British Coal Corporation V Smith
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''British Coal Corporation v Smith''
996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...
IRLR 404 is a
UK labour law United Kingdom labour law regulates the relations between workers, employers and trade unions. People at work in the UK can rely upon a minimum charter of employment rights, which are found in Acts of Parliament, Regulations, common law and equit ...
case, concerning
equal pay Equal pay for equal work is the concept of labour rights that individuals in the same workplace be given equal pay. It is most commonly used in the context of sexual discrimination, in relation to the gender pay gap. Equal pay relates to the full ...
.


Facts

Three collective agreements covered canteen, clerical and surface mineworkers who were
British Coal The British Coal Corporation was a nationalised corporation responsible for the mining of coal in the United Kingdom from 1987 until it was effectively dissolved in 1997. The corporation was created by renaming its predecessor, the National Co ...
employees. All, however, had pay and conditions set through a centralised industry level agreement. The mineworkers got production extra bonuses, varying locally. The female canteen and clerical workers claimed they were being unequally paid. They did not get a coal bonus, but got everything else. The Tribunal held that the bonuses were ‘locally varied fulfilment of the same universally accepted central terms’.


Judgment


Court of Appeal

Balcombe LJ
994 Year 994 ( CMXCIV) was a common year starting on Monday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * September 15 – Battle of the Orontes: Fatimid forces, under Turkish genera ...
ICR 810 overturned this, arguing under the
Equal Pay Act 1970 The Equal Pay Act 1970 was an Act of the Parliament of the United Kingdom that prohibited any less favourable treatment between men and women in terms of pay and conditions of employment. The Act was proposed by the then Labour government, and was ...
section 1(6) that conditions needed to be the same if one chose a comparator at a different establishment - and not broadly or essentially similar terms.


House of Lords

Lord Slynn restored the tribunal, saying, ‘the terms and conditions do not have to be identical’, just ‘substantially comparable’. Otherwise it would be ‘far too restrictive’.


See also

*
UK employment equality law United Kingdom employment equality law is a body of law which legislates against prejudice-based actions in the workplace. As an integral part of UK labour law it is unlawful to discriminate against a person because they have one of the "protected ...
*'' Defrenne v Sabena (No 2)''
976 Year 976 ( CMLXXVI) was a leap year starting on Saturday (link will display the full calendar) of the Julian calendar. Events By place Byzantine Empire * January 10 – Emperor John I Tzimiskes dies at Constantinople, after ret ...
ECR 455 (C-43/75) ECJ held that TFEU art 157 required equal pay ‘for equal work which is carried out in the same establishment or service whether private or public’. But this was later reduced. *''
Macarthys Ltd v Smith (No 2) ''Macarthys Ltd v Smith'' (1980is an EU law, UK constitutional law and UK labour law case, concerning the construction of a sex discrimination statute, and its compatibility with European treaties, now in the European Union. Facts Ms Wendy Smith ...
''
981 Year 981 ( CMLXXXI) was a common year starting on Saturday (link will display the full calendar) of the Julian calendar. Events Births * Abu'l-Qasim al-Husayn ibn Ali al-Maghribi, Arab statesman (d. 1027) * Giovanni Orseolo, Venetian ...
QB 180, successful comparison with someone who preceded the claimant in employment *'' Diocese of Hallam Trustees v Connaughton''
996 Year 996 ( CMXCVI) was a leap year starting on Wednesday (link will display the full calendar) of the Julian calendar. Events By place Japan * February - Chotoku Incident: Fujiwara no Korechika and Takaie shoot an arrow at Retired Em ...
ICR 860 (EAT), successful comparison with someone who succeeded the claimant in employment *'' South Ayrshire Council v Morton''
002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *''002 Operazione Luna'', *1965 Italian film *Zero Two, a ''Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 ...
ICR 956, Court of Session held it was permissible for a teacher in one local authority to compare herself with a teacher in another *''
Lawrence v Regent Office Care Ltd Lawrence may refer to: Education Colleges and universities * Lawrence Technological University, a university in Southfield, Michigan, United States * Lawrence University, a liberal arts university in Appleton, Wisconsin, United States Preparato ...
''
002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *''002 Operazione Luna'', *1965 Italian film *Zero Two, a ''Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 ...
IRLR 822,
002 002, 0O2, O02, OO2, or 002 may refer to: Fiction *002, fictional British 00 Agent *''002 Operazione Luna'', *1965 Italian film *Zero Two, a ''Darling in the Franxx'' character Airports *0O2, Baker Airport *O02, Nervino Airport Astronomy *1996 ...
ECR I-07325, (2002) C-320/00, a single source is held to be implicitly necessary to correct pay discrimination


Notes

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References

* United Kingdom labour case law House of Lords cases 1996 in United Kingdom case law