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A decision has been made in the long-running case of City of Edinburgh Council v Wilkinson and others on what the phrase ‘common terms and conditions' means. The Court of Session held that if there are no men of the comparators' class of employee employed at the claimant's place of work, the claimants would need to demonstrate that a real male comparator would continue to be employed on the same terms and conditions if he were hypothetically employed in his current job but at the claimant's establishment. In this case, the claimants had satisfied that test.
The Court of Session also overturned the EAT's decision that the claimants were employed at the same establishment as their comparators and decided that ‘at an establishment' did not mean the same as ‘in an undertaking'. Instead, the Court of Session held it meant a workplace in the sense of a complex or group of buildings, and the first-instance Employment Tribunal had been correct in deciding that a school could constitute an establishment that was distinct from the council's other workplaces.
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