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The end of the ‘sex taint’ argument in equal pay: McNeil v Commissioners for HM Revenue and Customs

Equality Act
Robin Allen QC and Anna Beale consider the implications of the EAT’s decision in McNeil v Commissioners for HM Revenue and Customs [ 1] , one of the first appellate cases to consider what is required to show “particular disadvantage” in an equal pay claim based on indirect discrimination under the Equality Act 2010. Previous formulations of the tes...
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Glasgow City Council Decides Not to Appeal

Photo credit: BBC News 17 Jan 2017
Yesterday, Glasgow City Council decided that it would not pursue permission to appeal to the Supreme Court against the Court of Session decision in HBJ Claimants v Glasgow City Council [2017] IRLR 739. The Court had allowed the claimants’ appeal against rulings by the ET and EAT that the Workplace Pay and Benefits Review (“WPBR”), the job evaluatio...
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The gap is still opaque: the final draft of the Gender Pay Gap Regulations for the Private sector

The gap is still opaque:  the final draft of the Gender Pay Gap Regulations for the Private sector
Provision for equal pay audits was introduced in s. 78 of the Equality Act 2010 (“EqA”) but that section was not enabled and lay dormant until a campaign to revive it several years later. The Small Business, Enterprise and Employment Act 2015, s. 147 permitted for regulations to be made to implement s. 78 (although that section is not yet in force)...
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Cloisters fact sheet for #equalpayday

Cloisters fact sheet for #equalpayday
Cloisters has produced this fact sheet for #equalpayday to help employees understand whether they are being underpaid. On Equal Pay Day how can the law help eradicate your pay gap? Based on the mean salary for full time employees in the UK, today is the day on which women stop being paid for their work. The average female worker in the UK earns 13....
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Asda, equal pay and the meaning of “establishments”

Asda, equal pay and the meaning of “establishments”
Daphne Romney QC considers the long awaited decision of the ET in Brierley v ASDA Stores: The ET sitting in Manchester has handed down judgment in the latest instalment of Brierley v ASDA Stores [1] the equal pay litigation between some 7,000 claimants, predominantly female, working in the Retail division of ASDA. They assert that they do work of e...
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Times are changing - Gender Pay Gap Regulations

Times are changing - Gender Pay Gap Regulations
Forty-six years since the Equal Pay Act 1970, the gender pay gap persists despite years of litigation. The impending regulations have come at an important time, says Daphne Romney QC who has written a full article on this in the October 2016 edition of Counsel. This can be accessed here .