Topics

Equal pay

New and updated

  • Date:
    1 June 1994
    Type:
    Employment law cases

    Expert's report rejected

    In Thompson v John Blackburn Ltd a Leeds industrial tribunal (Chair: J Prophet) refuses to admit an independent expert's report in equal value proceedings because in its view the expert failed to make clear findings of fact and take proper account of all information represented to her.

  • Date:
    1 November 1993
    Type:
    Employment law cases

    Defences narrowed

    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.

  • Date:
    24 January 1989
    Type:
    Employment law cases

    Equal pay: Cross-establishment equal pay claims

    A woman can claim equal pay with a man working in a different establishment even if her own terms and conditions of employment are not "broadly similar" to his, provided that common terms and conditions are observed at their establishments, either generally or for employees of their respective classes.

  • Date:
    1 June 1988
    Type:
    Employment law cases

    Equal pay: Comparison of overall remuneration rejected

    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.

  • Date:
    31 March 1987
    Type:
    Employment law cases

    Discrimination: Discriminatory job evaluation schemes

    In RummIer v Dato-Druck GmbH, the European Court of Justice rules that a job evaluation scheme which falls to take into account criteria for which workers of each sex may show particular aptitude may be in breach of EEC sex discrimination law.

  • Date:
    31 December 1978
    Type:
    Employment law cases

    Dance v Dorothy Perkins Ltd

    In Dance v Dorothy Perkins Ltd [1978] ICR 760 EAT, the Employment Appeal Tribunal upheld a decision that female warehouse selectors were not engaged on like work with male warehouse operators. The men did significant additional duties to those done by the women.

  • Date:
    1 April 1977
    Type:
    Employment law cases

    Equal pay: "Red-circling" not automatic defence to equal pay claim

    That men employed on like work with women are in a special "red-circled" category does not automatically provide a defence to a claim for equal pay on grounds that the variation in pay is genuinely due to a material difference, other than the difference of sex, between the men's case and that of the women. This is the major principle established by the EAT in a joint judgment in respect of two "red-circling" appeals - Snoxell and Davies v Vauxhall Motors Ltd and Charles Early & Marriott (Witney) Ltd v Smith and Ball.

  • Date:
    9 March 1977
    Type:
    Employment law cases

    Equal pay: Evaluation study should be capable of impartial application

    Although to date the EAT has not dealt with many cases under the job evaluation provisions of s.1(2)(b) and s.1(5) of the Equal Pay Act, and thus there is little guidance on the issues involved, the recent case of Eaton Ltd v Nuttall throws some useful light on this area.

  • Date:
    31 December 1976
    Type:
    Employment law cases

    Defrenne v Sabena

    In Defrenne v Sabena (No.2) [1976] ECR 455 ECJ, the European Court of Justice held that member states are bound to ensure and maintain the principle of equal pay for equal work as enshrined in Article 119 of the Treaty of Rome. It also held that in cases of direct discrimination, whether by the actions of public authorities or not, Article 119 is directly applicable to national law and gives rise to rights that national courts must protect.

  • Date:
    24 November 1976
    Type:
    Employment law cases

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

    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.