In equal pay claims the determining pay by way of length of service may be challenged

Wilson v Health and Safety Executive [2009] EWCA Civ 1074

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22/10/2009


    The Court of Appeal in Wilson v Health & Safety Executive regarding length of service and equal pay has decided that:-
  • where a service-related pay progression scheme impacts negatively on women as opposed to men, the employee can challenge length of service for determining pay
  • An employee only needs to show that the claim has some potential to succeed in order to be allowed to pursue it (this means that she needs to show that there is evidence that has the potential at a hearing to prove that using length of service can not be justified).
  • A defence of justification is open to the employer, but he bears the burden of proof that that his actions are proportionate (Equal Pay Act 1970 and Sex Discrimination Act 1975)
  • The Court of Appeal decision is in accordance with EU law (Cadman v HSE [2006] ECJ). Where EU law is less favourable to employees (setting minimum conditions for workers) UK law will prevail.

  


The transcript of this case follows:-   Wilson v Health and Safety Executive [2009] EWCA  (usually found at the Bailli or Employment Appeals websites)

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