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Employment Law
CPD Points:
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Listen and pass the quiz: Gain 1 CPD point (60 minutes)
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Listen and pass the quiz: Gain 1 accredited CPD point (60 minutes)

Regulated by ILEX:
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  • FREE
30 minutes of audio
(+ optional 5 minute online quiz)
Plays on Computer:
Yes Downloadable as MP3:    Yes
Course Aims:

Following the discussions begun in part 1, this podcast aims to further explore the grounds on which pay inequality may be justified, looking firstly at issues of implied pay protection and justification based on service related pay scales. This podcast also aims to explore some procedural issues concerning equal pay claims, touching those following a TUPE transfer and under statutory grievance procedures.

After completing the course you will:
  • Understand how pay inequality can be justified on the basis of implied pay protection and service related pay scales;
  • Be aware of the time limit considerations when mounting different types of equal pay claim;
  • Know the different procedural rules between claims in stable employment cases and TUPE transfers;
  • Know what procedure applies to statutory grievance procedures and the recent case law on the area.
Intermediate Difficulty: 3 of 5
Case Update
Sources and References:
  • Hartley v Northumbria Healthcare NHS Foundation Trust (Case No 2507033/2007);
  • Wilson v Health and Safety Executive [2009] ICR 498;
  • Cadman [2006] ICR 1623;
  • Danfoss [1991] ICR 74;
  • Igen Ltd v Wong [2005] ICR 931;
  • Somerset County Council v Pike [2009] IRLR 870;
  • Rutherford v Secretary of State for Trade and Industry (No 2) [2006] ICR 785;
  • Slack v Cumbria County Council [2009] ICR 1217;
  • Martin v Essex County Council (UKEAT/0138/09);
  • Gutridge v Sodexo Ltd [2009] IRLR 721;
  • Sorbie v Trust House Forte Hotels Ltd [1977] ICR 55;
  • Suffolk Mental Health Partnership NHS Trust v Hurst [2009] ICR 1011;
  • Highland Council v TGWU [2008] IRLR 272;
  • Cannop v Highland Council [2008] IRLR 634;
  • Glasgow City Council v Stefan Cross Claimants (UKEATS/0007/09);
  • Potter v North Cumbria Acute Hospitals NHS Trust (UKEAT/0385/08).

In this podcast, the second of a two part CPDcast mini series on equal pay litigation, barrister Richard Leiper returns to how employers have justified inequality and then goes on to discuss the procedural time limits when bringing an equal pay claim.

NB: This podcast is currently under review following the enactment of the Equality Act 2010

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