Where there is no sex difference

Case 6: The facts

William Milligan is a primary school teacher. A colleague had taken an equal pay claim comparing her job with that of a secondary school male teacher. Milligan could not bring a similar claim because there was no difference in sex between him and the secondary school comparator. He asked for the right to lodge a claim but to have it held back (stayed) until his female colleague had a decision on her pay claim.

The ruling

The Court of Session in Scotland held that the claim could be stayed. If this was not allowed it would have meant that Milligan would not have been able to claim back pay to match the amount that his comparator colleague would win (if her calim was successful), since her claim would have been registered earlier.

* South Ayrshire CC v Milligan [2003] IRLR 153