equal pay
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East Dunbartonshire Council v Trade Union Backed Claimants & Ors UKEATS/0005/10/BI
Appeal against decision of the ET to allow amendment of an equal pay claim (adding new comparators) which, if it had been a fresh claim instead, would have been time barred. The respondent also objected to the fact they had had no opportunity to resolve the claims involving the new comparators at the grievance stage, and the Tribunal erred by saying that any prejudice suffered could be met by reducing the compensatory award. Appeal allowed; the EAT agreed that the amended claim did not meet the statutory criteria for a reduction in compensation, they allowed the claimants to amend their claims and remit these claims to the same Employment Judge to consider the applications to amend.
- cases
05/10/2010 16:15
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South Lanarkshire Council v Russell & Ors UKEATS/0067/09/BI
Appeal against an order requiring the respondent employer to provide additional information in respect of an equal pay claim. The order was held to be incompetent because, despite the hearing taking place before a full Tribunal, the Employment Judge made the order alone, contrary to rule 18(2). In the alternative, if the Employment Judge wanted to make a standalone order under rule 10, the lay members should not have heard the argument. Appeal allowed and case remitted to the Tribunal.
- cases
13/08/2010 11:28
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Brownbill & Ors v St Helens & Knowsley Hospital NHS Trust UKEAT/0074/10/CEA
Appeal against the Employment Tribunal’s dismissal of claims for equal pay. Appeal allowed.
- cases
09/08/2010 14:47
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White v Burton's Foods Ltd UKEAT/0514/09/LA
Appeal against finding that the claimant was not in the same employment as the comparators put forward in Equal Pay Act claims. Appeal dismissed as the correct principles had been applied and the finding was not perverse.
- cases
08/07/2010 09:58
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North Cumbria University Hospitals NHS Trust v Fox & Ors [2010] EWCA Civ 729
Appeal involving consideration of the meaning of “stable employment relationship” in Equal Pay claims where the ET had found that the claimants attempt to amend their claim and include new comparators was out of time. The claim was found not be out of time.
- cases
02/07/2010 14:09
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City of Edinburgh Council v Wilkinson & Ors UKEATS/0002/09/BI
Appeal by local authority in Equal Pay Act proceedings where the ET had found that the claimants were employed on equal term as their comparators. The appeal was dismissed and in a further cross-appeal it was held that the claimants and the comparators had been employed at the same establishment.
- cases
24/05/2010 12:08
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Newcastle Upon Tyne NHS Hospitals Trust v Armstrong & Ors UKEAT/0069/09/JOJ
Appeal against decision by ET that female domestic workers, who did not receive the same pay as their male comparators, were discriminated against by reason of sex. Appeal dismissed.
- cases
04/03/2010 16:36
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Gibson & Ors v Sheffield City Council [2010] EWCA Civ 63
Appeal against EAT decision dismissing claim under the Equal Pay Act 1970 where carers were claiming equal pay with street cleaners and gardeners. Appeal allowed and remitted back to the ET.
- cases
12/02/2010 17:59
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Coventry City Council v Nichols & Ors [2009] EWCA Civ 1449
Renewed application for permission to appeal EAT's finding that the council were wrong to claim that payment of a bonus payment to mostly male refuse workers was necessary and a genuine material factor. Application refused.
- cases
20/01/2010 10:49
