This is a preview. To continue reading, register for free access now. Register now or Log in

Equal pay: Effect of the equality clause

expand
A Dugdale and others v Kraft Foods Ltd [1976] IRLR 368 EAT (1 other report)
- Equal pay: "Trivial differences" should be disregarded in determining whether there is like work
  
  Date:
  
  24 November 1976
  
  In the Capper Pass v Lawton, the EAT hold that in determining whether a woman and a man are employed on broadly similar work, Industrial Tribunals should disregard "trivial differences or differences not likely in the real world to be reflected in terms and conditions of employment". And in Dugdale and others v Kraft Foods Ltd, the EAT hold that the time that the work is performed should also be disregarded when considering whether jobs constitute like work within the s.1(4) definition.
expand
Barber v Guardian Royal Exchange Assurance Group [1990] IRLR 240 ECJ (2 other reports)
- 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.
- 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.
expand disabled
Evesham v North Hertfordshire Health Authority [2000] IRLR 257 CA (0 other reports)
expand
Hayward v Cammell Laird Shipbuilders Ltd [1988] IRLR 257 HL (1 other report)
- Equal pay: Comparison of overall remuneration rejected
  
  Date:
  
  1 June 1988
  
  In Hayward v Cammell Laird Shipbuilders Limited, the House of Lords rules that a successful equal pay claimant is entitled to have each distinct term in her contract of employment modified so that it is no less favourable than the corresponding term In her comparator's contract.
expand
Jämställdhetsombudsmannen v Örebro Läns Landsting [2000] IRLR 421 ECJ (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.

This section of the Discrimination Case Law Guide looks at the effect of the equality clause in equal pay cases.

[(1) If the terms of a contract under which a woman is employed at an establishment in Great Britain do not include (directly or by reference to a collective agreement or otherwise) an equality clause they shall be deemed to include one.

Employment law cases

Equal pay: Effect of the equality clause

Equal pay: "Trivial differences" should be disregarded in determining whether there is like work

Equal pay: case law update

Sex discrimination: Equality required in occupational pensions

Equal pay: Comparison of overall remuneration rejected

Equal pay: case law update

About this resource

Equal pay: Effect of the equality clause