Archive for the 'equal pay' Category

Women lawyers believe they are paid less than male peers – Law Society’s Gazette

“Most women lawyers believe their male colleagues earn more than they do, research has suggested.”

Full story

Law Society’s Gazette, 10th March 2011

Source: www.lawgazette.co.uk

40 years since the Equal Pay Act, equality remains a dream – The Guardian

“It is four decades since the Equal Pay Act came into force, yet men still earn more than women in nearly 90% of job categories, according to analysis by the Guardian.”

Full story

The Guardian, 8th March 2011

Source: www.guardian.co.uk

Bury Council’s equal pay claim appeal rejected – BBC News

“Hundreds of women working at a Greater Manchester council are in line for compensation after an equal pay case.”

Full story

BBC News, 28th January 2011

Source: www.bbc.co.uk

Fox and others v North Cumbria University Hospitals NHS Trust – WLR Daily

Fox and others v North Cumbria University Hospitals NHS Trust [2010] EWCA civ 729; [2010] WLR (D) 169

“In order for there to be a stable employment relationship it was not necessary for there to be a succession of short term or intermittent contracts.”

WLR Daily, 2nd July 2010

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.

Coalition to stick with Labour’s Equality Act – BBC News

“The government is pressing ahead with Labour legislation which could require employers to disclose whether they pay women as much as men.”

Full story

BBC News, 2nd July 2010

Source: www.bbc.co.uk

An unhappy anniversary for the Equal Pay Act – The Guardian

“Forty years on, the gender pay gap remains a yawning chasm. And with access to justice through employment tribunals loaded against the ordinary person, that is unlikely to change.”

Full story

The Guardian, 7th June 2010

Source: www.guardian.co.uk

Female Birmingham council workers win ‘£600m pay claim’ – BBC News

“Hundreds of female council employees who took their claims for equal pay to an employment tribunal have won their case.”

Full story

BBC News, 27th April 2010

Source: www.bbc.co.uk

Gibson and others v Sheffield City Council – WLR daily

Gibson and others v Sheffield City Council [2010] EWCA Civ 63; [2010] WLR (D) 47

“In an equal pay claim, it was open to an employer to avoid the need for objective justification of a pay disparity if he could show that, even if the pay practice had an adverse impact on women, that practice was not tainted by sex discrimination under s 1(3) of the Equal Pay Act 1970, so that the obligation to justify the disparity objectively did not arise. However, the application of that proposition was limited and merely because there was an explanation for the difference in pay which was not directly discriminatory did not necessarily mean that the pay practice was not tainted by sex.”

WLR Daily, 23rd February 2010

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.

Paying more to gardeners than cleaners is ‘sexist’, Appeal court rules – Daily Telegraph

“The Appeal Court decided that inequality between the pay of mainly female carers working for Sheffield City Council and their predominantly male colleagues doing equivalent jobs, like gardening and rubbish collection, was ‘tainted by sex’.”

Full story

Daily Telegraph, 10th February 2010

Source: www.telegraph.co.uk

Wilson v Health and Safety Executive (Equality and Human Rights Commission intervening) – WLR Daily

Wilson v Health and Safety Executive (Equality and Human Rights Commission intervening) [2009] EWCA Civ 1074; [2009] WLR (D) 300

“An employer could be required, in proceedings in which an equal pay claim was brought, to provide objective justification for his use of a length of service criterion as well as its adoption in the first place.”

WLR Daily, 19th October 2009

Source: www.lawreports.co.uk

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

Service related pay schemes at work could be unlawful – Daily Telegraph

“Companies that pay staff more for long service could be forced to scrap schemes after a landmark ruling that they might discriminate against women.”

Full story

Daily Telegraph, 20th October 2009

Source: www.telegraph.co.uk

Gutridge and others v Sodexo Ltd and another – WLR Daily

Gutridge and others v Sodexo Ltd and another [2009] EWCA Civ 729; [2009] WLR (D) 246

WLR Daily, 17th July 2009

“An employee whose employment contract had been transferred under contracting-out arrangements to another employer could not have any greater rights against the transferee than she had against the transferor by virtue of reg 5 of the Transfer of Undertakings (Protection of Employment) Regulations 1981. Although the right to bring proceedings under the Equal Pay Act 1970 was against the transferee, the right was, pursuant to ss 2(4) and 2ZA, time limited to six months after the termination of the employee’s employment with the transferor, which was six months after the date of the transfer.”

