Capper Pass Ltd v Lawton [1976] UKEAT 346_76_1076 (19 October 1976)

Capper Pass Ltd v Lawton [1976] UKEAT 346_76_1076 (19 October 1976)

Work of Mrs. Lawton was of a broadly similar nature to that of Mr. Smith and Mr. Brattan; differences were not of practical importance in relation to terms and conditions of employment, so equality clause applies.

Citation
[1976] UKEAT 346_76_1076
Parties
Appellant: Capper Pass Ltd.; Respondent: Mrs. J. B. Lawton; Comparator: Mr. Smith; Comparator: Mr. Brattan
Jurisdiction
United Kingdom
Judgment Date
19 October 1976
Procedural Posture
Employment Appeal / Appeal From Industrial Tribunal
Outcome
appeal dismissed
Legal Topics
Equal Pay, Sex Discrimination, Equality Clause, Like Work
Employment Law Equality Law Equal Pay Sex Discrimination Equality Clause Like Work

Case Brief

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Parties

Capper Pass Ltd.

Appellant

Mrs. J. B. Lawton

Respondent

Mr. Smith

Comparator

Mr. Brattan

Comparator

Procedural Posture

Employment Appeal / Appeal From Industrial Tribunal

Legal Issues

  1. 1 Is Mrs. Lawton entitled to an equality clause in her contract under the Equal Pay Act, 1970, as amended by the Sex Discrimination Act, 1975?
  2. 2 Are the differences between Mrs. Lawton's work and that of Mr. Smith and Mr. Brattan of practical importance in relation to terms and conditions of employment?

Ratio Decidendi

Work of Mrs. Lawton was of a broadly similar nature to that of Mr. Smith and Mr. Brattan; differences were not of practical importance in relation to terms and conditions of employment, so equality clause applies.

Court Disposition

appeal dismissed

Orders

  • Equality clause confirmed in Mrs. Lawton's contract.
  • Order varied to ensure Mrs. Lawton's hourly rate for 40 hours matches Mr. Smith and Mr. Brattan's hourly rate for 40 hours (excluding overtime premium).