ABSTRACT
It seems to me, first, that the language of the sub-section is clear and unambiguous. It poses the question whether the terms and conditions of employment ‘observed’ at two or more establishments ... are ‘common’, being terms and conditions of employment observed ‘either generally or for employees of the relevant classes’. The concept of common terms and conditions of employment observed generally at different establishments necessarily contemplates terms and conditions applicable to a wide range of employees whose individual terms will vary greatly inter se ... Terms and conditions of employment governed by the same collective agreement seem to
53 Words in square brackets inserted by the SDA 1975, s 8(6), Sched 1, Pt I. 54 See comments in Hasley v Fair Employment Agency [1989] IRLR 106, NICA. 55 Gardner v London Borough of Merton [1980] IRLR 472, CA; Hasley v Fair Employment Agency
[1989] IRLR 106, NICA. 56 In Lawson v Britfish Ltd [1988] IRLR 53, EAT, it was held that there is no need to show
employment under common terms and conditions if the comparator works at the same
me to represent the paradigm, though not necessarily the only example, of the common terms and conditions of employment contemplated by the sub-section ...
