Chapter 6 Equal Pay

Question 1

Give a case example of equal pay - material factor - objective justification

Answer 1

Gibson v Sheffield City Council (2010)

Facts
Claimants were carers for council equivalent to gardeners who were mostly men. The men received productivity bonus but claimants didn’t. Defends defended with material factor

Decision
EAT decided the defence was justified.
CA held “sexual tint” so overruled.

Question 2

Give a case example of equal pay - comparator “like work”

Answer 2

Capper Pass v Lawton (1976)

Facts
Mrs Lawton, a chef, prepared lunches compared with the men who did longer hours, prepared for bigger groups, dinner and breakfast.

Decision
Broadly similar in knowledge and skill.

Question 2

Give a case example of equal pay - work of equal value

Answer 2

Hayward v Cammell Laird Shipbuilders Ltd (no.2) (1988)

Facts
Cook at Shipyard claimed equal pay to painters and joiners.

Decision
Won at Tribunal but lost in EAT and CA. Work of equal value but received more benefits which outweighed the detriment.

Question 3

Give a case example of equality clause - the comparator - establishment

Answer 3

City of Edinburgh Council v Wilkinsons and Others (2010)

Facts
Females, subject of collective terms and conditions. Claimants had jobs in school. Compared to men in “manual” posts - toc collective by same joint council. Delay in new pay scales. Different location.

Decision
Although in different location as toc by same joint council then deemed as same establishment (single source).

Question 4

Give a case example of equal pay - material factor - disparity not based on sex

Answer 4

Strathclyde Regional Council v Wallace and Others

Facts
Female teachers “acting up” as principal teachers paid less than male principal teachers. Ratio was 81 men and 53 women. Disparity not on sex.

Decision
HL valid material factor - reasons are significant and not a sham and not due to sex. They do not have to be objectively justified.

Question 5

Give a case example of equal pay - material factor - defence criteria

Answer 5

Glasgow City Council v Marshall (2000)

7 women instructors claimed they were employed on “like work” with male teachers.

Decision
HL to rely on a defence the employer must show:-
1. genuine and not a sham;
2. has caused the less favourable treatment;
3. is “material”, significant/relevant;
4. is not “the difference of sex”.
No sex discrimination then no unequal pay due to sex.