Equal pay: case law update

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Armstrong and others v Newcastle upon Tyne NHS Hospital Trust [2006] IRLR 124 CA (1 other report)

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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Bailey and others v Home Office [2005] IRLR 369 CA (1 other report)

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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Barber v Guardian Royal Exchange Assurance Group [1990] IRLR 240 ECJ (1 other report)

Sex discrimination: Equality required in occupational pensions

Date:

19 June 1990

The European Court of Justice holds that occupational pensions payable under a contracted-out scheme constitute "pay" under Article 119 of the Treaty of Rome, and so must be offered to men and women on equal terms.

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British Road Services Ltd v Loughran [1997] IRLR 92 NICA (0 other reports)

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Brunnhofer v Bank der Österreichischen Postsparkasse AG [2001] IRLR 571 ECJ (1 other report)

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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Cadman v Health and Safety Executive [2006] IRLR 969 ECJ (1 other report)

Equal pay: Length of service criterion need not be specifically justified

Date:

15 December 2006

In Cadman v Health and Safety Executive Case C-1705 ECJ, the European Court of Justice held that it is not necessary for an employer to justify use of length of service as a criterion for determining the pay of workers doing work of equal value unless a worker provides evidence that raises serious doubts as to its appropriateness as a basis for determining pay.

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Cheshire and Wirral Partnership NHS Trust v Abbott and others [2006] IRLR 546 CA (0 other reports)

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Dennison v The University College of St Mark and St John & others EAT/0196/06 (0 other reports)

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Dolphin v Hartlepool Borough Council; Middleton v South Tyneside Metropolitan Borough Council [2006] All ER (D) 54 (Aug) EAT (0 other reports)

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Enderby v Frenchay Health Authority and Secretary of State for Health [1993] IRLR 591 ECJ (1 other report)

Defences narrowed

Date:

1 November 1993

In Enderby v Frenchay Health Authority and Secretary of State for Health (27 October 1993) EOR52A, the European Court of Justice rules that it is not sufficient for an employer to show that significant pay differences between female-dominated jobs and male-dominated jobs arose for non-discriminatory reasons.

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Glasgow City Council and others v Marshall and others [2000] IRLR 272 HL (1 other report)

Equal pay: Pay disparity need not be justified in absence of sex discrimination

Date:

1 March 2000

An employer is not obliged to justify a variation in pay or conditions between a woman and men employed on like work, work rated as equivalent or work of equal value if the employer has proved the absence of direct or indirect sex discrimination, holds the House of Lords in Glasgow City Council and others v Marshall and others.

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Handels- og Kontorfunktionaerernes Forbund i Danmark v Dansk Arbejdsgiverforening (acting for Danfoss) [1989] IRLR 532 ECJ (0 other reports)

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Harland and Wolff Pension Trustees Ltd v Aon Consulting Financial Services Ltd [2006] EWHC 1778 (Ch) HC (0 other reports)

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Jeffery & others v (1) Secretary of State for Education (2) Bridgend College EAT/0677/05 (0 other reports)

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Lawrence and others v Regent Office Care Ltd and others [2002] IRLR 822 ECJ (2 other reports)

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.
Equal pay: Transferred workers cannot compare their pay with retained workers

Date:

10 January 2003

Article 141 of the EC Treaty of Rome is not limited to situations where men and women work for the same employer, but it does not cover the situation where pay differences between equal pay claimants and their comparators cannot be attributed to a single source, so that there is no single body responsible for the inequality and which can restore equal treatment, the European Court of Justice holds in Lawrence and others v Regent Office Care Ltd and others.

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National Power plc v Young [2001] IRLR 32 CA (0 other reports)

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Nimz v Freie und Hansestadt Hamburg [1991] IRLR 222 ECJ (0 other reports)

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Parliamentary Commissioner for Administration and another v Fernandez [2004] IRLR 22 EAT (0 other reports)

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Potter v North Cumbria Acute NHS Trust ET September 2006 (0 other reports)

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Powerhouse Retail Ltd and others v Burroughs and others [2006] IRLR 381 HL (0 other reports)

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Preston and others v Wolverhampton Healthcare NHS Trust and others (No.2) [2001] IRLR 237 HL (1 other report)

Equal pay: Six-month time limit is compatible with Community law

Date:

1 March 2001

In Preston and others v Wolverhampton Healthcare NHS Trust and others (No.2) and Fletcher and others v Midland Bank plc (No.2) the House of Lords holds that the six-month limitation period laid down in s.2(4) of the Equal Pay Act 1970 does not breach the principle of equivalence.

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Redcar & Cleveland Borough Council v Bainbridge and others [2007] IRLR 91 EAT (0 other reports)

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Robertson and others v Department for Environment, Food and Rural Affairs [2005] IRLR 363 CA (1 other report)

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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Sharp v Caledonia Group Services Ltd [2006] IRLR 4 EAT (1 other report)

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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Smith v Avdel Systems Ltd [1994] IRLR 602 ECJ (1 other report)

ECJ rules on pension discrimination

Date:

1 December 1994

The European Court of Justice has handed down its rulings in six cases on issues relating to sex equality and occupational pension schemes in light of the decision in Barber v Guardian Royal Exchange Assurance Group EOR32A.

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Strathclyde Regional Council v Wallace and others [1998] IRLR 146 HL (0 other reports)

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Villalba v Merrill Lynch & Co Inc [2006] IRLR 437 EAT (0 other reports)

Employment law cases