Topics

Equal pay

New and updated

  • Date:
    15 December 2006
    Type:
    Employment law cases

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

    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.

  • Date:
    3 February 2006
    Type:
    Employment law cases

    Equal pay: case law update

    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.

  • Date:
    3 February 2006
    Type:
    Employment law cases

    Compromise agreements: Compromise agreement fails to prevent equal pay claim

    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.

  • Type:
    Employment law cases

    Case round-up

    Bess Sturman and Richard Port of Addleshaw Goddard outline the latest legal rulings and explain what you need to know to avoid tribunals.

  • Date:
    14 October 2005
    Type:
    Employment law cases

    Equal pay: Sick pay scheme not discriminatory

    In North Western Health Board v McKenna, the ECJ holds that a sick leave scheme that treats female workers who suffer from a pregnancy-related illness in the same way as workers suffering from other types of illness falls within the scope of the Equal Pay Directive 75/117/EC rather than the Equal Treatment Directive 76/207/EC.

  • Type:
    Employment law cases

    Case round up

    Sally Logan, associate at Addleshaw Goddard, brings you a comprehensive update on the latest decisions that could affect your organisation, and provides advice on what to do about them.

  • Date:
    15 July 2005
    Type:
    Employment law cases

    Equal pay: No non-economic losses in equal pay claims

    In Council of the City of Newcastle upon Tyne v Allan and others, Degnan and others v Redcar and Cleveland Borough Council, the EAT holds that there can be no claim for non-economic loss, that is for injury to feelings or for exemplary or aggravated damages, in claims under the Equal Pay Act 1970 because these are claims in contract rather than statutory torts, as in claims under the Sex Discrimination Act 1975.

  • Type:
    Employment law cases

    Case round up

    Karen Smith and Sophy Robinson of Addleshaw Goddard bring you a comprehensive update on the latest decisions that could affect your organisation, and provide advice on what to do about them.

  • Date:
    18 June 2004
    Type:
    Employment law cases

    Equal pay: SMP must include pay rise effective after reference period

    In Alabaster v Woolwich plc, the European Court of Justice holds that article 119 (now 141) of the EC Treaty of Rome requires that earnings-related maternity pay must reflect any pay rise awarded between the start of the reference period (upon which the level of the earnings-related maternity pay is based) and the end of the employee's maternity leave.

  • Date:
    5 September 2003
    Type:
    Employment law cases

    Equal pay/sex discrimination: Indirect discrimination burden of proof lies on employee

    In Nelson v Carillion Services Ltd, the Court of Appeal holds that the burden of proof in indirect sex discrimination cases should be approached in the same way irrespective of whether a case is brought under Article 141 (previously 119) of the EC Treaty of Rome, the Sex Discrimination Act 1975 or the Equal Pay Act 1970.