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23 July 2009 / Ian Smith
Issue: 7379 / Categories: Features , Employment
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Through the looking glass

Ian Smith updates us on contingent males, some nimble judicial footwork & a dog’s breakfast

At first sight, a “contingent male” may appear to be a feminist dream but in the looking glass world of local authority equal pay claims it has a more prosaic meaning.

If a woman (F1) makes an equal pay claim citing as a comparator a man doing a different job (M2) and succeeds, can a man doing the same work as F1 (M1) claim equal pay with her? If so, can M1 in effect pre-empt the issue by bringing a “contingent” claim on the basis that if she wins he should win too?

In his judgment in Hartlepool BC v Llewllyn [2009] UKEAT/006/08 (in fact four consolidated appeals) Underhill P posed two questions: (i) do contingent males have a claim at all; and (ii) if so, what is its scope (in particular in relation to a claim for arrears).

Same work no pay

Normally M1 can claim equal pay if F1 is doing the same work but paid

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