Scullard v Knowles & Southern Regional Council for Education & Training

Scullard v Knowles Education Council
Court	Employment Appeal Tribunal
Decided	29 February 1996
Citation(s)	[1996] IRLR 344
Keywords
Equal pay

Scullard v Knowles & Southern Regional Council for Education & Training [1996] IRLR 344 is a UK labour law case, concerning equal pay.^[1]

Facts

Ms Scullard was a manager at a training unit of a charity. It had several units across the country. She wanted to compare herself to someone also employed by a Regional Advisory Council. Such Councils were funded by the Department for Employment, but were independent from the Secretary of State for Employment. The employer argued she could not compare men who worked in other units.

Judgment

Mummery J, as President of the EAT held that ‘associated employer’ under s 1(6) had no application because the different units were not limited companies within s 1(6). Instead, one had to rely on the wider provision of art 157, which has direct effect and ‘is not confined to employment in undertakings which have a particular legal form such as a limited company’

Equal pay cases

Equality Act 2010 ss 64-80

EU Directive 2006/54/EC

Scullard v Knowles Education Council [1996] IRLR 344

Allonby v Accrington and Rossendale College (2004) C-256/01

British Coal Corporation v Smith [1996] IRLR 404

Equality Act 2010 s 69

Clay Cross (Quarry Services) Ltd v Fletcher [1978] IRLR 361

Rainey v Greater Glasgow Health Board [1987] IRLR 26

Enderby v Frenchay Health Authority [1993] IRLR 591 (C-127/92)

Ratcliffe v North Yorkshire CC [1995] IRLR 439

Strathclyde RC v Wallace [1998] 1 WLR 259

Glasgow City Council v Marshall [2000] IRLR 272

Cadman v Health and Safety Executive [2007] 1 CMLR 16 (C-17/05)

Redcar and Cleveland BC v Bainbridge [2007] EWCA Civ 929

Allen v GMB [2008] EWCA Civ 810, [2008] IRLR 690

Gibson v Sheffield City Council [2010] EWCA Civ 63

Defrenne v Sabena (No 2) [1976] ECR 455 (C-43/75) ECJ held that TFEU art 157 required equal pay ‘for equal work which is carried out in the same establishment or service whether private or public’. But this was later reduced.
Macarthys Ltd v Smith (No 2) [1981] QB 180, successful comparison with someone who preceded the claimant in employment
Diocese of Hallam Trustees v Connaughton [1996] ICR 860 (EAT), successful comparison with someone who succeeded the claimant in employment
South Ayrshire Council v Morton [2002] ICR 956, Court of Session held it was permissible for a teacher in one local authority to compare herself with a teacher in another
Lawrence v Regent Office Care Ltd [2002] IRLR 822, [2002] ECR I-07325, (2002) C-320/00, a single source is held to be implicitly necessary to correct pay discrimination

Notes

↑ "Equal pay". Retrieved 13 January 2012.

References

External links

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