Labour Research (February 2004)

Law Matters

Pay rates can't be compared

Workers in the civil service will not be able to use the law to get the same pay rates as those of colleagues of the opposite sex working in different government departments.

In a case taken by workers in the Department for Environment, Food and Rural Affairs, who found that they were being paid less than comparable workers in other government agencies, the Employment Appeal Tribunal (EAT) has ruled that equal pay law does not permit such cross-employer comparisons, even though they all work for the same employer - the government.

The EAT held that there was no common source which had central responsibility for terms and conditions since each department was responsible for setting the terms of their employees.

The ruling is a blow to workers' rights to claim equal pay and means they can only compare their jobs with those of co-workers in the same government department.


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