We have successfully defended thousands
of equal pay claims for our NHS clients, shaping that national litigation through the test cases we have run.
New requirements to publish discrepancies in pay between men and women could be used as «ammunition»
for equal pay claims against private sector employers, employment lawyers have warned.
Prest v Mouchel Business Services Ltd [2011] ICR 1345 (EAT) A case on the approach to the selection of comparators
in equal pay claims.
Much has been riding on these appeals in three of the leading cases
on equal pay claims concerning public authorities in the north of England, both legally and financially.
The policy, which is the first of its kind for any IDA in New York State, also requires the disclosure of any
pending equal pay claims against the company, both before and during the term of the incentive agreement.
Cooksey v Trafford MBC (EAT, 2012)[2012] EqLR 744 This was the latest in the series of appeals from large scale
equal pay claims concerning bonuses paid to male local government workers.
He is expert in TUPE, restructuring, whistleblowing, complex disciplinary / grievance matters, executive severance,
mass equal pay claims and employment status (including agency workers).
Ashby v. Birmingham City Council [2011] EWHC 424 Employment Law, equal pay — claimants were entitled to
pursue equal pay claims in the civil courts where they were out of time to do so in the employment tribunals.
The company also must disclose any pending
equal pay claims against it, although that won't automatically make a company ineligible for tax breaks from the IDA.
Tesco, which the group's members have invested in, is facing the UK's largest
ever equal pay claim - with a bill potentially running to # 4bn.
Kate Gardner, Partner in the HR and Employment team at national law firm Clarke Willmott LLP, looks at the
Tesco equal pay claim and what it could mean for employers across the UK.
Obtained dismissal of
equal pay claim alleging that female faculty were systematically paid less than male faculty of educational institution
If equal pay claims are pursued against the BBC it will have to address the question of whether its male employees do work that is comparable to that of its aggrieved female employees.
For example, since the mid 2000s he has acted for very many local authorities in England and Wales in relation to the manual
worker equal pay claims that were brought during this period.
The employees were then seen individually by solicitors; at these meetings, it was checked that they had seen the presentation but then pointed out (as had been made clear in the presentation) that the solicitor could not advise whether they had had a
good equal pay claim or if so how much it was worth (in other words, whether it was a «good deal»).
The Year of the Blue Collar Voter — There's an interesting post at Huffington Post pointing out that this year, both sides have found appeal in the blue collar voter: the Republicans have enshrined «Joe the Plumber» as an example of everyman, while the Democrats spotlighted Lilly Ledbetter, the Goodyear employee and Supreme Court litigant,
whose equal pay claims were rejected as untimely by the courts.
Abdulla v. Birmingham City Council [2012] UKSC 47 (Supreme Court); [2012] ICR 20, [2012] IRLR 116, [2011] EWCA Civ 1412 (CA); [2011] IRLR 309, [2010] EWHC 3303 (QB)(HC), and Ashby v Birmingham City Council [2012] ICR 1, [2011] IRLR 473, [2011] 4 All ER 182, [2011] EWHC 424 (QB)(HC); jurisdiction of the courts to entertain equal pay claims
Project and Export Financier v Major Investment Bank Harini advised and drafted a very high - value
complex equal pay claim for a woman financier in project and export, including claims for like work and work of equal value, and a novel claim under s 71 of the Equality Act 2010.
The council said that it had set aside a # 5.5 m reserve to meet
historic equal pay claims (into which the age point had been rolled up) and that this was exhausted, so that it had been reasonable to refuse (unaffordable) pay protection to the 245 extra employees.
At Thompsons Solicitors Mark was the regional manager for the Wales employment rights teams which successfully represented more than 20,000 women in their public
sector equal pay claims.
Paul Epstein QC, of Cloisters chambers, says: «The information employers will be obliged to publish is likely to help their current and former employees understand whether they can bring
successful equal pay claims.»
Race discrimination cases were one of the few categories which saw a drop, falling from 4,103 in 2005 — 06 to 3,780 in 2006 — 07,
while equal pay claims shot up to 44,013 compared to 17,268 the year before.
The introduction of mandatory gender pay gap reporting will force employers to be up front about gender related pay and either explain the differences they uncover or risk
costly equal pay claims.»
Being able to explain a pay differential in a way that is consistent with the relevant legal requirements could mean the difference between avoiding reputational damage and spending in excess of five years
defending equal pay claims», Lorraine Heard continues.
Fenton v Asda Stores Ltd [2017] IRLR 785, EAT, June 20 2017
Multiple equal pay claims made by claimants who were performing different jobs could not be included in the same ET1 claim form.
The transitional provisions apply as above to all claims
except equal pay claims and claims to redundancy payments.
Beattie and others v Leicester City Council [2009] UKEAT0386 / 09 / SM Whether by implied agreement support staff in voluntary aided schools were employed by the local education authority so that they could rely on local authority comparators
in equal pay claims.
Andrew Taggart, partner at Herbert Smith Freehills, says: «Employers should take action now to prepare for the changes required by the regulations and be aware that pay information may be used as ammunition
for equal pay claims.
The Tribunals Service has published figures showing a 43 % rise in employment tribunal claims over 12 months, and a ten-fold increase in the number
of equal pay claims in the last five years.
The council report on the proposal stated: «The council has equal pay obligations and the current arrangements expose the council to the risk of
equal pay claims that would have no realistic defence.
Regardless, it may be cogent evidence for a Tribunal to consider in
equal pay claims, where the employer does not comply with the Regulations.
Proceedings which may be settled include unfair dismissal claims, discrimination claims, claims for breach of contract, unlawful deduction of wages and
equal pay claims.
«
Equal pay claims could prove costly for the BBC, potentially resulting in decisions that female presenters should receive the same pay as their male comparators and arrears of back pay.
A claimant who succeeds in
an equal pay claim becomes entitled to the same rate of pay as her male comparator in future, but is also entitled to be compensated for the difference in pay for up to six years before the date on which the claim is presented.
Newcastle Upon Tyne Hospitals NHS Trust v Armstrong [2006] IRLR 124 (Court of Appeal), and on a second appeal, [2010] ICR 674 (EAT) Instructed throughout this long running equal pay case which, on appeal, raised issues of the selection of comparators and the material factor defence in
equal pay claims.
On the contentious side I assist in the defence of all types of Employment Tribunal claims, particularly unfair dismissal, discrimination and
equal pay claims.
Employment issues -
equal pay claims, occupational stress, Working Time regulations, TUPE, human rights
He appears regularly in the employment tribunal and civil courts in employment cases, where he has experience across the Tribunal's statutory jurisdiction, including extensive experience of acting in large - scale discrimination and
equal pay claims.
Julian has extensive experience in
equal pay claims, and has been instructed both by individuals and on behalf of local authorities, unions, NHS Trusts, non-departmental public bodies, and large outsourcing companies.
Written Opinion for Public Authority: costs in civil courts Advised public authority facing mass
equal pay claims in the civil courts on novel issues of costs in equal pay claims in the aftermath of Birmingham City Council v Abdulla.