i-law

Litigation Letter

Equal pay

Brownbill and others v St Helens & Knowsley Hospital NHS Trust EAT 6 August; SJ 17 August p28

The Employment Tribunal had applied the wrong test in adopting an overall, aggregated, approach to comparisons of pay when determining that the terms in female employees’ contractual employment relating to payments for working unsocial hours were no less favourable than the terms of their male comparators. The correct approach under the Equal Pay Act 1970 s1(2) was to compare the discrete contract terms relating to the respective enhanced payments.

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