St Helens & Knowsley Hospitals NHS Trust v Brownbill & others  IRLR 128 (EAT) and 815 (Court of Appeal)
9 August 2010
Employment appeal tribunal
In determining whether the terms of a claimant's contract of employment are less favourable than those of a comparator, each term must be looked at individually rather than viewing the terms as a whole. So even if overall a claimant's pay is more than that of a comparator, if individual terms such as overtime are less favourable, then the equality clause has the effect of modifying the less favourable terms so as to be not less favourable - subject to the ‘material factor' defence.
To read the full case summary and to view the case transcript, you must subscribe to Jordans Employment Law Online (if you already subscribe click here to log in).
To request a free trial click here and select Jordans Employment Law online from the drop down menu.
Law and Practice
The status of employment rights on the transfer of an undertaking is an extremely complex area of...