header-logo header-logo

23 July 2009 / Ian Smith
Issue: 7379 / Categories: Features , Employment
printer mail-detail

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

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