TUPE and equal pay

Case 2: The facts

Mrs Clark worked at the dental school at St Thomas' Hospital. She was paid less than a colleague Mr Tate, who was doing similar work to her. However, his pay was based on the rate that applied prior to a TUPE transfer. A tribunal upheld Mrs Clark's claim to be paid the same as Mr Tate. The hospital proceeded to appeal the decision to the Employment Appeal Tribunal.

The ruling

The EAT held that while there is a presumption that a difference in pay will be due to a difference in sex, that presumption can be rebutted by the employer showing that there is a different reason, untainted by sex, for the pay difference. The TUPE transfer was the reason for the pay difference and the defence was upheld.

* King's College London v Clark EAT/1049/02