Hovell v Ashford & St Peter’s Hospital NHS Trust – WLR Daily

Posted July 13th, 2009 in employment tribunals, equal pay, law reports, sex discrimination by sally

Hovell v Ashford & St Peter’s Hospital NHS Trust [2009] EWCA Civ 670; [2009] WLR (D) 237

“An independent expert report as to equal value was not always necessary before an employment tribunal could determine an equal value pay claim based on the contents of a job evaluation scheme (‘JES’). However, the fact that there was only a small difference in points awarded to a claimant and her male comparators in a JES did not of itself establish that the jobs were of equal value, and a claimant who relied on such a JES rather than an independent expert’s report risked failing to persuade the tribunal that her job was of equal value.”

WLR Daily, 10th July 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Hartlepool Borough Council v Llewellyn and Others – Times Law Reports

Posted July 9th, 2009 in compensation, equal pay, law reports, sex discrimination by sally

Hartlepool Borough Council v Llewellyn and Others

Employment Appeal  Tribunal

“Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to successful comparators by way of arrears.”

The Times, 9th July 2009

Source: www.timesonline.co.uk

Hartlepool Borough Council v Llewellyn – WLR Daily

Posted July 1st, 2009 in compensation, equal pay, law reports, sex discrimination by sally

Hartlepool Borough Council v Llewellyn UKEAT/6/08; [2009] WLR (D) 216

“Male colleagues of female equal pay claimants were entitled to bring ‘piggyback’ claims using the female claimants as comparators and were able to recover sums equivalent to those awarded to the successful comparators by way of arrears. There were obvious conveniences in male contingent claims being included in the proceedings from the start. Even if technically premature in the sense of whether a cause of action had arisen, employment tribunals were empowered under s 2(1A) of the Equal Pay Act 1970 to entertain claims for declaratory relief where a dispute arose in relation to the effect of an equality clause read into a contract under s 1(1) and that would give a sufficient jurisdictional foundation for male contingent claims pending the point at which they might mature into claims for substantial relief.”

WLR Daily, 30th June 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Appeal bid over equal pay ruling – BBC News

Posted June 25th, 2009 in equal pay, news by sally

“Thousands of men may have to wait for equal pay awards after a local authority said it was to challenge a landmark legal ruling.”

Full story

BBC News, 25th June 2009

Source: www.bbc.co.uk

Low-paid male council workers win right to equal pay with women – The Times

Posted June 25th, 2009 in equal pay, news by sally

“More than 12,000 men in low-paid jobs won the right to bring equal pay claims alongside thousands of women in a landmark ruling yesterday.”

Full story

The Times, 25th June 2009

Source: www.timesonline.co.uk

Suffolk Mental Health Partnership NHS Trust v Hurst and Others; Sandwell Metropolitan Borough Council v Arnold and Others – Times Law Reports

Posted April 28th, 2009 in equal pay, law reports by sally

Suffolk Mental Health Partnership NHS Trust v Hurst and Others; Sandwell Metropolitan Borough Council v Arnold and Others

Court of Appeal

“It was sufficient when launching an equal pay claim to send a written statement of grievance to the employer identifying the issue as an equal pay claim.”

The Times, 28th April 2009

Source: www.timesonline.co.uk

Law forces employers to reveal gender pay gap – The Independent

Posted April 27th, 2009 in equal pay, news by sally

“Legislation being published today will require employers to reveal the ‘gender pay gap’ between male and female staff.”

Full story

The Independent, 27th April 2009

Source: www.independent.co.uk

Compulsory audits on equal pay will force firms to give women more – The Times

Posted April 24th, 2009 in equal pay, news by sally

“Companies will be forced by law to disclose how much they pay men compared with women in a surprise government move to narrow the pay gap.”

Full story 

The Times, 24th April 2009

Source: www.timesonline.co.uk

Court of Appeal widens rights to equal pay compensation – OUT-LAW.com

Posted April 16th, 2009 in equal pay, news by sally

“Workers who are employed under an unbroken succession of contracts can now claim equal pay compensation for that string of contracts and not just the latest one, the Court of Appeal has ruled.”

Full story

OUT-LAW.com, 16th April 2009

Source: www.out-law.com

Slack and Others v Cumbria County Council – Times Law Reports

Posted April 14th, 2009 in contract of employment, equal pay, law reports, time limits by sally

Slack and Others v Cumbria County Council

Court of Appeal

“A variation in the terms of an employment contract between an employer and employee in a stable employment relationship did not terminate the preexisting contract so as to trigger the beginning of the six-month period allowed for initiating equal pay claims.”

