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13 November 2008
Issue: 7345 / Categories: Features , Terms&conditions , Employment
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Law Reports

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Employment—Equal pay for equal work—Police shift workers

Blackburn and another v Chief Constable of West Midlands Police[2008] EWCA Civ 1208, [2008] All ER (D) 50 (Nov)

Court of Appeal, Civil Division, Scott Baker, Maurice Kay and Wilson
LJJ, 6 November 2008

The fact that some female police officers with childcare responsibilities are excused working on a 24/7 rotating shift pattern, due to their childcare responsibilities, and thereby do not receive the special priority payment awarded to officers who do work the rotating shift pattern, does not amount to unlawful discrimination contrary to the Equal Pay Act 1970 (EPA 1970).

Robin Allen QC and Rachel Crasnow (instructed by Russell Jones & Walker) for the employees. Elizabeth Slade QC and Andrew Blake (instructed by West Midlands Police Legal Services Department) for the employer.

The employees were female police officers in the West Midlands Police. They were “sector” or “front line” officers. Although such officers were generally required to work a 24/7 rotating shift pattern, the employees were excused from that by reason of their childcare responsibilities. Sector officers

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