claims.