Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+

Employment lawEquality, diversity and inclusionSex discriminationEmployment tribunalsEqual pay

Case of the week: Haq v Audit Commission

by Adam Hartley 12 Mar 2013
by Adam Hartley 12 Mar 2013

Haq v Audit Commission

FACTS

Until 2007, the two kinds of administrative support role in the Audit Commission’s housing inspectorate were:



  • inspection and information officer (IIO); and
  • senior inspection and information officer (SIIO).

The SIIO role had more responsibility, but both the IIO and SIIO roles were within the same pay grade.

In September 2007, there were 11 IIOs, all of whom were women, and five SIIOs, with three full-time male workers and two women who shared jobs. The SIIOs had transferred from the Housing Corporation with pay protection.

In October 2007, the IIO and SIIO roles were amalgamated into a new administrative grade, inspection support officer (ISO). Eleven ISO positions were created at the same pay grade as IIOs and SIIOs and the employees who were appointed as ISOs carried across their existing pay.

Nine female IIOs who were made ISOs brought equal pay claims for the period from 1 October 2007, comparing themselves against two male SIIOs who were appointed as ISOs. They were employed on like work and the comparators were paid more. The disparity in pay was due to the amalgamation of the senior and junior roles and the application of the pay protection policy.

DECISION

Two issues determined the outcome of the case:



  • Was the difference in pay, on the face of it, sex discrimination in pay?
  • If so, was the discrimination objectively justified?

The tribunal found that there was indirect sex discrimination in pay and that it could not be objectively justified. The Employment Appeal Tribunal (EAT) allowed the Audit Commission’s appeal, but gave leave to appeal to the Court of Appeal.

The Court of Appeal dismissed the appeal by a two-to-one majority, with Lord Justice Mummery dissenting.

Mummery LJ focused on the original decision of the tribunal and upheld the tribunal’s conclusion that there was a prima facie case of indirect sex discrimination. There was a disproportionate adverse impact on the claimants by reason of the amalgamation of the IIO and SIIO roles and the application of the pay protection policy.

Mummery LJ found that the tribunal was entitled to find that the IIO role was lower paid “women’s work” as it had always historically been carried out by women. After 2007, the claimants and the comparators were employed on like work but with a significant difference in pay. The application of the pay protection policy ensured that the difference in pay continued and even increased.

However, Mummery LJ considered that it was necessary to remit the question of justification to the tribunal.

Lewison LJ agreed that there was indirect discrimination, but considered that it was objectively justified. Sir Mark Waller agreed. The legitimate aims pursued were to prevent the employees suffering a reduction in pay and to prevent loss of skills and experience.

IMPLICATIONS

This is an interesting decision from the Court of Appeal – the most reasoned judgment was given by the dissenting judge. It is notable that Mummery LJ also made some forthright observations about the “epidemic” of equal pay litigation in the tribunal system, the complexity of equal pay law and the benefits of negotiation over litigation to resolve such disputes.

The case demonstrates the principle, now enshrined in the Equality Act 2010, that pay protection may be a legitimate aim. However, it will always be easier to establish proportionality where, as here, the pay protection does not perpetuate historical discrimination. The pay that was protected did not involve – in contrast to some local authority cases – the protection of pay that had itself been found to be discriminatory; the men had been paid more in the senior role because it was the senior role.

Adam Hartley, partner, DLA Piper








Practical guidance from XpertHR on equal pay



  • Equal pay policy Use this model policy to set out the company’s commitment to equal pay between male and female workers.
  • Equal pay: FAQs XpertHR answers frequently asked questions on equal pay.
  • Equal pay: case law The XpertHR case reports section rounds up the case law on equal pay.

Avatar
Adam Hartley

Adam Hartley is a partner at DLA Piper.

previous post
Apprenticeships to boost economy by £3.4 billion
next post
A minute with… Ian Ruddy, European people services director, Telefónica Europe

You may also like

Aspers casino cashier excluded by colleagues wins £75k...

23 May 2022

Women in FTSE 350 leadership: ‘A lot of...

20 May 2022

City firms pledge to improve social mobility in...

20 May 2022

One in five employers planning ‘no jab no...

19 May 2022

BNP Paribas banker accused of ’emotional terrorism’ wins...

19 May 2022

Ethnic diversity: report highlights disparities in school leadership

18 May 2022

Bald move: Tribunal was right in sex-related harassment...

17 May 2022

Police Scotland pays out £948,000 to female officer...

16 May 2022

Gender equality facing growing backlash from male managers

16 May 2022

Lack of flexibility pushes half of women to...

16 May 2022
  • Apprenticeships are the solution to your recruitment problems PROMOTED | Apprenticeships have the pulling power...Read more
  • What it really means to be mentally fit PROMOTED | What is mental fitness...Read more
  • How music can help to ease anxiety at work PROMOTED | A lot has happened since March 2020, hasn’t it?...Read more
  • Why now is the time to plug the unhealthy gap PROMOTED | We’ve all heard the term ‘health is wealth’...Read more

Personnel Today Jobs
 

Search Jobs

PERSONNEL TODAY

About us
Contact us
Browse all HR topics
Email newsletters
Content feeds
Cookies policy
Privacy policy
Terms and conditions

JOBS

Personnel Today Jobs
Post a job
Why advertise with us?

EVENTS & PRODUCTS

The Personnel Today Awards
The RAD Awards
Employee Benefits
Forum for Expatriate Management
OHW+
Whatmedia

ADVERTISING & PR

Advertising opportunities
Features list 2022

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2022 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
    • Advertise
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • Equality, diversity and inclusion
    • Learning & training
    • Pay & benefits
    • Wellbeing
    • Recruitment & retention
    • HR strategy
    • HR Tech
    • The HR profession
    • Global
    • All HR topics
  • Legal
    • Case law
    • Commentary
    • Flexible working
    • Legal timetable
    • Shared parental leave
    • Redundancy
    • Maternity & Paternity
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
    • OHW Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • XpertHR
    • Learn more
    • Products
    • Pricing
    • Free trial
    • Subscribe
    • XpertHR USA
  • Webinars
  • OHW+