Newcastle upon Tyne Council v Allan & ors; Degnan & ors v Redcar & Cleveland Borough Council, EAT, reported at [2005] ICR 1170 (also at [2005] IRLR 504).
NOTES

  • Newcastle upon Tyne Council v Allan & ors; and Degnan & ors v Redcar & Cleveland Borough Council, EAT on 14th April 2005 reported at eported at [2005] ICR 1170 (also at [2005] IRLR 504).
  • The full judgment in this case is available free of charge on the BAILII website

    Representation:

  • Mr Stefan Cross of Messrs Stefan Cross, Solicitors, Oystershell Lane, Newcastle upon Tyne, NE4 5QS for Mrs Allan and Mrs Degnan and Others
  • Mr John Bowers QC instructed by V Dodds, Head of Legal Services, Civic Centre, , Newcastle upon Tyne NE99 2BN (for Newcastle) and Mr Seamus Sweeney jointly instructed by Messrs Short Richardson & Forth Solicitors, 4 Mosley Street, Newcastle upon Tyne , NE1 1DE for Redcar and Cleveland Borough Council.
    Authority for the propositions that

    1. compensation for injury to feelings or other non-financial loss cannot be awarded under the Equal Pay Act 1970 although it can be awarded under the Sex Discrimination Act 1975.
    2. there is nothing in Sex Discrimination Act 1975 s.77 (which makes void any contract term which purports to provide for something to be done which would be unlawful sex discrimination) to provide a right to compensation.

    editor's note:
    this is one of a series of cases between the same parties dealing with various aspects of equal pay claims. For notes on one of the other aspects of the case, concerning comparison of pay and other benefits for Equal Pay Act purposes, see Redcar & Cleveland Borough Council and anor v Degnan and ors, CA 2005 EWCA Civ 726 on 17th June 2005.

    For relevant general notes see Compensation/a general introductory note and/or Compensation/injury to feelings and/or Sex discrimination/equal pay and terms of employment/remedies and/or Sex discrimination/contract terms and exclusion of SDA or EqPA .


    FINISH>
    prepared May 2005;