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Equal Pay - Injury to Feelings

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The EAT (Burton P. presiding) has handed down judgment holding that damages for non-pecuniary loss (i.e. injury to feelings, aggravated damages etc.) cannot be recovered in Equal Pay Act claims, unlike in Sex Discrimination Act claims.

The EAT, noting the absence of a specific provision allowing awards for injury to feelings in the Equal Pay Act 1970, emphasised that an Equal Pay claim is based on contract, whereas a discrimination claim is based on a statutory tort. Thus the quantification of damages follows a different approach.

City of Newcastle upon Tyne v Allen