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Rewarding Length Of Service – Is It Legal?
( Cadman v Health & Safety Executive )

In this case Ms Cadman was employed by the Health & Safety Executive as a Principal Inspector. She complained that she was paid less than four other male colleagues who were doing the same job as her at an equal level.

The reason for the differential was length of service. Ms Cadman argued that she had been discriminated against on the grounds of her sex.

The case went to the European Court of Justice and their ruling has made clear that, where an employer seeks to reward length of service it is only appropriate to do so where there is a link between experience and performance in the job. Awarding seniority per se, would not be sustainable.

The European Court of Justice ruling may also raise issues for employers in respect of the Equality Age Regulations which are now in force.