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HR buddies

The Covent Garden HR Buddies is an initiative facilitated by Clarkslegal to offer the London HR community the opportunity to meet with like-minded peers, attend relevant seminars and workshops and boost your knowhow of the issues specific to this sector.
 
It’s free and open to anyone interested in HR. It sets its own agenda, so it can be purely social or facilitate presentations to help prevent HR problems for companies in the London area. So if you want to network face to face contact
buddy@clarkslegal.comClick here for further details about our next HR Buddies event.  

If, alternatively, you wish to network online with other HR professionals, then using the discussion forum below, is your ideal opportunity to do so.

Please feel free to post new queries or questions, and/or reply to ones already posted. All you have to do is register a few details, then you will be ready to post your thoughts.

You can post a new query by selecting the tab "new thread". To reply to a post, select that post and then choose the "reply" tab.

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  Discussions  Buddy's question time  Length of servi...
 Length of service - indirect discrimination?
 
Kate_Atkinson
99 posts
Joined
1/4/2006

Length of service - indirect discrimination?
Posted: 14 Jun 06 11:41 AM

This week buddy was asked: We use length of service to determine pay and one of my female employees has said that this is indirect discrimination. We are not a discriminatory company and this is wrong - isn't it?

Kate_Atkinson
99 posts
Joined
1/4/2006

Re: Length of service - indirect discrimination?
Posted: 19 Jun 06 10:09 AM

Buddy says:This issue has been referred to the ECJ. The Advocate General has given an opinion and stated that where an employer uses length of service as a determinant of pay and this has a disadvantageous impact on women, employers will be required to objectively justify the criterion. Where this is not possible and if the criterion cannot be justified in respect of the specific employee that is complaining, this could amount to indirect sex discrimination (Cadman v UK Health and Safety Executive)

Employer information:The ECJ has yet to hand down judgment but it is usual that the Court will agree with the opinion of the Advocate General. It is anticipated that 36% of employers will be effected by the judgement! The Advocate General has recommended that the judgement should not be relied upon to support claims of indirect discrimination unless the claim has been issued prior to the date of the judgement.

  Discussions  Buddy's question time  Length of servi...
 
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