British Airways (European Operations At Gatwick) Ltd v. Moore & Anor [2000] EAT 185_99_2001 (20 January 2000)

British Airways (European Operations At Gatwick) Ltd v. Moore & Anor [2000] EAT 185_99_2001 (20 January 2000)

The employer failed to provide suitable alternative employment under s.67(2) ERA because the terms (basic pay only, no flying allowances) were substantially less favourable than normal terms for pursers, entitling the applicants to remuneration under s.69. However, no unlawful deductions occurred as the pay was contractually agreed. Equal pay claims do not arise during suspension on maternity grounds where national law provides an adequate allowance, as maternity pay is a self-contained code.

Citation
[2000] EAT 185_99_2001
Parties
Appellant: EOG (British Airways Plc subsidiary); Respondent/cross Appellant: Mrs Moore; Respondent/cross Appellant: Mrs Botterill
Jurisdiction
United Kingdom
Judgment Date
20 January 2000
Procedural Posture
Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Decision
Outcome
Appeal allowed in part; cross-appeals dismissed.
Legal Topics
Maternity Rights, Remuneration on Suspension, Equal Pay, Unlawful Deductions, Sex Discrimination
Employment Law Labour Law Equality Law Maternity Rights Remuneration on Suspension Equal Pay Unlawful Deductions Sex Discrimination

Case Brief

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Parties

EOG (British Airways Plc subsidiary)

Appellant

Mrs Moore

Respondent/cross Appellant

Mrs Botterill

Respondent/cross Appellant

Procedural Posture

Employment Appeal / Appeal and Cross Appeal From Employment Tribunal Decision

Legal Issues

  1. 1 Whether the employer provided suitable alternative employment under s.67(2) Employment Rights Act 1996 when grounding pregnant employees without flying allowances
  2. 2 Whether the applicants suffered unlawful deductions from wages under s.13 ERA
  3. 3 Whether the applicants had a valid equal pay claim under the Equal Pay Act 1970/Article 119 Treaty of Rome during suspension on maternity grounds

Ratio Decidendi

The employer failed to provide suitable alternative employment under s.67(2) ERA because the terms (basic pay only, no flying allowances) were substantially less favourable than normal terms for pursers, entitling the applicants to remuneration under s.69. However, no unlawful deductions occurred as the pay was contractually agreed. Equal pay claims do not arise during suspension on maternity grounds where national law provides an adequate allowance, as maternity pay is a self-contained code.

Court Disposition

Appeal allowed in part; cross-appeals dismissed.

Orders

  • Mrs Moore's equal pay claim dismissed.
  • Remuneration claims of both applicants remitted to Employment Tribunal for remedies hearing.