In Percy v Church of Scotland Board of National Mission, the House of Lords holds that a church minister who had entered into a contract personally to execute work or labour was an "employee" for the purposes of the Sex Discrimination Act 1975.
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.
In Hilton UK Hotels Ltd v McNaughton, the EAT holds that the employment tribunal was correct to find that a compromise agreement did not prevent an employee who was excluded from the employer's pension scheme during a period of part-time employment from advancing an equal pay claim.
In Edmund Nuttall Ltd v Butterfield, the EAT holds that the tribunal erred in finding that the employee, who committed criminal offences of indecent exposure, had been discriminated against on grounds of disability.