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10 January 2014
Issue: 7589 / Categories: Case law , Law digest
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Employment—Equal pay

Wallace and another v Calmac Ferries Ltd UKEATS/0014/13/BI, [2013] All ER (D) 242 (Dec)

The proceedings concerned the first case relating to the equal terms and conditions, in particular in respect of pay, under the Equality Act 2010. The Employment Appeal Tribunal held that the starting point was for the employer to show that the difference between the man’s pay and the woman’s pay was because of a material factor. It was clear from the terms of s 69(2) of the Act that the burden of proof, which was the subject matter of the Nelson decision, was clearly set out in that sub-section. Where a pay disparity arose for examination, it was not sufficient for an employer to show why one party was paid as one party was. The statute required an explanation for the difference, which inevitably involved considering why the claimants were paid as they were, on the one hand, and separately, why the comparator was paid as he was. Discrimination claims in particular should not be struck out where they involved a core disputed fact.

 

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MOVERS & SHAKERS

Fieldfisher—Will Sharp

Fieldfisher—Will Sharp

Fieldfisher boosts structured finance practice with appointment of Will Sharp

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke—Thomas Bjorn & Peter Rudd-Clarke

gunnercooke grows its life sciences team with new partner hires

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal—Mark Maguire & Kane Jones

Leonard Curtis Legal expands corporate team with twonew appointments

NEWS
The Attorney General, Ellie Reeves KC MP, and Solicitor General, Andy Slaughter KC MP, marked the 25th anniversary of Pro Bono Week by joining lawyers, charities, students and parliamentarians at events celebrating voluntary legal work
Witness evidence can be compromised by AI before a solicitor sees the draft, leaving safeguards focused on authorship incomplete
Possession claims are entering a new digital era, with procedural traps awaiting practitioners who assume familiar rules still govern every step
A polished legal defence may owe more to artificial intelligence than legal merit—and creditors risk paying the price in delay and expense
An indemnity costs battle with a £20m gap could reopen an important question: what weight should an approved budget carry?
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