''Enderby v Frenchay Health Authority'' (1992
C-127/92
is an

EU labour law European labour law regulates basic transnational standards of employment and partnership at work in the European Union and countries adhering to the European Convention on Human Rights. In setting regulatory floors to competition for job-creatin ...

, relevant for

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 ...

, that concerns the justification test for unequal pay between men and women.

Facts

Dr Pamela Mary Enderby was a speech therapist. She received around 40% less pay than senior hospital pharmacists and clinical psychologists. She said she should have equal pay. Tribunal held the difference came from different bargaining structures of the three professions, which were not in themselves discriminatory. The Employment Appeal Tribunal

991 Year 991 (Roman numerals, CMXCI) was a common year starting on Thursday (link will display the full calendar) of the Julian calendar. Events * March 1: In Rouen, Pope John XV ratifies the first Peace and Truce of God, Truce of God, between ...

ICR 382 dismissed her appeal. The Court of Appeal made a reference to the ECJ asking whether the separate bargaining structures could be an objective justification under (what is now)

TFEU The Treaty on the Functioning of the European Union (TFEU) is one of two treaties forming the constitutional basis of the European Union (EU), the other being the Treaty on European Union (TEU). It was previously known as the Treaty Establishi ...

art 157. Also it asked whether it was the case that, ‘if the employer could establish that serious shortages in one of the comparator professions explained part, but not all, of the difference in pay, the whole or only part of that difference should be regarded as justified.’

Judgment

The ECJ in 1997 held that although the worker has the burden of proof, this cannot undermine enforcement of equal pay. Therefore when statistics show an appreciable difference between jobs of equal value, the burden passes to the employer to objectively justify the disparity.

References

{{reflist United Kingdom labour case law Court of Justice of the European Union case law 1992 in United Kingdom case law European Union labour case law

Facts

Judgment

See also

References