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Equal pay

New and updated

  • Date:
    28 June 2012
    Type:
    Law reports

    Case of the week: Equal pay

    This week's case of the week, provided by DLA Piper, covers equal pay.

  • Date:
    19 March 2012
    Type:
    Law reports

    Equal pay: Preservation of higher pay after TUPE transfer was genuine material factor

    In Skills Development Scotland Co Ltd v Buchanan and others EATS/0042/10, the EAT held that the employment tribunal erred in rejecting the employer’s genuine material factor defence to the effect that a difference in pay had been caused by the protection of the man’s pay following TUPE transfers. The tribunal had upheld the defence in respect of part of the claim, and had not found it to be a sham or pretence.

  • Date:
    1 February 2012
    Type:
    Law reports

    Case round-up

    Chris McAvoy, Sarah Wade, David Rintoul, Helen Corbett and Kristin Aarvik are associate solicitors at Addleshaw Goddard LLP. They round up the latest rulings.

  • Date:
    7 December 2011
    Type:
    Law reports

    Civil courts' discretion to strike out equal pay claims time-barred from tribunal

    The Court of Appeal has held that civil courts should not strike out equal pay claims that are time-barred from the employment tribunal unless the claimant's reasons for failing to bring the claim in the tribunal amount to an abuse of process. 

  • Date:
    28 November 2011
    Type:
    Law reports

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

    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. 

  • Date:
    1 October 2011
    Type:
    Law reports

    Case round-up

    Claire Benson is managing associate and Caroline Jacobs and Chris McAvoy are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Date:
    1 September 2011
    Type:
    Law reports

    Case round-up

    Claire Benson is managing associate and Caroline Jacobs and Chris McAvoy are associates at Addleshaw Goddard LLP. They round up the latest rulings.

  • Date:
    19 July 2011
    Type:
    Law reports

    Equal pay: employer not obliged to close pay gap following TUPE transfer

    The Employment Appeal Tribunal has held that an employer's compliance with the TUPE legislation to preserve existing contractual terms and conditions that results in a disparity in pay can amount to a genuine material factor that may provide a defence to an equal pay claim. 

  • Date:
    1 June 2011
    Type:
    Law reports

    Equal pay: Not necessary to show "real possibility" of comparator from different establishment doing same work at claimant's establishment for comparator to be "in the same employment"

    In North and others v Dumfries and Galloway Council [2011] IRLR 239 CS, the Court of Session held that the EAT's "real possibility" test incorrectly placed an additional hurdle on claimants and amounted to an error of law. However, the claimants' argument that they were in the same employment as their comparators failed on the evidence.

  • Date:
    16 May 2011
    Type:
    Law reports

    Equal pay: "same source" of terms and conditions

    The Employment Appeal Tribunal has considered the circumstances in which the terms and conditions of employees derive from the "same source" as their comparators for the purposes of the Equal Pay Act 1970.