means an event, series of events or circumstance arising from the physical impacts of Climate Change that affects a large number of people within a community, population, or region [and prevents [X OR a party] from performing its obligations under this agreement].

Relating to [freehold OR leasehold] property known

CASE HUB ARCHIVED–this archived case hub reflects the position at the date of the decision of 13 November 2012; it is no longer maintained. See further, timeline and commentary. Case facts Outline UK merger investigation into the completed acquisition by Epwin Holdings Limited of Latium Building Products Holdings Limited, CET Glass Processors Holdings Limited and Building Plastics Holdings Limited. Latest developments The CC concluded that the merger did not raise competition concerns and did not result in a significant lessening of competition. Therefore, the CC cleared the transaction unconditionally. Parties Acquirer—Epwin Holdings Limited (Epwin). Targets—Latium Building Products Holdings Limited (Latium), CET Glass Processors Holdings Limited (CET) and Building Plastics Holdings Limited (Building Plastics). Epwin was one of the first manufacturers of PVC window frames in the UK. As well as manufacturing PVC products, Epwin owns 27 stockists. Prior to the transaction, Epwin was owned by Mr Jim Rawson. Prior to the transaction, Latium, CET and Building Plastics were all owned by Mr Brian Kennedy. Background Epwin acquired Latium, CET and Building Plastics

Equal pay (now called equality of terms) protection aims to achieve equality between men and women in pay and other terms of employment where the work of an employee and an opposite sex comparator is equal, by inserting a sex equality clause into the employee’s contract to ensure parity.

ARCHIVED: This Practice Note has been archived and is not maintained. Employment Tribunals (Constitution and Rules of Procedure) Regulations 2013 SI 2013/1237 SCHEDULE 3 THE EMPLOYMENT TRIBUNALS (EQUAL VALUE) RULES OF PROCEDURE 1 Application of Schedule 3 (1) This Schedule applies to proceedings involving an equal value claim and modifies the rules in Schedule 1 in relation to such proceedings. (2) The definitions in rule 1 of Schedule 1 apply to terms in this Schedule and in this Schedule— “comparator” means the person of the opposite sex to the claimant in relation to whom the claimant alleges that his or her work is of equal value; “equal value claim” means a claim relating to a breach of a sex equality clause or rule within the meaning of the Equality Act in a case involving work within section 65(1)(c) of that Act; “the facts relating to the question” has the meaning in rule 6(1)(a); “independent expert” means a member of the panel of independent experts mentioned in

Term used to describe the requirement under the Pensions Act 1995 that members of each sex have identical entry conditions to pension schemes.

This Practice Note examines the time limits within which equal pay (equality of terms) claims must be brought in the employment tribunal. It covers the ‘qualifying period’ and the definition of that period in concealment, incapacity and stable work cases. It also covers the absence of discretion to extend time, cases involving a transfer of undertakings and time limits in civil court claims (ie equal pay claims in the County Court or High Court). The qualifying period Proceedings on: • a complaint relating to breach of an equality clause or rule • an application for a declaration as to the effect of an equality clause or rule may not be brought in an employment tribunal after the end of the qualifying period. Note however that it is also possible to bring a claim for a breach of an equality clause or rule as a claim for breach of contract in the High Court or County Court in which case the longer six-year breach of contract limitation period applies. For more information, see: Civil court claims

This Practice Note examines the procedural rules that apply in equal pay (equality of terms) claims. Similarities and differences The procedure for equal pay claims, as for all other tribunal claims, is governed by the Employment Tribunal Procedure Rules 2024 (ET Rules 2024), SI 2024/1155. Equal pay claims are brought in the same way as other claims (see Practice Note: Submission of a claim to the employment tribunal) and claims involving like work and/or work rated as equivalent are dealt with according to the ordinary rules of procedure. The procedure for obtaining information (formerly statutory questionnaires) in equal pay claims is generally as for discrimination (prohibited conduct) claims (see Practice Note: Obtaining information for equality claims). Special procedures, discussed below, apply where an equal pay claim raises a contention that the claimant's work was of equal value to that of a comparator (see Practice Note: Equal pay: equal work and comparators—Work of equal value). Equal value procedure A two-stage equal value procedure is set out in the Equal Value Rules 2024, SI 2024/1155, Sch

This Practice Note examines the employment tribunal’s jurisdiction in relation to equal pay (equality of terms) and the remedies available to a claimant in an equal pay claim. For further information on equal pay (equality of terms) and the principle of equal pay for equal work, see: Equality of terms (equal pay)—overview and Practice Note: Equal pay: definition of pay. Relationship with discrimination claims Certain claims for equal pay, in particular those relating to non-contractual benefits, may be brought under the discrimination provisions of the Equality Act 2010 (EqA 2010) rather than the provisions concerning equal pay. For details, see Practice Notes: • Equal pay: how claims work • Employment events which give rise to discrimination, harassment and victimisation claims—During employment • Direct discrimination—Direct sex discrimination by virtue of a contractual term, and • Indirect discrimination—Indirect sex discrimination: PCPs which are contractual terms For a discussion of the remedies available following a successful claim under the discrimination provisions, see Practice Notes: • Prohibited conduct claims: remedies overview • Prohibited conduct claims: assessing compensation • Prohibited conduct

The concept that a female or male worker is entitled to equal pay for equal work when compared with the opposite sex.

This Practice Note examines the defences available to an employer in relation to an equal pay (equality of terms) claim and the exceptions that apply. The general rule As a general rule, if the work of a worker and a comparator of the opposite sex is equal (see Practice Note: Equal pay: equal work and comparators) but their terms are not, the sex equality clause and/or the sex equality rule takes effect. Material factor defence A sex equality clause in A's terms of work has no effect in relation to a difference between A’s terms and B’s terms if the employer shows that the difference is because of a material factor, reliance on which does not involve treating A less favourably because of A’s sex than the employer treats B, ie if the material factor is not directly discriminatory. Put another way, an employer will have a defence to a finding that an employee is doing equal work to that of a comparator if it can prove that the reason for the difference in pay

This Practice Note examines the principle of equal pay for equal work under the Equality Act 2010 (EqA 2010) and, in particular, what 'pay' includes. It considers whether pay must be a contractual entitlement and the meaning of ‘pay’ under Article 157 of the Treaty on the Functioning of the European Union (TFEU) (previously Article 141 of the Treaty of Rome). It also looks at the treatment of termination pay, pensions and maternity pay. The principle of equal pay for equal work Article 157 TFEU establishes the principle that a worker is entitled to equal pay for equal work. European law distinguishes between equal pay (provided for under Directive 75/117/EEC, the Equal Pay Directive) and equal treatment between men and women (provided for by Directive 76/207/EEC, the Equal Treatment Directive and subsequent directives). Directive 76/207/EEC, the Equal Treatment Directive does not apply to 'pay'. The principle of equal pay for equal work has been said to be fundamental to the foundations of the European Union. Article 157 TFEU has direct effect, enabling a court or tribunal to