The Times, 14th April 2009

Source: www.timesonline.co.uk

Slack and others v Cumbria County Council (Equality and Human Rights Commission intervening) – WLR Daily

Posted April 7th, 2009 in contract of employment, equal pay, law reports, time limits by sally

Slack and others v Cumbria County Council (Equality and Human Rights Commission intervening) [2009] EWCA Civ 293; [2009] WLR (D) 127

“The beginning of the period allowed for initiating an equal pay claim would not be triggered until the expiry of the stable employment between the employer and employee within the meaning of the section 2ZA of the Employment Act 1970. A new employment contract varying the term of an existing contract between the same employer and the same employee in a stable relationship did not terminate the existing contract so as to trigger the beginning of that period.”

WLR Daily, 6th April 2009

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

£450m aid for councils struggling to find cash to settle 400,000 equal pay cases – The Times

Posted September 26th, 2008 in equal pay, news by sally

“Emergency funding of £450 million will be given to town halls struggling to meet the cost of equal pay settlements for tens of thousands of low-paid women, The Times has learnt.”

Full story

The Times, 26th September 2008

Source: www.timesonline.co.uk

Why do women solicitors earn less than men? – Law Society’s Gazette

Posted September 5th, 2008 in equal pay, news, solicitors, women by sally

“When Fiona Fitzgerald, chair of the Association of Women Solicitors, was preparing to launch the joint campaign with the Law Society on equal pay, she first checked her own firm’s record.”

Full story

Law Society’s Gazette, 4th September 2008

Source: www.lawgazette.co.uk

Re-grading staff could beat discrimination claims, says Acas – OUT-LAW.com

Posted September 3rd, 2008 in dispute resolution, equal pay, news, remuneration by sally

“Employers should undertake job evaluation programmes to avoid being caught up in the escalating number of discrimination claims reaching Employment Tribunals, the Government’s dispute resolution service has said.”

Full story

OUT-LAW.com, 3rd September 2008

Source: www.out-law.com

Allen and Others v GMB – Times Law Reports

Posted September 1st, 2008 in equal pay, law reports, sex discrimination, trade unions by sally

Allen and Others v GMB

Court of Appeal

“A trade union was not justified in indirectly discriminating against a number of female members in resolving gender-based pay inequalities among local authority employees.”

The Times, 1st September 2008

Source: www.timesonline.co.uk

Please note the Times Law Reports are only available free on Times Online for 21 days from the date of publication.

Women win landmark equal pay battle – The Times

Posted July 29th, 2008 in equal pay, news, sex discrimination, women by sally

“Tens of thousands of women working for local councils and health authorities won the right to higher wages today following a landmark Court of Appeal ruling on equal pay laws.”

Full story

The Times, 29th July 2008

Source: www.timesonline.co.uk

Equal pay: Unions face compensation claims of up to £100m – The Guardian

Posted July 28th, 2008 in equal pay, news, sex discrimination, trade unions by sally

“Unions are facing the threat of a compensation bill for as much as £100m in the wake of an appeal court ruling that they broke the law by discriminating against women indirectly in the way they settled equal pay claims in local government.”

Full story

The Guardian, 28th July 2008

Source: www.guardian.co.uk

Allen and others v GMB – WLR Daily

Posted July 18th, 2008 in equal pay, law reports, sex discrimination, trade unions by sally

Allen and others v GMB [2008] EWCA Civ 810; [2008] WLR (D) 243

The striking of a deal by a trade union with a local authority as to terms and conditions of employment pursuant to a national collective agreement establishing a ‘single status’ common pay and grading structure for all local authorities, which deal attempted to achieve compensation for some union members for past pay inequality as well as ongoing pay and employment protection for all members, was indirectly discriminatory since it constituted the application of a provision, criterion or practice which applied equally to men but was to the detriment of a considerably larger proportion of women than of men and since the means adopted by the union to persuade members to accept the deal, including mis-selling and manipulation, were not proportionate to the union’s legitimate aim of achieving single status with the minimum of losers.”

WLR Daily, 17th July 2008

Source: www.lawreports.co.uk

Please note once a case has been fully reported in one of the ICLR series the corresponding WLR Daily summary is removed.

Employers ‘should publish salaries to cut gender wage gap’ – Daily Telegraph

Posted June 26th, 2008 in equal pay, news by sally

“Employers should disclose information about workers’ salaries to help narrow the pay gap between men and women, the Government will say today.”

Full story

Daily Telegraph, 26th June 2008

Source: www.telegraph.co.uk

The fight for equal pay … 40 years on – The Guardian

Posted June 2nd, 2008 in equal pay, news, special report by sally

“In 1968, a walkout by a group of women machinists at Ford led to the Equal Pay Act. So why, four decades on, does a massive gender gap at all levels of earnings mean industrial tribunals are clogged up with cases?”

Full story

The Guardian, 1st June 2008

Source: www.guardian.co.uk