The Court of Appeal, in Jarvis Plc v Degnan, has ruled that in equal pay cases, an attendance allowance paid over and above an hourly rate of pay should be added to the hourly rate to produce a blended rate with which a female employee’s pay could be compared.

Ms Degnan and other cleaners brought an equal pay claim and sited three different sets of comparators, being gardeners, road sweepers and refuse workers. All three received the same hourly rate as the women however were entitled to a different fixed bonus and/or attendance allowance. It was held that these elements formed part of the comparators' remuneration for the calculation of an hourly rate for these purposes.

Back to Search