Reading Borough Council v James & Ors [2018] UKEAT 0222_17_0706 (7 June 2018)

Reading Borough Council v James & Ors [2018] UKEAT 0222_17_0706 (7 June 2018)

Once the necessary conditions for an equality clause are satisfied, the contractual right to equal pay crystallises and continues until the contract is lawfully varied or terminated, regardless of the comparator's subsequent employment status or pay changes. The presence of other comparators does not constitute a statutory modification to end the crystallised right.

Citation
[2018] UKEAT 0222_17_0706
Parties
Respondent: Reading Borough Council; Claimant: Ms Chan; Claimant: Mrs Janes
Jurisdiction
United Kingdom
Judgment Date
07 June 2018
Procedural Posture
Appeal / Final Judgment
Outcome
appeal dismissed
Legal Topics
Equal Pay, Work of Equal Value, Sex Discrimination
Employment Law Equality Law Equal Pay Work of Equal Value Sex Discrimination

Case Brief

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Parties

Reading Borough Council

Respondent

Ms Chan

Claimant

Mrs Janes

Claimant

Procedural Posture

Appeal / Final Judgment

Legal Issues

  1. 1 Temporal scope of pay comparison under Equal Pay Act 1970
  2. 2 Effect of comparator's departure or change in role on crystallised equal pay rights
  3. 3 Continued operation of equality clause after comparator leaves or pay changes

Ratio Decidendi

Once the necessary conditions for an equality clause are satisfied, the contractual right to equal pay crystallises and continues until the contract is lawfully varied or terminated, regardless of the comparator's subsequent employment status or pay changes. The presence of other comparators does not constitute a statutory modification to end the crystallised right.

Court Disposition

appeal dismissed

Orders

  • Claimants' crystallised rights to equal pay continue until validly varied or terminated
  • Compensation for arrears of pay to be calculated by reference to comparator's pay at the point of crystallisation