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