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.

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

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

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

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

“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

“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

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

“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

“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

“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

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

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

“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

“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

“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

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

“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

“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

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

“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

“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

Law Society and AWS launch two-year equal pay campaign – Legal Week

“The Law Society and the Association of Women Solicitors (AWS) are launching an equal pay campaign, after fresh research revealed significant salary inequalities within the profession.”

Full story

Legal Week, 29th May 2008

Source: www.legalweek.com

Women workers appeal over equal pay – The Times

“A test case that could affect thousands of low-paid women workers struggling to get the same pay as male colleagues began in the Court of Appeal today.”

Full story

The Times, 15th January 2008

Source: www.timesonline.co.uk

NHS faces landmark case on equal pay agreement – The Lawyer

“The NHS is facing a landmark test case that could pave the way for more than 800,000 equal pay claims, which will run parallel to recent high-profile claims against local authorities.”

Full story

The Lawyer, 14th January 2008

Source: www.thelawyer.com

Watchdog urges equal pay overhaul – BBC News

“Equal pay legislation needs to be radically changed if women are to get a fair deal quickly, the Commission for Equality and Human Rights has warned.”

Full story

BBC News, 14th January 2008

Source: www.bbc.co.uk

Equality watchdog drops its backing for low-paid women’s challenge – The Times

“Thousands of low-paid women, including cleaners and care workers, will see their hopes of better pay set back tomorrow when the equality watchdog drops its support for their legal battle.”

Full story

The Times, 14th January 2008

Source: www.timesonline.co.uk

Redcar and Cleveland Borough Council v Bainbridge and Others – Times Law Reports

Redcar and Cleveland Borough Council v Bainbridge and Others

Court of Appeal

“A woman, who could clearly base an equal pay claim with a man in the same grade, under section 1(2)(b) of the Equal Pay Act 1970, where their two jobs were rated as equivalent following a job evaluation study, could also base such a claim on comparison with a man placed in a lower grade by such a study but who in fact received more pay than her.”

The Times, 28th November 2007

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

No-win, no-fee lawyers say rising claims are just start of the deluge

“Stefan Cross, the solicitor behind the rise of no-win no-fee equal-pay claims clogging the tribunal system, said yesterday that the cases against local authorities were the beginning of a deluge. The former care home worker estimates that there are 50,000 claims currently waiting to be heard at tribunal with just 25 independent experts working on them.”

Full story

The Times, 21st September 2007

Source: www.timesonline.co.uk

Alarm at rising tide of sex-bias litigation – The Times

“The number of women taking employers to court claiming unfair pay is rising so quickly that it has left the system unfit for purpose, according to the head of Britain’s equality watchdog.”

Full story

The Times, 21st September 2007

Source: www.timesonline.co.uk

Women climb career ladder faster – but are paid less for doing same job – The Times

“Women are beating men up the career ladder but are still being paid less and getting smaller bonuses for doing similar work.”

Full story

The Times, 5th September 2007

Source: www.timesonline.co.uk

Avalanche of legal actions under equal pay law – Daily Telegraph

“Women in the public sector seeking equal pay with their male colleagues are taking more than 1,500 cases to court a month, at a cost to the taxpayer of more than £1 billion, it has been claimed.”

Full story

Daily Telegraph, 14th June 2007

Source: www.telegraph.co.uk

Derbyshire and Others v St Helens Metropolitan Borough Council (Equal Opportunities Commission and Others, intervening) – Times Law Reports

Employer’s letters were victimisation

Derbyshire and Others v. St Helens Metropolitan Borough Council (Equal Opportunities Commission and Others, intervening)

House of Lords

“Letters sent by an employer to employees warning them of the consequences if they persisted with equal pay claims had gone further than was reasonable in protecting the employer’s interests in the litigation and had amounted to victimisation under the Sex Discrimination Act 1975.”

The Times, 27th April 2007

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.

Dinner ladies win equal pay battle – The Times

“A group of school dinner ladies who claimed they were victimised by their local council after bringing equal pay claims has won their case at the House of Lords.”

Full story

The Times, 25th April 2007

Source: www.timesonline.co.uk


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