Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Personnel Today

Register
Log in
Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+

Equality, diversity and inclusionLatest NewsEqual pay

Length of service could still leave employers liable for equal pay claims

by Georgina Fuller 4 Oct 2006
by Georgina Fuller 4 Oct 2006

Employers must not be complacent about the European Court of Justice ruling on the Cadman equal pay claim, according to the Chartered Institute of Personnel and Development (CIPD).

The court rejected a claim by Bernadette Cadman, who said her employer, the Health and Safety Executive, was unjustified in paying her male colleagues more because they had not taken time off for childcare.

Dianah Worman, diversity adviser at the CIPD, said the ruling still left employers with unequal pay policies wide open to legal challenges.

“The European Court of Justice ruling is a reminder to employers that they cannot just rely on the fact that a woman has been employed for less time than her male counterparts,” she said.

“The simple rule is, if you are paying men and women at different rates for the same job, then you must still have a very strong business case for doing it. Relying on different lengths of service alone will still leave employers liable to expensive losses in front of employment tribunals.”

But the CBI said the European Court of Justice ruling would not have a significant impact on employers.

Susan Anderson, CBI director of HR policy, said: “The court has taken a common-sense approach which recognises that employers need to be able to reward the knowledge and skills that can grow with experience.”

“The judgment will not bring radical change to workplace practices.Employers have not been given a free hand to discriminate against working mothers, and neither have the floodgates been opened to a glut of equal pay claims,” she said.

Sign up to our weekly round-up of HR news and guidance

Receive the Personnel Today Direct e-newsletter every Wednesday

OptOut
This field is for validation purposes and should be left unchanged.

Anderson said women who take extended time off work for childcare may need to update their skills when they return to work, and this will be reflected in their pay.

Cadman sued the Health and Safety Executive in 2001 when she discovered she was earning up to £9,000 a year less than male workers in the same post.

Georgina Fuller

previous post
Poor management leads to loss of young talent
next post
Business degrees fail to teach graduates sales skill

You may also like

Top 10 HR questions June 2025: Redundancy consultation

2 Jul 2025

Aircrew with cancer pursuing MoD for compensation –...

2 Jul 2025

Living wage pushes up spring pay settlements

2 Jul 2025

Third in north west fear ill health will...

2 Jul 2025

Government publishes ‘roadmap’ for Employment Rights Bill

2 Jul 2025

Four-day working: ‘We need to start treating people...

2 Jul 2025

Why bosses must set pay independently

2 Jul 2025

Ethnicity and disability pay gaps: Ready to report?...

1 Jul 2025

Government moves swiftly on immigration reform

1 Jul 2025

One in eight senior NHS managers from black...

1 Jul 2025

  • Empowering working parents and productivity during the summer holidays SPONSORED | Businesses play a...Read more
  • AI is here. Your workforce should be ready. SPONSORED | From content creation...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 2025

  • Facebook
  • Twitter
  • Instagram
  • Linkedin


© 2011 - 2025 DVV Media International Ltd

Personnel Today
  • Home
    • All PT content
  • Email sign-up
  • Topics
    • HR Practice
    • Employee relations
    • 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
    • Maternity & paternity
    • Shared parental leave
    • Redundancy
    • TUPE
    • Disciplinary and grievances
    • Employer’s guides
  • AWARDS
    • Personnel Today Awards
    • The RAD Awards
  • Jobs
    • Find a job
    • Jobs by email
    • Careers advice
    • Post a job
  • Brightmine
    • Learn more
    • Products
    • Free trial
    • Request a quote
  • Webinars
  • Advertise
  • OHW+