Plaintiffs had been transferred top working for private sector companies, as a result of competitive tendering. They had been dinnerladies and were all women.
They claimed equal pay under EqPA, when compared to men who had been kept in the public sector and were consequently better paid.
CA referred to ECJ the question of whether it was necessary for Article 141 purposes whether Plaintiffs be allowed to make the comparison suggested.
ECJ held that, although Article 141 wasn’t limited to cases in which Plaintiff and comparator worked for the same employer, in this case the comparison couldn’t be relied upon to challenge pay differences because the differences couldn’t be attributed to a single source, so that no body which was responsible for the inequality and which could restore equal treatment.
Very light on detail
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