Justifying service-related pay in the context of sex discrimination law
2010
39
4
December
382-407
case law ; equal pay ; labour law ; service sector ; gender discrimination ; wages
Law
English
"This article is concerned with the conflicting perspectives of pay systems and structure that arise between legal opinion and labour economics/industrial relations theory and practice. It considers the progress of two equal pay claims concerning service-related pay involving the same employer, within uncontested ‘work rated as equivalent' criteria and on basically similar facts. The article describes the payment systems adopted by the employer that are at the root of the claims and describes the Employment Tribunals' principal findings of fact and summarises the judgments of the UK courts and the European Court of Justice. The findings and decisions provide a basis for a discussion of the impacts that bring about conflicts between these perspectives and questions whether the present arrangements for dealing with equal pay claims that challenge a pay structure are appropriate. "
Paper
The ETUI is co-funded by the European Union. Views and opinions expressed are however those of the author(s) only and do not necessarily reflect those of the European Union or the ETUI.