header-logo header-logo

08 January 2021 / Charles Pigott
Issue: 7915 / Categories: Features , Employment , Discrimination
printer mail-detail

Pay freezes, ‘costs plus’ & indirect discrimination

35134
Charles Pigott takes the measure of the ‘costs plus’ rule of thumb in age discrimination cases
  • The Court of Appeal has confirmed that the discriminatory impact of slowing pay progression in the probation service could be justified in the context of the last public sector pay freeze.
  • The ruling examines the usefulness of the ‘costs plus’ test as a way of distinguishing between lawful and unlawful policies when these disadvantage protected groups.

The origins of the dispute in Heskett v Secretary of State for Justice [2020] EWCA Civ 1487, [2020] All ER (D) 72 (Dec) go back to the public sector pay freeze imposed by the coalition government after it took power in 2010. The Court of Appeal’s decision was announced two weeks before the 2020 spending review, in which the chancellor announced another pay freeze for the whole public sector, excluding the NHS.

The Court of Appeal, reaching the same conclusion as the Employment Appeal Tribunal (EAT) ((2019) UKEAT/0149/18, [2019] All ER (D) 12 (Jul)), dismissed

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

EIP—Stuart Malcolm

EIP—Stuart Malcolm

EIP strengthens Commercial practice with a new partner

Ellisons—Francesca Brown

Ellisons—Francesca Brown

Ellisons welcomes Francesca Brown to Family team

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau—Marie Bourke

Shakespeare Martineau strengthens Sheffield regulatory practice with new hires

NEWS
A wide-ranging Civil Way column highlights developments from insolvency procedure to employment law, but one case stands out for its lessons on bankruptcy, family homes and digital communications
A sprawling Intellectual Property Office battle between House of Fraser and Frasers Property has delivered a masterclass in modern trade mark law
Courts in England and Wales and Singapore are increasingly confronting complex disputes over international child relocation as families become more globally mobile
The government’s long-awaited family law reform consultation could mark a turning point for domestic abuse victims navigating financial remedy proceedings, but significant challenges remain
A new commercial court pilot giving the public access to documents used in hearings, including expert reports, is raising difficult questions about transparency and privacy
back-to-top-scroll