Equal pay

New and updated

• 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.

• Date:

  10 January 2003

  Type:

  Employment law cases

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

  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.

• Date:

  15 April 2002

  Type:

  Employment law cases

  Equal pay: Teacher can compare pay with that in another authority

  In South Ayrshire Council v Morton, the Inner House of the Court of Session holds that a teacher could compare her pay with an employee in another local authority for the purposes of an equal pay claim.

• Date:

  15 September 2001

  Type:

  Employment law cases

  Equal pay: Objective justification for unequal pay

  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.