Discrimination II - Equal Pay and the Sex Equality Clause

ECJ holds pay includes statutory unfair dismissal compensation

Seymour-Smith and Perez

An overall remuneration package approach is rejected in favour of:

A 'term-by-term' analysis.

What is the 'sex equality clause'

A clause imposed by the statute into all employees' contracts.

What is a 'piggyback' claim?

A second claim, that 'piggybacks' off the first - arguing that their pay should be raised because another claimant's has.

Art. 157 TFEU has direct effect.

Asda Stores Ltd v Brierley

ECJ holds pay includes contractual or statutory redundancy payments

Barber v Guardian Royal Exchange

ECJ holds pay includes occupational pension benefits

Barber v Guardian Royal Exchange

ECJ holds pay includes overtime payments

Botel

ECJ holds pay includes payments in respect of time off work for training purposes

Botel

What are the consequences of failure to comply with the sex equality clause?

Breach of contract; C can enforce her claim by (1) presenting a complaint to an employment tribunal within 6 months of the date of termination of employment, or (2) raising a common law claim for damages for breach of contract in the courts.

Where are the Equal Pay provisions?

Chapter 3 of Part 5 of the EA and Art 157 TFEU

What kind of provisions will fall within the domestic scheme but not Art.157 TFEU?

Contractual 'terms' which bear no relation to 'pay'.

What do ss66 and 80 EA require be equal?

Contractual terms.

ECJ holds pay includes piece rates

Danfoss

UK regime covers removal expenses.

Durrant v North Yorkshire Health Authority

Garland v British Rail Engineering

F. Whether non-contractual concessionary travel facilities granted to retired male employees and their families constituted 'pay' for the purposes of EU law. H. It did.

ECJ holds pay includes pension contributions

Griesmar

Which case established that piggyback claims are valid?

Hartlepool Borough Council v Llewellyn

ECJ holds pay includes ex gratia Christmas bonuses;

Lewen v Lothar Denda

ECJ holds pay includes increments based on seniority

Nimz v Freie und Hansestadt Hamburg

What is excluded from the remit of Chapter 3 of Part 5 EA, but falls within Art.157 TFEU?

Non-contractual benefits and pay

What does Art. 157 TFEU require be equal?

Pay

ECJ holds pay includes contractual or statutory sick pay

Rinner-Kuhn

UK regime covers mortgage interest allowances

Sun Alliance and London Insurance Ltd v Dudman