All items: Work of equal value

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  Brunnhofer v Bank der Österreichischen Postsparkasse AG [2001] IRLR 571 ECJ (3 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 value update

    Date:

    1 May 2003

    Kate Godwin charts the recent developments on equal pay and reports on key equal value cases.

  • Equal pay: Objective justification for unequal pay

    Date:

    15 September 2001

    In Brunnhofer v Bank der osterreichischen Postsparkasse AG1 the European Court of Justice rules that in comparing the pay of men and women for the purposes of an equal pay claim, the fact that the employees concerned are classified in the same job category under a collective agreement is not in itself sufficient to lead to a conclusion that they perform the same work or work of equal value.

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  Byrne and others v The Financial Times Ltd [1991] IRLR 417 EAT (1 report relating to this case)

  • No order for particulars showing precise components of pay variation

    Date:

    1 November 1991

    In Byrne and others v The Financial Times Ltd (16 July 1991) EOR40D, the EAT upholds a decision that the employers did not have to provide, by way of further and better particulars of their material factor defence under s.1(3) of the Equal Pay Act 1970, a breakdown of the difference between the applicants' salaries and those of their comparators and an allocation of a specific sum to a particular fact in the work history of each comparator.

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  Calder and another v Rowntree Mackintosh Confectionery Ltd [1993] IRLR 212 CA (1 report relating to this case)

  • "Broad brush" explanation for differential

    Date:

    1 May 1993

    In Calder and another v Rowntree Mackintosh Confectionery Ltd (19 February 1993) EOR49A, the Court of Appeal upholds a finding that the employers had satisfied the defence under s.1(3) of the Equal Pay Act by showing that a differential between women twilight-shift workers and male rotating-shift workers was due to the inconvenience of being required to work rotating shifts.

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  Calder and Cizakowsky v Rowntree Mackintosh Confectionery Ltd [1992] IRLR 165 EAT (1 report relating to this case)

  • Objective justification for whole differential not needed

    Date:

    1 May 1992

    In Calder and Cizakowsky v Rowntree Mackintosh Confectionery Ltd (19 December 1991) EOR43B, the EAT holds that there is no requirement on an employer to show that a variation between the pay of a woman and a man employed on equal work is objectively justified unless the case is concerned with indirect discrimination.

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  Cheshire and Wirral Partnership NHS Trust v Abbott and others [2006] IRLR 546 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.

  • Cheshire and Wirral Partnership NHS Trust v Abbott and others

    Date:

    19 May 2006

    In Cheshire and Wirral Partnership NHS Trust v Abbott and others [2006] IRLR 546 CA, the Court of Appeal in an equal pay case has held that, in choosing a group of employees to act as comparators in a claim of indirect sex discrimination, the whole advantaged group should be chosen where possible and a section of the advantaged group should not be arbitrarily excluded.

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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. 

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  City of Edinburgh Council v Wilkinson and others [2012] IRLR 202 CS (1 report relating to this case)

  • Female local authority workers employed on "common terms and conditions" with male comparators

    Date:

    28 November 2011

    The Court of Session has held that a group of administrative and clerical female workers making equal pay claims against a local authority were on "common terms and conditions" with a group of male manual workers who were based in different locations. 

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  Clark and others v Bexley Health Authority and others 26 November 1986 IT (1 report relating to this case)

  • Speech therapists' equal value claim blocked

    Date:

    1 March 1987

    In Clark and others v Bexley Health Authority and others (26.11.86) EOR12C, a London industrial tribunal holds that the health authorities had a material factor defence to any pay inequalities because they were bound to comply with the pay scales laid down by the Secretary of State under Regulations.

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  Clark v Bexley Heath Authority and Secretary of State for Health; Enderby v Frenchay Health Authority and Secretary of State for Health 1 February 1989 IT (1 report relating to this case)

  • Speech therapists lose equal value claim

    Date:

    1 March 1989

    In (1) Clark v Bexley Heath Authority and Secretary of State for Health and (2) Enderby v Frenchay Health Authority and Secretary of State for Health (1.2.89) EOR24E, a London South industrial tribunal holds that the employers had established a material factor defence within the meaning of s.1(3) of the Equal Pay Act 1970 by showing that the variation in pay between NHS speech therapists and their comparators, pharmacists and clinical psychologists, was due to historical differences in the bargaining structures.

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  Clwyd County Council v Leverton [1985] IRLR 197 EAT (1 report relating to this case)

  • Employer ordered to disclose job descriptions to equal value applicant

    Date:

    1 May 1985

    Clwyd County Council v Leverton (EAT, 13.2.85) EOR1B holds that where an applicant for equal pay for work of equal value has a prima facie case, she is entitled to discovery of job descriptions so as to enable her to name her male comparators.